Karnataka High Court Weekly Round-Up: November 14 To November 20, 2022

Nominal Index: SCANIA COMMERCIAL VEHICLES INDIA PVT. LTD & others v. STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 457. Syed Ahammed v. State of Karnataka. 2022 LiveLaw (Kar) 458. HARISH .G & Others v. THE STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 459. A.V. GAYATHRI SHANTHEGOWDA v. ELECTION COMMISSION OF INDIA & others. 2022 Livelaw (Kar) 460. M/s. BASF India Ltd. Versus State of Karnataka. 2022 LiveLaw (Kar) 461. ASHWINI GANAPATI HARIKANTRA v. STATE OF KARNATAKA. 2022 LiveLaw (kar) 462. THAHA UMMER v. UNION OF INDIA. 2022 LiveLaw (Kar) 463. SUNITA W/O BHARATKUMAR AITAWADE & ANR v. MALIKJAN S/O BHASKAR SANNAKKI. 2022 LiveLaw (Kar) 464. UMADEVI MURUGESH & ANR VERSUS STATE OF KARNATAKA. 2022 LiveLaw (Kar) 465. NAFEEZA & Others v. STATE OF KARNATAKA & Others. 2022 LiveLaw (Kar) 466. THE KARNATAKA CHEMISTS AND DRUGGISTS ASSOCIATION & Others v. COMPETITION COMMISION OF INDIA & Others. 2022 LiveLaw (Kar) 467 Judgement/Orders 'Victim' U/S 2(wa) CrPC Includes Legal Heirs Who May Continue Criminal Case If Victim Dies: Karnataka High Court Case Title: SCANIA COMMERCIAL VEHICLES INDIA PVT. LTD & others v. STATE OF KARNATAKA & others. Case No: CRIMINAL PETITION No.2778 OF 2020 Citation: 2022 LiveLaw (Kar) 457 The Karnataka High Court has said that the word 'victim' under Section 2(wa) of CrPC would include his or her legal heirs and they would have the locus to continue the criminal case in case of victim's death, before Police files the chargesheet. A single judge bench of Justice M Nagaprasanna said, "A victim would mean a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal heir." Not Mentioning Batch Number, Best Before Or Veg/ Non-Veg Symbol On Food Articles Is An Offence U/S 7 Prevention Of Food Adulteration Act: Karnataka HCCase Title: Syed Ahammed v. State of Karnataka Case No: CRIMINAL REVISION PETITION No.1094 OF 2018 Citation: 2022 LiveLaw (Kar) 458 The Karnataka High Court has said that food articles sold without labels mentioning its batch number, 'best before' and 'Veg' or 'Non-veg' symbol, is clearly an offence under Section 7(i) and 7(ii) of the Prevention of Food Adulteration Act, punishable under Section 16(1)(a) thereof. A single judge bench of Justice Dr. H.B. Prabhakara Sastry said, "Admittedly, the food article sold was not labelled in accordance with the requirement of the Act and the Rules made there under, by mentioning its batch number, 'best before' and 'Veg' or 'Non-veg' symbol, which is clearly an offence under Section 7(i) and 7(ii) punishable under Section 16(1)(a) of the Act." State Should Prevent Private Medical Colleges Collecting Excess Fee If It Is Really Interested In Citizens' Welfare:Karnataka High CourtCase Title: HARISH .G & Others v. THE STATE OF KARNATAKA & others Case NO: WRIT PETITION No.52425/2019 Citation: 2022 LiveLaw (Kar) 459 The Karnataka High Court recently suggested the State government to issue general directions to Medical colleges against collection of excess fees from students over and above what is fixed by the government and the Karnataka Examinations Authority. A division bench of Justices B. Veerappa and KS Hemalekha said, "It is the duty of the State Government to protect the students and issue directions to all the colleges including respondent No.6, who collected excess amount over and above fee fixed by the State Government, if the State is really interested in the welfare of the citizens of the State." Nominated Members Of Town Panchayats Cannot Vote In Legislative Council Elections: Karnataka High CourtCase Title: A.V. GAYATHRI SHANTHEGOWDA v. ELECTION COMMISSION OF INDIA & others Case No: W.P.NO.1850/2022 Citation: 2022 Livelaw (Kar) 460 The Karnataka High Court has held that persons nominated as representative of the Government under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are not eligible to be included in the electoral roll of the Local Authorities Constituency for Karnataka Legislative Council polls. A single judge bench of Justice Hemant Chandangoudar, allowing a batch of petition challenging the inclusion of nominated members in the voter list, said: "The term 'every member of the Local Authority' means 'only the elected members who are the councillors of the Town Panchayat and the said term cannot be extended to persons nominated by the Government to the Town Panchayat, who are not the councillors of the Town Panchayat and interpretation otherwise would lead to absurd results and goes against the spirit of Article 243-R Constitution of India and Section 352 of the Act, 1964." Open Purchase Orders Are Standing Offers, Movement of goods are mere stock transfers, No Sales Tax Payable: Karnataka High CourtCase...

Karnataka High Court Weekly Round-Up: November 14 To November 20, 2022

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