Karnataka High Court Weekly Roundup: February 7 To February 13, 2022

1: Sex CD Scandal: Karnataka HC Quashes Proceedings Initiated Against Bengaluru Police Commissioner Kamal Pant For Delay In Registering FIR Case Title: Kamal Pant v. State of Karnataka Case No: Writ Petition No.21264 OF 2021 Citation: 2022 LiveLaw (Kar) 39 The Karnataka High Court recently quashed the proceedings initiated against Bengaluru Police Commissioner Kamal Pant and two other police officers, for alleged commission of an offence under Section 166A IPC which pertains to disobedience of law by a public servant. It includes refusal of a Police officer to record any information given to him under Section 154(1) CrPC in relation to cognizable offences pertaining to sexual harassment. 2: S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court Case Title: Joswin Lobo v. State of Karnataka Case No: Criminal Petition No.6916/2021 Citation: 2022 LiveLaw (Kar) 40 The Karnataka High Court has said there is no bar on a police officer, who is a gazetted officer, on carrying out a personal search to draw a mahazar, on an accused/ suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985. A single judge bench of Justice H P Sandesh said, "Assistant Commissioner of Police is also a Gazetted Officer...Search by the officer of the said department is not a bar and no law prescribes that he (suspect/accused) should be subjected to the personal search in the presence of the Gazetted Officer not belonging to the particular department." 3: Probationer In Police Dept Can't Be Terminated On Grounds Of Misconduct Sans Inquiry Under Karnataka Civil Service (Probation) Rules:High Court Case Title: Ramesh Malli v. The Deputy Inspector General Of Wireless Case No: W.P. No. 104944/2021 Citation: 2022 LiveLaw (Kar) 41 The Karnataka High Court has said that a probationer in the Karnataka police department cannot be terminated on the grounds of misconduct without carrying out an inquiry under the Karnataka Civil Service (Probation) Rules, 1977. A division bench of Justice S.G. Pandit and Justice Anant Ramanath Hegde said, "It is true that the petitioner has no right to hold the post and he can be terminated at any time during or at the end of the probationary period for general unsuitability, but a probationer cannot be discharged imputing allegations amounting to misconduct. If any misconduct is alleged, then enquiry under Rule 7 of '1977 Rules' is necessary." 4: Hijab Ban : Karnataka High Court Uploads Interim Order Banning Religious Dress In Classrooms In Colleges Where Uniform Is Prescribed Case Title: Resham & Anr v. State of Karnataka Citation : 2022 LiveLaw (Kar) 42 The Karnataka High Court on Friday uploaded the interim order passed in the petitions challenging Hijab ban in colleges in the state. The Court has requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing. The interim order is only applicable to those institutions which have prescribed a uniform dress code. 5: Building Owner Can Claim GST Exemption If Residential Premises Leased Out Are Used As Hostel: Karnataka High Court Case Title: Taghar Vasudeva Ambrish v. Appellate Authority For Advance Ruling Karnataka Case No: W.P. No.14891 OF 2020 Citation: 2022 LiveLaw (Kar) 43 The Karnataka High Court has held that an owner of a building can claim tax exemption under the Goods and Services Act (GST) if the residential premises leased out are used as a hostel to house students and working professionals. A division bench of Justice Alok Aradhe and Justice M I Arun while allowing the petition filed by one Taghar Vasudeva Ambrish said, "The service provided by the petitioner i.e., leasing out residential premises as hostel to students and working professionals is covered under Entry 13 of Notification No.9/2017 dated 28.09.2017 namely 'Services by way of renting of residential dwelling for use as residence' issued under the Act. The petitioner is held to be entitled to benefit of exemption notification." 6: Karnataka High Court Dismisses Appeal Filed By IIM-B Against Single Judge Order Setting Aside Expulsion Of 9 Students Caught For Exam Malpractice Case Title: Indian Institute of Management Bangalore v. Daivanti Thakare Case No: WA 91/2022 Citation: 2022 LiveLaw (Kar) 44 The Karnataka High Court has dismissed an appeal filed by the Indian Institute of Management (Bangalore), challenging an order of the Single Judge bench by which it had set aside the order of the Institute, expelling nine students caught for exam malpractice. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj said, "We do not find any infirmity or illegality in the view taken by the learned Single ...

Karnataka High Court Weekly Roundup: February 7 To February 13, 2022

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