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Karnataka High Court Weekly Round-Up: June 27 To July 3, 2022

Mustafa Plumber
3 July 2022 4:10 PM GMT
Karnataka High Court Weekly Round-Up: June 27 To July 3, 2022
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Nominal Index: NELSON RAJ v. THE STATE OF KARNATAKA. 2022 LiveLaw 229 Kavitha v. State of Karnataka. 2022 LiveLaw (Kar) 230 Mrs Leena Rakesh v Bureau of Immigration Ministry of Home Affairs. 2022 LiveLaw (Kar) 231 YUSUB S/O MOHAMUSAB SANADI v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 232 SUPRIT ISHWAR DIVATE v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 233 M.AJITHKUMAR...

Nominal Index:

NELSON RAJ v. THE STATE OF KARNATAKA. 2022 LiveLaw 229

Kavitha v. State of Karnataka. 2022 LiveLaw (Kar) 230

Mrs Leena Rakesh v Bureau of Immigration Ministry of Home Affairs. 2022 LiveLaw (Kar) 231

YUSUB S/O MOHAMUSAB SANADI v THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 232

SUPRIT ISHWAR DIVATE v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 233

M.AJITHKUMAR v THE STATE BY FOOD INSPECTOR, KOPPA. 2022 LiveLaw (Kar) 234

XXX v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 235

SHIVANAND LAXMAN ANCHI v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 236K

LAKSHMAIAH REDDY v. V ANIL REDDY & others. 2022 LiveLaw (Kar) 237

DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE. 2022 LiveLaw (Kar) 238

Sudarshan Ramesh v. Union Of India. 2022 LiveLaw (Kar) 239

THE UNIVERSITY OF AGRICULTURAL SCIENCES v. DR. DIGAMBARAPPA, & others. 2022 LiveLaw (Kar) 240

Sadik Khan @Sadik v State of Karnataka. 2022 LiveLaw (Kar) 241

Judgments/Reports

1. Courts Duty Bound To Consider All Contentions Raised By Parties While Deciding Bail Applications: Karnataka High Court

Case Title: NELSON RAJ v. THE STATE OF KARNATAKA

Case No: CRIMINAL APPEAL NO.336 OF 2022 C/W CRIMINAL APPEAL NO.267 OF 2022 & CRIMINAL APPEAL NO.337 OF 2022.

Citation: 2022 LiveLaw 229

The Karnataka High Court has said that courts are bound to take into consideration all the contentions raised by the parties while hearing a bail petition filed before it and then pass an appropriate order.

2. Karnataka High Court Acquits Woman Accused Of Murdering Her Two Months Old Child By Throwing In River

Case Title: Kavitha v. State of Karnataka

Case No: CRIMINAL APPEAL No.1372 OF 2017

Citation: 2022 LiveLaw (Kar) 230

The Karnataka High Court recently set aside the conviction and sentence of life imprisonment imposed on a woman for allegedly causing the death of her two months old girl-child, who was suffering from epilepsy and some respiratory problems, by throwing her into a river.

3. Bank Can't Seek Issuance Of 'Look Out Circular' For Recovery Of Dues Unless Economic Interest Of Country Is Involved: Karnataka High Court

Case Title: Mrs Leena Rakesh v Bureau of Immigration Ministry of Home Affairs.

Case No: WP 11213/2022

Citation: 2022 LiveLaw (Kar) 231

The Karnataka High Court has said the request for issuance of a Look out Circular (LOC) or preventing a person (defaulter of loan) from travelling abroad cannot be a mode of recovery of dues by a bank, unless there is an element of fraud and economic interest of the country is involved.

4. Karnataka High Court Orders ₹10 Lakh Compensation For Death Of 2-Yr-Old In Stray Dog Attack

Case Title: YUSUB S/O MOHAMUSAB SANADI v THE STATE OF KARNATAKA

Case No: WRIT PETITION NO. 110352 OF 2019

Citation: 2022 LiveLaw (Kar) 232

The Karnataka High Court has held that there is a statutory obligation which has been imposed upon the local municipal authorities to safeguard the human beings cohabitating within their jurisdiction, from the danger of any stray dogs and/or any attack by such stray dogs.

5. Reasons For Handcuffing Accused Must Be Recorded In Case Diary: Karnataka High Court Awards 2 Lakh Compensation To Law Student

Case Title: SUPRIT ISHWAR DIVATE v. THE STATE OF KARNATAKA

Case No: WRIT PETITION NO. 115362 OF 2019

Citation: 2022 LiveLaw (Kar) 233

The Karnataka High Court has held that an accused who is arrested can normally not be handcuffed. It is only under "extreme circumstances", for instance where there is possibility of the accused/ under trial prisoner escaping custody or causing harm to himself or causing harm to others, that handcuffing of an accused can be resorted to.

6. Accused Can't Be Convicted For Charge Which Is Not Framed By Trial Court: Karnataka High Court

Case Title: M.AJITHKUMAR v THE STATE BY FOOD INSPECTOR, KOPPA

Case No: CRIMINAL REVISION PETITION NO.1527/2016

Citation: 2022 LiveLaw (Kar) 234

The Karnataka High Court has set aside the conviction handed down under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame against the accused, and remanded the matter back to be considered afresh.

7. Karnataka High Court Dismisses Habeas Corpus Plea Moved By Transgender Person After Alleged Partner Denies Relationship

Case Title: XXX v. STATE OF KARNATAKA

Case No: WRIT PETITION HABEAS CORPUS No.57 OF 2022

Citation: 2022 LiveLaw (Kar) 235

The Karnataka High Court has dismissed a habeas corpus petition filed by a transgender person, seeking directions to the police to produce an 18-year old girl, alleged to be his partner.

8. Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Case Title: SHIVANAND LAXMAN ANCHI v. THE STATE OF KARNATAKA

Case No: WRIT PETITION No.16983 OF 2021

Citation: 2022 LiveLaw (Kar) 236

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service.

9. Counsel Entitled To Physically Accompany Party To Remote Point While Giving Evidence Via Video Conferencing:Karnataka High Court

Case Title: K LAKSHMAIAH REDDY v. V ANIL REDDY & others

Case No: WRIT PETITION NO.10926 OF 2022

Citation: 2022 LiveLaw (Kar) 237

The Karnataka High Court has held that a counsel/advocate appearing for the parties are entitled to be physically present at the remote point from where the evidence of such party is being recorded through video conferencing.

10. Execution Court Can Issue Delivery Warrant For Decreed Suit Property Even If Possession Not Sought In Suit For Specific Performance: Karnataka High Court

Case Title: DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE

Case No: WRIT PETITION NO. 102158 OF 2021

Citation: 2022 LiveLaw (Kar) 238

The Karnataka High Court has held that even if the plaintiff has not sought a relief of possession in a suit for specific performance, but had only sought the prayer for execution of the sale deed, the Execution Court can issue a delivery warrant directing the Judgment debtor to handover possession of the property, upon decree holder performing all obligations as stated in decree.

11. Bitcoin Scam: Karnataka High Court Refuses To Quash LOC Against Brother Of Accused Sirkrishna

Case Tile: Sudarshan Ramesh v. Union Of India

Case No: WP 1730/2022

Citation: 2022 LiveLaw (Kar) 239

The Karnataka High Court has rejected a petition filed by Sudarshan Ramesh, brother of bitcoin scam accused Sirkrishna, questioning the action of Central authorities in restraining him from leaving India and travelling to the Netherlands.

12. Ad Hoc Appointments Can Be Made On Rotational Basis, Seniority Not A Criteria: Karnataka High Court

Case Title: THE UNIVERSITY OF AGRICULTURAL SCIENCES v. DR. DIGAMBARAPPA, & others

Case No: WRIT APPEAL NO.100263 OF 2022 C/W WRIT APPEAL NO.100264 OF 2022

Citation: 2022 LiveLaw (Kar) 240

The Karnataka High Court has set aside an order of the Single Judge bench which held that appointments to the post of Director of University of Agricultural Sciences, on ad-hoc basis, shall be done on seniority basis.

13. Life Is Important To All, Persons Committing Brutal Murder Of One Cannot Now Seek Bail To Save Their Father's Life: Karnataka High Court

Case Title: Sadik Khan @Sadik v State of Karnataka

Case No: Criminal Petition 4834/2022

Citation: 2022 LiveLaw (Kar) 241

"When petitioners have committed brutal murder of one person they cannot seek bail to save life of another person i.e. their father," the Karnataka High Court observed while denying bail to two murder accused.

Other reports

1. Karnataka High Court Stays Case Against Congress Leaders Over Mekedatu Padyatra Amid Covid Restrictions

Case Title: D K SHIVAKUMAR & Others v. STATE OF KARNATAKA

Case No: CRL.P 5726/2022

The Karnataka High Court on Tuesday stayed further proceedings till the next date of hearing, in a case registered under the Karnataka Epidemic Diseases Act, 2020 and other sections of the Indian Penal Code, against President of Karnataka Pradesh Congress Committee, DK Shivakumar, Leader of Opposition in the State, Siddaramaiah and other members, for carrying out a padyatra in January, demanding implementation of Mekedatu project, when allegedly Covid-19 restrictions were in force.

2. Karnataka High Court Asks State About Steps Taken To Prevent Illegal Slaughtering Of Animals

Case Title: GAU GYAN FOUNDATION v THE STATE OF KARNATAKA

Case No: WP 5624/2022

The Karnataka High Court on Tuesday issued notice to the state government and other respondents, seeking their response about the steps taken pursuant to its order dated December 1, 2021 for prevention of illegal slaughtering of animals in the state.


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