Karnataka High Court Weekly Roundup [March 6 - March 12, 2023]

Basavanand Swamigalu And State of Karnataka. 2023 LiveLaw (Kar) 94

Syed Ghouse Mohiyuddin Shah Khadri And State of Karnataka. 2023 LiveLaw (Kar) 95

ABC & others And XYZ. 2023 LiveLaw (Kar) 96

A Manju And State of Karnataka. 2023 LiveLaw (Kar) 97

Vihaan Direct Selling India Private Limited And The Assistant Director, Directorate of Enforcement. 2023 Livelaw (kar) 98

M Venkateshappa And The Karnataka Information Commission & ANR. 2023 LiveLaw (Kar) 99

Nagalinga And The Excise Commissioner in Karnataka & Others. 2023 LiveLaw (Kar) 100

Murugan T And P. Jayagovinda Bhat & ANR. 2023 LiveLaw (Kar) 101

Mallikarjun Desai Goudar And State of Karnataka & ANR. 2023 LiveLaw (Kar) 102.

KARNATAKA UNAIDED SCHOOLS MANAGEMENTS ASSOCIATION And State of Karnataka. 2023 LiveLaw (Kar) 103

Judgements/Orders

Karnataka High Court Directs Police To Register Visually Challenged Person's Complaint Under PwD Act Instead Of Relegating Him To Common Law Remedy

Case Title: Basavanand Swamigalu And State of Karnataka

Case No: WP 100082/2023

Citation: 2023 LiveLaw (Kar) 94

The Karnataka High Court has made it clear that a disabled person raising a complaint under provisions of the Right of Persons with Disabilities Act, cannot be directed to seek relief under common law remedy.

A single judge bench of S R Krishna Kumar allowed the petition filed by visually challenged Basavanand Swamigalu and set aside a communication issued by the police rejecting his complaint.

Karnataka High Court Upholds Single Judge Order Against State's Decision Permitting Only Muslim Priest To Perform Rituals At Datta Peeta

Case Title: Syed Ghouse Mohiyuddin Shah Khadri And State of Karnataka

Case No: WA 1110/2021

Citation: 2023 LiveLaw (Kar) 95

The Karnataka High Court on Monday dismissed an appeal challenging a Single Judge's order which quashed State's decision to permit only a Mujawar (Muslim Priest) to perform the rituals at the Datta Peeta - a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities.

The State had ordered that only a Mujawar appointed by Shah Khadri shall be permitted to enter the sanctum of the "Sri Guru Dattathreya Swamy Peeta" otherwise known as "Sree Gurudattathreya Bababudnaswamy Dargha" cave and to distribute 'teertha' to both Hindus and Muslims.

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Case Title: ABC & others And XYZ

Case No: CRIMINAL REVISION PETITION NO. 200071 OF 2016

Citation: 2023 LiveLaw (Kar) 96

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband.

A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay maintenance amount of Rs.6,000 per month and also pay an additional amount of Rs 5,000 for alternate accommodation to the woman.

Karnataka High Court Directs Police, Election Commission To Provide Proper Training To Officials On Procedure For FIR Registration During Polls

Case Title: A Manju And State of Karnataka

Case No: CRIMINAL PETITION NO. 10435 OF 2022

Citation: 2023 LiveLaw (Kar) 97

The Karnataka High Court has directed the Chief Election Commission, State Election Commission and the Police Department to provide proper training to the officials, who are attached to the Election flying squad, on the procedure to be followed while reporting offences pertaining to Election Code violation.

A single judge bench of Justice K Natarajan said most of the cases registered by the Police on the complaint filed by flying squad remain only as an empty formality during the election and finally in most of the cases, the Police files 'B' final report when the candidate is elected or files the charge-sheet against the losing candidate, "even though the police knowing very well that in a non-cognizable offence, the FIR cannot be registered without permission of the Magistrate.”

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

Case Title: Vihaan Direct Selling India Private Limited And The Assistant Director, Directorate of Enforcement

Case No: WRIT PETITION NO.2576 OF 2023

Citation: 2023 Livelaw (kar) 98

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka.

A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the Court seeking to quash the case registered in 2013 by the Enforcement Directorate and to declare that the search conducted under Section 17 of the Prevention of Money Laundering Act as illegal and unconstitutional.

Information Commission Bound To Hear PIO Before Imposing Penalty For Alleged Violation Of RTI Act: Karnataka High Court

Case Title: M Venkateshappa And The Karnataka Information Commission & ANR

Case No: WRIT PETITION NO. 22745 OF 2018

Citation: 2023 LiveLaw (Kar) 99

The Karnataka High Court has said if an order is passed by the Karnataka State Information Commission imposing penalty on a Public Information Officer, without considering the written explanation submitted by him or permitting him opportunity to give oral explanation, then the order is in violation of the principles of natural justice and is liable to be quashed.

A single judge bench of Justice Jyoti Mulimani allowed the petition filed by M Venkateshappa, and quashed the order of the Commission dated 18.01.2008 by which it imposed a penalty of Rs.10,000 on the petitioner.

Karnataka Excise Act | A Partner Cannot Apply For Renewal Of Licence While His Lawsuit For Dissolution Of Firm Is Pending: High Court

Case Title: Nagalinga And The Excise Commissioner in Karnataka & Others.

Case No: WRIT PETITION NO.23306 OF 2021

Citation: 2023 LiveLaw (Kar) 100

The Karnataka High Court has held that a partner who files suit seeking dissolution of the partnership firm and which is pending adjudication, cannot seek for renewal of licence under the Karnataka Excise Act, for continuance of the business.

A single judge bench of Justice Suraj Govindaraj allowed the petition filed by one Nagalinga and quashed order dated 08.12.2021 passed by the Karnataka Appellate Tribunal, by which it confirmed the order of the Excise Commission renewing the licence on an application made by respondent No.3 (Y B Ramachandra).

Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court

Case Title: Murugan T And P. Jayagovinda Bhat & ANR

Case No: MISCELLANEOUS FIRST APPEAL NO. 554 OF 2020

Citation: 2023 LiveLaw (Kar) 101

The Karnataka High Court has made it clear that even if a person was intoxicated or smelling with alcohol, the same cannot be an excuse for the driver of a bus for causing the road traffic accident and causing injuries to the injured person.

A single judge bench of Justice Dr H B Prabhakara Sastry allowed the petition filed by claimant Murugan T and set aside the order rejecting the claim petition filed by the petition and remanded the matter back to the Tribunal for consideration of the issue regarding entitlement of compensation to the claimant and quantum and from whom.

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Case Title: Mallikarjun Desai Goudar And State of Karnataka & ANR

Case No: CRIMINAL PETITION No.4761 OF 2022

Citation: 2023 LiveLaw (Kar) 102

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years.

A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by Mallikarjun Desai Goudar and quashed charges levelled under sections 376, 376(2)(n), 354, 406 and 504 of the Indian Penal Code. The court sustained the charges against him under sections 323 and 506 r/w 34 of the IPC.

No Board Exams For 5th And 8th Class Students In State Board: Karnataka High Court Quashes Govt Circulars

Case Title: KARNATAKA UNAIDED SCHOOLS MANAGEMENTS ASSOCIATION And State of Karnataka

Case No: WP 5017/2023 C/w 1699/2023, 1668/2023,

Citation: 2023 LiveLaw (Kar) 103

The Karnataka High Court on Friday quashed three circulars issued by the State government by which it prescribed a Board Examination for students of Standards 5 and 8th in schools affiliated to the state board.

A single judge bench of Justice Pradeep Singh Yerur, allowed the petitions filed by Organisation for Unaided Recognised Schools and the Registered Unaided Private Schools’ Management Association Karnataka and Karnataka Unaided Schools Management Association.