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

NOMINAL INDEX K T Naveen Kumar And The State of Karnataka 2022 LiveLaw (Kar) 61 Dr S Srinivasa v. Mandya University 2022 LiveLaw (Kar) 62Devendra Pai Versus The Assistant Commissioner of Income Tax 2022 LiveLaw (Kar) 63 Dr Shantha Raj T R v. The State By Sub Inspector of Police 2022 LiveLaw (Kar) 64 M/s. Prashanthi Affiliates Versus Deputy Commissioner of Commercial Taxes 2022 LiveLaw (Kar) 65 Meera Ajith v. John Doe Alias Ashok Kumar 2022 LiveLaw (Kar) 66 Thippeswamy @ Thipeshi v. State By Jagalur P.S 2022 Livelaw (Kar) 67 Kumari M. v. The State Of Karnataka 2022 Livelaw (Kar) 68 Chiranjeevi M. Kulkarni v. Karnataka State Law University 2022 LiveLaw (Kar) 69 Amol Kale v. State of Karnataka 2022 LiveLaw (Kar) 70 Darshan And State of Karnataka 2022 LiveLaw (Kar) 71 Kum. Mayavathi v State of Karnataka 2022 LiveLaw (Kar) 72 Union of India and Ors. v. M/s Bundl Technologies Pvt. Ltd. 2022 LiveLaw (Kar) 73 Judgements/reports 1. Gauri Lankesh Murder: Karnataka High Court Directs Jail Superintendent To Provide Treatment To Accused In Private Hospital Case Title: K T Naveen Kumar And The State of Karnataka Case no: Criminal Petition 10232/2021Citation: 2022 LiveLaw (Kar) 61 The Karnataka High Court has directed the Superintendent of Jail to shift and provided treatment to K T Naveen Kumar, an accused in the journalist Gauri Lankesh murder case, in a private hospital. A single judge bench of Justice K Natarajan while allowing the petition, set aside the order of Special Court dated December 31, 2021 and said, "The Superintendent of jail is directed to provide treatment to the petitioner in the Columbia Asia hospital HSR Road, Bengaluru which is situated 7.7 kms from Parappana Agrahara Jail. The petitioner is also directed to bear the entire medical expenditures which will be charged by the hospital authority. The jail Superintendent is directed to provide sufficient security forces during the treatment and shifting the petitioner to the hospital and back." 2. Karnataka High Court Directs Mandya University To Continue Guest Lecturers For Another Academic Year Until Recruitment Of Full-Time Lecturers Case Title: Dr S Srinivasa v. Mandya University Case No: WA 105/2022 Citation: 2022 LiveLaw (Kar) 62 The Karnataka High Court recently directed the Mandya University to continue the services of guest lecturers for another academic year, until the recruitment of full time lecturers as initiated by the University is completed. A Division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj while allowing an intra-court appeal filed by Dr S Srinivasa and others challenging the order of the single judge bench dated December 21, 2021, said, "The Guest Lecturers now working shall be entitled to the benefit of the Notification dated 7.10.2021 for extension of service by one more academic year until the recruitment of lecturers is completed." 3. AO Can't Take Advantage Of Assessee's Ignorance To Collect More Tax: Karnataka High Court Condones Delay Of 6 Years In Filing Revised ITR Case Title: Devendra Pai Versus The Assistant Commissioner of Income Tax Case No.: Writ Petition No. 52305/2018 (T-IT) Citation: 2022 LiveLaw (Kar) 63 A bench of Karnataka High Court consisting of Justice Sunil S.Yadav has condoned the delay of 6 years in filing revised Income Tax Return (ITR). A single judge bench of Justice Sunil S.Yadav has observed that the intention of Circular No.014 (XL-35) dated 11.04.1955 was not that tax due should not be charged or that any favour should be shown to anybody in the matter of assessment, or where investigations are called for, they should not be made. Whatever the legitimate tax it must be assessed and must be collected. The purpose of the circular is merely to emphasise that the tax officer should not take advantage of an assessee's ignorance to collect more tax out of him than is legitimately due from him. 4. SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court Case Title: Dr Shantha Raj T R v. The State By Sub Inspector of Police Case No: Criminal Petition 7980/2014Citation: 2022 LiveLaw (Kar) 64 The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. A single judge bench of Justice Krishna S Dixit said, "The offences allegedly been committed ago i.e., on 18.10.1975; complaint was filed with inordinate delay with no plausible explanation for the same. Ordinarily, the stale claims would not be entertained." 5. District Magistrate Empowered To Attach Property, Not Bruhat Bengaluru Mahanagara Palike Commissioner: Karnataka High Court Case Title: M/s. Prashanthi Affiliates Versus Deputy Commissioner of Commercial...

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

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