Karnataka High Court Weekly Round-Up: October 17 To October 23, 2022

Nominal Index: KANDULA RAGHAVA RAO & ANR v. STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 410 VALERIAL SEQUERIA & others v. SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY N H 169. 2022 LiveLaw (Kar) 411 BENGALURU URBAN ZILLA AMATEUR KABBADI ASSOCIATION ® v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 412 Gangappa v. Lingareddy. 2022 LiveLaw (Kar) 413 M/S CANARA BANK v. M SHANTHA KUMARI. 2022 LiveLaw (Kar) 414 MIRLE VARADARAJU v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 415 SUNIL KUMAR KOUSHIK & ANR v. State of Karnataka. 2022 LiveLaw (Kar) 416 M/S ib TRACK SOLUTIONS PVT LTD & ANR v. STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 417 SHREE BEERESHWARA (CHANNAKESHWARA) SWAMY DEVARU TEMPLE & others v. G. N. SATHYA & others. 2022 LiveLaw (Kar) 418 HARSHA D v. STATE BY HIGH GROUND POLICE STATION. 2022 LiveLaw (Kar) 419 MRS. DANIELA LIRA NANY v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 420 A BANU PRAKASH v. THIMMA SETTY & Others. 2022 LiveLaw (Kar) 421 NARAYANA GOWDA J S & ANR v. State of Karnataka. 2022 LiveLaw (Kar) 422 Judgments/Orders 1. Bitters Sale On Amazon: Karnataka High Court Quashes Excise Proceedings Against Company Directors Case Title: KANDULA RAGHAVA RAO & ANR v. STATE OF KARNATAKA & ANR Case No: CRIMINAL PETITION NO. 6595 OF 2022 Citation: 2022 LiveLaw (Kar) 410 The Karnataka High Court has reiterated that criminal proceedings cannot be initiated against an intermediary for the products that are sold through its online platform. A single judge bench of Justice M Nagaprasanna has allowed the petition filed by Kandula Raghava Rao and Noorulamin Mohd. Saheb Patel, both directors of Amazon Seller Service Private Limited, and quashed the proceedings pending against them under Sections 8, 13(1)(a), 15, 32, 34 and 38(A) of the Karnataka Excise Act, 1965. 2. [National Highways Act] Second Award Not Permitted, State's Illegal Action Has To Be Nipped In The Bud If Affecting Parties' Rights: Karnataka HCCase Title: VALERIAL SEQUERIA & others v. SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY N H 169. Case No: WRIT PETITION NO.10525 OF 2021(LA-RES) A/W WRIT PETITION NO.10780 OF 2021, WRIT PETITION NO.13547 OF 2021 c/w WRIT PETITION NO.8458 OF 2021. Citation: 2022 LiveLaw (Kar) 411 The Karnataka High Court has said that National Highways Act does not provide for issuing a second award with respect to the land acquired pursuant to Notifications under Section 3-A and 3-D of the Act. A single judge bench of Justice E S Indiresh allowed a batch of petitions and set aside the second award by the competent authority dated 22nd January, 2021 and Order dated 27th January, 2021, which granted a lower compensation to the petitioners in lieu of their land. 3. Karnataka Societies Registration Act Does Not Permit Two Societies With Same Name: High Court Case Title: BENGALURU URBAN ZILLA AMATEUR KABBADI ASSOCIATION ® v. STATE OF KARNATAKA Case No: WRIT PETITION No.17533 OF 2021 (GM-KSR) C/W WRIT PETITION No.22023 OF 2021 (GM-KSR) Citation: 2022 LiveLaw (Kar) 412 The Karnataka High Court has held that under Section 7 of the Karnataka Societies Registration Act, 1960, once a Society is registered with a particular name, registration of a second Society with the same name is impermissible. A single judge bench of Justice M Nagaprasanna thus declared the registration of Bengaluru Urban District Amateur Kabbadi Association as illegal and quashed it. 4. S.54 TPA | Unregistered Sale Deed Cannot Defy Title By Delivery Of Possession Of Immovable Property Valued Below ₹100: Karnataka High CourtCase Title: Gangappa v. Lingareddy Case No: RSA NO.200352/2022 Citation: 2022 LiveLaw (Kar) 413 The Karnataka High Court has said that if there is alienation of immovable property, whose value is less than Rs.100 and possession is given, then a transfer under Section 54 of the Transfer of Property Act, takes place. A single judge bench of Justice Sachin Shankar Magadum sitting at Kalaburagi held the same while dismissing an appeal filed by one Gangappa, questioning the concurrent findings of the Courts below, wherein the suit filed by him seeking relief of declaration and permanent injunction was dismissed. 5. Bank Employees' Gratuity Can't Be Adjusted Against Their Outstanding Loan: Karnataka High Court Case Title: M/S CANARA BANK v. M SHANTHA KUMARI Case No: WRIT PETITION NO. 11463 OF 2020 Citation: 2022 LiveLaw (kar) 414 The Karnataka High Court has held that the gratuity amount payable to a bank employee cannot be adjusted by the bank with his outstanding loan amount. A single judge bench of Justice Suraj Govindaraj thus dismissed a petition filed by the Canara Bank questioning the order of Appellate Authority which set aside the order of the Controlling Authority permitting adjustment of gratuity towards loans of the employee. 6....

Karnataka High Court Weekly Round-Up: October 17 To October 23, 2022

Mustafa Plumber

Tags