Karnataka High Court Weekly Round Up : September 19 To September 25, 2022

Nominal Index [Citations 366 - 374]MUDIT SAXENA v UNION OF INDIA. 2022 LiveLaw (Kar) 366B.V. BYRE GOWDA v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 367R D RAMADAS v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 368SRI VASAVI EDUCATION SOCIETY v KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES & ANR. 2022 LiveLaw (Kar) 369PRAMOD H. MUTALIK v. DISTRICT COMMISSIONER AND DISTRICT MAGISTRATE. 2022 LiveLaw (kar) 370THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED v SHANKARAMMA & others. 2022 LiveLaw (Kar) 371SHIVARAJA @ KULLA SHIVARAJA v COMMISSIONER OF POLICE, BENGALURU. 2022 LiveLaw (Kar) 372M/s. Subex Limited versus The Deputy Commissioner of Income Tax. 2022 LiveLaw (Kar) 373D Reddeppa v. The State of Karnataka. 2022 LiveLaw (Kar) 374Judgments /ReportsLoan Recovery: Karnataka High Court Restrains PNB Housing Finance From Taking Coercive Measures Against Apartment BuyersCase Title: MUDIT SAXENA v UNION OF INDIACase No: W.P.NO.17696/2021 Citation: 2022 LiveLaw (Kar) 366In a significant order, the Karnataka High Court has restrained Punjab National Bank Housing Finance Limited from taking any coercive measures to recover the amount from loan borrowers who had entered into a tripartite agreements after booking their apartment units with M/S Mantri Developers Private Limited, in terms of "Pre-EMI Scheme".A single judge bench of Justice Krishna S Dixit allowed a batch of petitions filed by the loan borrowers and said, "A Writ of Mandamus is issued restraining the Respondent-PNB Housing Finance Limited from taking any coercive measures against the petitioners for recovering any amount comprised in the Loan Agreements and Tripartite Agreements in question."Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High CourtCase Title: B.V. BYRE GOWDA v. STATE OF KARNATAKACase No: CRIMINAL PETITION NO. 8067 OF 2019Citation: 2022 LiveLaw (Kar) 367The Karnataka High Court has directed the Chairman of State's Pollution Control Board to hold necessary workshops to educate and train its officers as regards initiation of criminal proceedings under Air and Water(Prevention and Control of Pollution) Act.A single judge bench of Justice Suraj Govindaraj has asked the Chairman to take assistance of NLSIU's Environment Law Centre for this purpose. He is also directed to place on record the topics that could be covered in such workshops along with the material that would be distributed in the said workshops.Karnataka High Court Asks State Government To Review Employee Transfer GuidelinesCase Title: R D RAMADAS v THE STATE OF KARNATAKACase No: WRIT PETITION NO.11934/2022Citation: 2022 LiveLaw (Kar) 368Concerned over the increase in number of cases related to transfer orders of government employees, the Karnataka High Court has said it is high time for the State to have relook at the relevant guidelines framed by it in 2013."The State being the largest litigant owes a duty to the justice delivery dispensation," said the court. The court said the state government should look into the concept of commutable distance and also consider the distinction between areas - which are well equipped with all the basic necessities like hospitals, schools, colleges, residential accommodation etc, and remote and inaccessible areas involving Hilly Terrain, Towns and Villages surrounded by forest etc or towns and villages in highly undeveloped or under-developed parts of the State.Karnataka State Commission For SC/ST Cannot Direct Govt To Withhold Grants to School: High CourtCase Title: SRI VASAVI EDUCATION SOCIETY v KARNATAKA STATE COMMISSION FOR THE SCHEDULED CASTES AND SCHEDULED TRIBES & ANRCase No: WRIT PETITION NO. 101248 OF 2022Citation: 2022 LiveLaw (Kar) 369The Karnataka High Court has said that Karnataka State Commission for the Scheduled Castes and Scheduled Tribes Act, 2002 does not empower the Commission constituted under it to direct the government to withhold grants being made to an educational institution.Justice M.I.ARUN of the Dharwad bench allowed the petition filed by Sri Vasavi Education Society and set aside the interim order dated 16.09.2021, by which the commission directed the government to withhold the grants being made to the petitioner institution.Karnataka HC Quashes Order Prohibiting Sri Rama Sene Founder From Meeting Praveen Netturu's FamilyCase Title: PRAMOD H. MUTALIK v. DISTRICT COMMISSIONER AND DISTRICT MAGISTRATECase no: CRIMINAL PETITION NO. 7611 OF 2022Citation: 2022 LiveLaw (kar) 370The Karnataka High Court recently set aside an order restraining Sri Ram Sene Founder Pramod H. Mutalik from meeting the family of Bharatiya Janata Yuva Morcha (BJYM) leader Praveen Netturu, who was killed on July 26 at Bellare in Mangaluru.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Mutalik and said, "The order dated 27.07.2022 passed by the District Commissioner and District Magistrate, Mangaluru, ...

Karnataka High Court Weekly Round Up : September 19 To September 25, 2022

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