Karnataka High Court Weekly Round Up : February 14 To February 19, 2022

1: Punishment Of Compulsory Retirement For Accepting ₹50 Bribe Disproportionate: Karnataka High Court Case Title: M.S. Kadkol v. State of Karnataka Case No: Writ Petition No.110912 of 2017 Citation: 2022 LiveLaw (Kar) 46 Almost 18 years after an employee of the State government was subjected to compulsory retirement for accepting a bribe of Rs. 50, the Karnataka High Court recently held that the punishment imposed on the petitioner is shockingly disproportionate to the nature and gravity of the offence. It thus set aside the order of compulsory retirement issued in the year 2004. A division bench of Justice S.G. Pandit and Justice Anant Ramanath Hegde sitting at Dharwad partly allowed the petition filed by M.S. Kadkol. It confirmed the guilt of the petitioner however, set aside the punishment of compulsory retirement and remitted the matter back to the disciplinary authority to pass appropriate order of punishment on the petitioner. 2: Karnataka High Court Strikes Down Law Banning Online Gaming With Stakes Case Title: All India Gaming Federation v. State Of Karnataka Case No: WP 18703/2021 Citation: 2022 LiveLaw (Kar) 47 The Karnataka High Court on Monday held certain provisions of the Karnataka Police (Amendment) Act 2021, by which the state government has banned online games with stakes to be ultra vires to the Constitution and struck them down. The Act provides maximum imprisonment of three years and penalty up to Rs. 1 lakh for violation of the provisions. A division bench of Chief Justice Ritu Raj Awasthi and Justice Krishna S Dixit said "In the above circumstances these writ petitions succeed. The Karnataka Police (Amendment) Act 2021 to the extent provisions we have said, not the entire act is struck down is declared to be ultra vires to the constitution and struck down." 3: LLB : Karnataka High Court Allows KSLU To Hold Exams For 3 Year Course; Sets Aside Single Bench Order Which Quashed Exam Notification Case Title: Karnataka State Law University v. Mahantesh Case No: WA 100319/2021 Citation: 2022 LiveLaw (Kar) 48 The Karnataka High Court on Tuesday set aside the single judge bench order dated on December 14, 2021, by which the court had quashed the notification issued by Karnataka State Law University, by which it was to conduct offline examinations for the students of 2nd and 4th semester of three year LLB course. A division bench of Justice S G Pandit and Justice Anant Ramanath Hegde while allowing the intra-court appeal filed by Karnataka State Law University said, "In the best interest of legal education. The following order, writ appeal is allowed. The order dated 14/12/2021 passed in writ petition no 104008/2021, is set aside." 4: If Advocate Of Accused In Custody Fails To Appear, Trial Court Bound To Appoint Legal Aid Advocate: Karnataka High Court Case Title: Somashekara @ Soma v. State Of Karnataka Case No: Criminal Appeal No. 328/2018 Citation: 2022 Livelaw (Kar) 49 The Karnataka High Court has said that if an advocate representing the accused who is in custody fails to appear before the court, the trial court is bound to appoint a legal aid advocate to defend the accused. A single judge bench of Justice K.S.Mudagal said, "Article 39A of the Constitution of India casts duty on the state not to deny access to justice on the ground of economic or other disabilities. To achieve the object of Article 39A of the Constitution, the Legal Services Authority Act has been enacted. Under the said Act, Legal Services Authorities are constituted right from national level to taluk level. The district courts have the District Legal Services Authority and a panel of advocates for rendering legal aid to the unaffordable as contemplated under Section 304 of Cr.P.C." 5: Granted Bail For Heinous Offence Before Investigation Concluded: Karnataka HC Directs Addl Session Judge To Undergo Training, Learn Judicial Discretion Case Title: Sunil Kumar v. State By Periyapatana Police Station Case No: Criminal Petition No.4234/2021 Citation: 2022 Livelaw (Kar) 50 The Karnataka High Court has directed its Registry to post an Additional Session Judge, Mysuru, for training in the Judicial Academy in order to make him learn "judicial discretion", in the interest of the institution and to protect the interest of seekers of justice. A single judge bench of Justice H.P. Sandesh said, "The Registry is directed to seek appropriate orders from the Hon'ble Chief Justice to post the concerned Judicial Officer to the Judicial Academy for training with regard to applying judicious thought process while exercising judicial discretion before granting bail in heinous offences." Hijab Ban Reports: 1: Hijab Ban : Senior Lawyers, Academicians Write Open Letter Condemning Violation Of Constitutional Rights Of Young Muslim Women Over 500 law students, legal academics and lawyers practising in different jurisdictions across courts in...

Karnataka High Court Weekly Round Up : February 14 To February 19, 2022

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