Karnataka High Court : 2019 Highlights

Karnataka High Court on Friday said that it will go into the legality of order passed under section 144, by the Police Commmssioner, on December 18, thereby banning all public rallies, which were to be held on December 19, against the Citizenship Amendment Act, in Bengaluru.

WP 52731/2019 20/12/2019 W.P.No.52731/2019,W.P. No.52768/2019,W.P.No.52718/2019 &W.P. No.52738/2019

December 20, 2019.

2: Word Soon Before Death In Section 304B IPC Cannot Be Interpreted As Immediately Prior To Death.

Karnataka High Court has held that the 'word' used under Section 304B of IPC, though it is used soon before the death', cannot interpreted as prior to the death immediately, even it has to be taken into consideration depending upon the facts and circumstances of each case and the entire statement of the witnesses and charge sheet material has to be looked into in this behalf.

CRIMINAL REVISION PETITION NO.88/2019, 1. Harish T.R. S/o late Rangaswamy Vs The State of Karnataka. November 18, 2019.

3: Karnataka Hc Grants Permission For Constructing Hc Annexe Building Inside Cubbon Park Without Cutting Trees.

The Karnataka High Court has granted permission to the Registrar General to construct an annexe building inside Cubbon Park area, after a revised plan submitted prevents cutting of 17 trees or shifting of road.

WRIT PETITION No.42354 of 2014(GM-RES)BETWEEN : THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, BANGALORE – And State Of KarnatakaOctober 17, 2019.

4: Act Of Registry Not An Act Of Court.

Karnataka High Court has said "Act of Registry (of court) is not an act of the court and therefore the immunity otherwise available to the court as such does not protect the Registry."

SRI. S.R.VENKATESH BABU, SON OF LATE S.V.RAJAIAH,

AND:1. THE REGISTRAR, CITY CIVIL COURT, CITY CIVIL COURT COMPOUND, K.G. ROAD, BENGALURU.

October 10, 2019.

5: Father Not Bound To Pay Monthly Maintenance To Daughter Who Is Gainfully Employed.

The Karnataka High Court had said a father is not bound to pay monthly maintenance amount to his daughter, who is gainfully employed.

SADASHIVANANDA S/O KASHAPPA DANDIN, A N D :KUMARI. PADMINI. September 12, 2019

6: Learners License Valid And Motorcyclist Holding The Same Need Not Be Accompanied By An Instructor.

Learners license issued by a competent authority is a valid license and a rider or learner need not accompany any instructor for a motorcycle, as is required in case of a car, the Karnataka High Court held, while rejecting the plea filed by Insurance company challenging claim awarded by Motor Accident Tribunal to the family of a deceased woman.

MISCELLANEOUS FIRST APPEAL NO.20655/2011 (MV)

THE SENIOR DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD.And SHRI JYOTIBA APPAJI SHIGATE, August 21, 2019.

7: Temple Is Not A Commercial Establishment: Employees Entitled To Gratuity Under Special Law Not GeneralAct.

The Karnataka High Court has held that a temple employee in the state will be entitled to gratuity benefits under the Karnataka Hindu Religious Institutions and Charitable Endowment Act, which is a special law enacted in the state and not under the Payments of Gratuity Act, which is a general law.

WRIT APPEAL NO.1756 OF 2015 [L-PG]SHRI MOOKAMBIKA TEMPLE, KOLLUR, And MR. RAVIRAJA SHETTY,August 1, 2019.

8: Good And Safe Roads Are Fundamental Right Of Citizens.

The Karnataka High Court on Wednesday ruled that bad condition of roads and footpaths, having potholes on roads, is a violation of Fundamental Rights of Citizens, guaranteed under Article 21, of the Constitution of India. If a citizen suffers any injury or loss of life, they can seek compensation from the Bruhat Bengaluru Mahanagara Palike (BBMP), as it is their statutory and constitutional duty to maintain roads and footpaths.

WP Vijayan Menon And Bruhat Bengaluru Mahanagara Palike & others

9: Only Secured Creditor Can Initiate Action Against The Borrower Under SARFAESI Act.

The Karnataka High Court has held that only the secured creditor, and no other person or entity, can initiate action against the borrower under the Secularization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI).

WRIT PETITION NO.22137 OF 2019TRISHUL DEVELOPERS,And L & T HOUSING FINANCE LIMITED,June 27, 2019.

10: Section 195A IPC Is Not Restricted ToThreatening Of Witnesses Only By The Accused.

The Karnataka High Court, interpreting provisions of 195 A of the Indian Penal Code observed the said provision is not restricted that threatening only by the accused.

CRIMINAL APPEAL NO.100046/2019

GURUNATHAGOUDA S/O NINGANAGOUDA GOUDAR And THE STATE OF KARNATAKAMarch 1, 2019.

11: RTI Can't Be Invoked When Information Can Be Accessed Through Another Statutory Mechanism.

The Karnataka High Court recently held that, the provisions of the Right To Information Act cannot be resorted to, when any information can be accessed through the mechanism provided under another statute.

W.P.No.26763 OF 2013 (GM-RES)C/W.W.P.No.26762 OF 2013 (GM-RES)

State Public Information Officer And Karnataka Information Commission.

January 9, 2019.

12: AOR After Retirement Cannot Become Agent Of The Party.

Karnataka High court has held that the counsel on record after retiring from the case with the leave of the Court cannot become an agent of the party for prosecuting the suit proceedings.

WRIT PETITION NO.9033/2018C/W WRIT PETITON NO.9034/2018 C/W WRIT PETITION NO.57934/2018 (GM – CPC)

A Ashraf Ali And SMT B S SUSHEELA DEVI November 20, 2019.

13: Gravity Of Offence Not Decisive Ground To Deny Bail. Karnataka High Court while granting bail to an accused charged of kidnapping and rape of a minor girl, who later committed suicide, said"Gravity alone cannot be a decisive ground to deny bail, rather competing factors are to be balanced by the court while exercising its jurisdiction.

CRIMINAL PETITION NO. 101779/2019SANTOSH S/O KRISHNAPPA DANAKANAKERI,And STATE OF KARNATAKA November 4, 2019.

14: Karnataka High Court Directs Air IndiaTo Pay Rs 20 Lakh Compensation For Not Providing Wheel Chair To Physically Disabled Doctor.

Karnataka High Court has directed Air India, to pay Rs 20 Lakh compensation to a physically disabled doctor, and her aged mother who had to suffer immense mental trauma and physical suffering as the Airline delayed giving her wheel chair, at the Heathrow Airport, London, while on a holiday to Europe. Justice B Veerappa while directing the Airline to pay RS 10 lakh each to Dr S J Rajalkshmi and her 63-year-old mother Dr S Shobha said "Taking into consideration the violation of Articles 14 and 21 of the Constitution of India, violation of the provisions of the Aircraft Act and Rules, and Section 44 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, this court is of the opinion that the petitioners are entitled to 20,00,000 as Compensation/ damages."

WRIT PETITION No.2432/2017 & WRIT PETITION Nos.6232-6234/2017(GM-RES)

DR. S. J. RAJALAKSHMI, DR. S. SHOBHA And THE MANAGER, CUSTOMER SERVICES, AIR INDIA LIMITED,September 25, 2019.

15: FIR For FB Troll: Karnataka HC Orders Action Against Magistrate Who Remanded Accused In Violation Of SC Guidelines. Observing that this is a classic case of blatant violation of Fundamental rights by the police, the Karnataka High Court quashed the First Information Reports registered against admin of a Facebook page Troll Maga. The court also directed the government to pay a cost of RS 1 lakh to the petitioner S Jayakant, within one month and ordered departmental action against the Magistrate who remanded the accused in violate of Supreme Court guidelines in Arnesh Kumar case.

CRIMINAL PETITION No.4306 OF 2019SRI. JAIKANTH S.And State Of Karnataka.

October 11.

16: Rape Victim Not Entitled To Compensation If She Turned Hostile In TheTrial.

The Karnataka High court has dismissed a petition filled by a rape victim seeking compensation under the victim compensation scheme, as she turned hostile during the trial and the accused was acquitted.

WRIT PETITION NO.24462 OF 2019 (GM-RES)

XXXAnd THE MEMBER SECRETARY KARNATAKA STATE LEGAL SERVICES AUTHORITY

September 16, 2019.

17: Karnataka High Court Dismisses DK Shivakumars Plea For Quashing ED Summons In Alleged Money Laundering Case.

The Karnataka High Court on Thursday dismissed a petition filed by Congress party leader in the state, DK Shivakumar and four others, seeking to quash the summons issued to them by the Enforcement Directorate in an alleged case of money laundering, under the Prevention of Money Laundering Act.

W.P.NOs.5408/2019, 5420-5423/2019,5824/2019 &6210/2019(GM-RES)

Sachin Narayan And Income Tax Department, Enforcement Directorate.

August 29, 2019.

18: Section 5 Limitation Act Not Applicable To Delay In Filing Appeal Under RFCTLARR Act

The High Court of Karnataka has ruled that Section 5 of the Limitation Act cannot be invoked to condone delay in filing appeal against an award under the Right To Fair Compensation and Transparency In Land Acquisition, Rehabilitation and Resettlement Act 2013.

Miscellaneous First Appeal No 3806/2019

The Deputy Commissioner And Special Land Acquisition Officer

And

M/s S V Global Mill Limited.

Decided on: September 25, 2019.

19: Online Sale of Liquor Cannot Be Allowed In The Absence Of Enabling Provisions In The Excise Act:

Karnataka High Court has held that online sale of liqour cannot be allowed in the absence of enabling provisions under the Karnataka Excise Act to grant such licenses or permissions.

Writ Petition No: 6448/2019

Hip Bar Private Limited

And

The State Of Karnataka Through The Commissioner Excise Department.

September 13, 2019.

20: Karnataka HC Defers Hearing Of Plea Against J&K Communication Blockade Citing Pendency Of Similar Case in SC:

The Karnataka High Court on Fridaydeferred adjudication on a plea filed a Kashmiri student challenging communication blockade in Jammu and Kashmir, taking note of the fact that the petition filed by journalist Anuradha Bhasin in the Supreme Court substantially covers the larger issue of communication black out.

Writ Petition No: 36731/2019

Syed Peerzada Suheel Ahmad

And Union Of India and others

September 13, 2019.

21: Former Vice Chairman Of BCCI and Three Other Including Principal Of Law College To Face Trial Under Corruption Act.

Principal of M/s Sarvodaya Law college, and three others, including a former Vice Chairman, Bar Council of India, will have to face trial before a special court on charges of corruption under the Prevention of Corruption Act. The Karnataka High Court, dismissed the petitions filed by three accused challenging the same.

Criminal Revision Petition no 831/2013

A M R Veeraiah

K Narsimhappa

And

Central Bureau Of Investigation

August 30, 2019.

22: Karnataka HC Rejects Plea To Regulate Contents In Online Platforms Like Youtube, Netflix etc.

The Karnataka High Court on Wednesday, refused to regulate online content being aired on internet platforms like YouTube, Amazon Prime, Netflix, under the Cinematography Act.

WRIT PETITION NO.6050 OF 2019 (C) PIL

MR. PADMANABH SHANKAR,

And

UNION OF INDIA,

REPRESENTED BY ITS SECRETARY,

MINISTRY OF INFORMATION & BROADCASTING

Dated: August 7, 2019.

23: Disqualification Of Directors Under Section 164 (2) (a) Companies Act 2013, For Default Before April 1, 2014 IsIlegal.

Disposing of a batch of nearly three hundred writ petitions, the High Court of Karnataka has declared that period prior to April 1, 2014 cannot be taken into consideration for disqualification under Section 164(2)(a) of the Companies Act.

Writ Petiton no: 52911/2017

Yashodhra Shroff

And

Union of India

Registrar of Companies.

June 12, 2019.

24: Imposing High Cash Security As Bail Condition Amounts To Virtual Denial Of Bail.

Insistence on high cash security as condition for bail would amount to discrimination and denial of bail itself, observed the High Court of Karnataka, Dharwad Bench.

Criminal Petition No:100489/2018

RAJSHEKHAR S/O. SANGAPPA NOOLVI

And

The State Of Karnataka.

25 : Investigation of Non-Cognizable Offences: Karnataka HC Issues Directions:

Karnataka HC has issued guidelines to be followed by Judicial Magistrates as to how they have to approach and pass orders when requisition is submitted by the SHO of police station seeking permission to investigate non-cognizable offences.

Criminal Petition no: 101997/2019

Vaggeppa Gurulinga Jangaligi

And

The State Of Karnataka,

December 10, 2019.