Karnataka High Court Weekly Round-Up: March 20 To March 26, 2023

Nominal IndexM/s D C B Bank Limited And The Assistant Commissioner. 2023 LiveLaw (Kar) 111Dr Sanjeev Kumar Hiremath And State of Karnataka. 2023 LiveLaw (Kar) 112Dr Bhanu C Ramachandran And Union of India. 2023 LiveLaw (Kar) 113M/S AMNESTY INTERNATIONAL INDIA PRIVATE LIMITED And UNION OF INDIA. 2023 LiveLaw (Kar) 114The Public Information Officer And The State Information Commissioner & others. 2023 LiveLaw (Kar) 115Kavitha M And Raghu & Others. 2023 LiveLaw (Kar) 116Basangouda And Muddangouda & Others. 2023 LiveLaw (Kar) 117Bharatiya Janata Party And Election Commission of India & Others. 2023 LiveLaw (Kar) 118Master Arya Selvakumar Priya & ANR And Joint Secretary (PSP) and Chief Passport officer & others. 2023 LiveLaw (Kar) 119Renuka Manghnani And State of Karnataka. 2023 LiveLaw (Kar) 120M/s S P Metals Versus Assistant Commissioner Of Commercial Taxes. 2023 LiveLaw (kar) 121Judgments/OrdersMortgage Security Acquired: Karnataka High Court Applies Doctrine Of Substituted Security, Orders Compensation Deposit Until Adjudication Of Rights Case Title: M/s D C B Bank Limited And The Assistant CommissionerCase No: WRIT PETITION NO. 18206 OF 2022Citation: 2023 LiveLaw (Kar) 111The Karnataka High Court has said that a mortgagee (secured creditor/Bank) gets rights over the compensation amount to be disbursed when the property which is mortgaged with it is acquired by the state government, as per Section 73 of the Transfer of Property Act.A single judge bench of Justice Krishna S Dixit allowed a petition filed by M/s D C B Bank Limited and directed Special Land Acquisition Officer (SLAO) to refer the claim of Petitioner – Bank forthwith to the Court of I Additional District Judge, Chitradurga, with all necessary papers, with intimation to the Petitioner. The Court after notice to all the stakeholders, shall adjudge the claim of Petitioner-Bank, within an outer limit of one year.‘A Case And A Counter Case Have To Be Tried Together’: Karnataka High Court Allows Transfer Of Criminal Proceedings To Single Court Case Title: Dr Sanjeev Kumar Hiremath And State of Karnataka Case No: CRIMINAL PETITION NO. 2459 OF 2022Citation: 2023 LiveLaw (Kar) 112The Karnataka High Court has reiterated that a case and a counter case have to be tried together by the same court irrespective of the nature of offences involved, to avoid conflicting judgments over the same incident.A single judge bench of Justice Mohammad Nawaz allowed the petition filed by one Dr Sanjeev Kumar Hiremath and transferred the case filed by him pending before the Magistrate court in Bengaluru under sections 341, 324, 504 and 506 to the Special Session court where the offence registered by the accused against Hiremath under SC/ST (Prevention of Atrocities) Act,1989 is also pending.Pay MBBS Fees As Per NRI Quota To Get Exit Permit: Karnataka High Court To US-Born Student Who Pursued Medical Under Govt Quota Case Title: Dr Bhanu C Ramachandran And Union of IndiaCase No: WRIT PETITION No.24609 of 2021Citation: 2023 LiveLaw (Kar) 113The Karnataka High court has directed Union of India and the Bureau of Immigration to issue exit permit to a 26-year-old USA born student who misrepresented herself as Indian Citizen and pursued MBBS course under government quota, subject to her paying fees of the MBBS course at the rate that would be charged to NRI/overseas citizen of India.A single judge bench of Justice M Nagaprasanna took a lenient view and partly allowed the petition filed by Dr. Bhanu C Ramachandran. The bench said “The petitioner has shamelessly resorted to falsehood and achieved her goals by unethical means. The petitioner is not even wanting to pursue her career in this country, having secured benefits throughout her career contending that she is an Indian.”Karnataka High Court Paves Way For De-Freezing Amnesty International's Bank Accounts, Says ED's 2018 Notice Was Valid Only For 60 Days Case Title: M/S AMNESTY INTERNATIONAL INDIA PRIVATE LIMITED And UNION OF INDIACase NO: WP 56621/2018Citation: 2023 LiveLaw (Kar) 114The Karnataka High Court recently quashed the communication issued by Enforcement Directorate (ED) in 2018 to banks, directing them to freeze accounts of NGO M/s Amnesty International (India) Private Limited, alleging violation of provisions of Foreign Exchange Management Act, 1999, (FEMA).A single judge bench of Justice K S Hemalekha said in view of Section 132 of the Income Tax Act, ED's notice was valid only for 60 days. "The impugned notices dated 25/10/2018 at Annexures-F1 and F2 have lost their efficacy by efflux of time as the period of sixty days has expired," it said.[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court Case Title: The Public Information Officer And The State Information Commissioner & othersCase No: WRIT PETITION NO.24537 OF 2018Citation: 2023 LiveLaw (Kar) 115The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner...

Karnataka High Court Weekly Round-Up: March 20 To March 26, 2023

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