Karnataka High Court Annual Digest 2024 [Part I]

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the plea filed by M/s Thakur Industries and upheld the requirement of Forest Way Pass.It observed, “It serves a laudable purpose viz., protecting the forests from the possible damage/loss by the Agencies that transport the mineral concerned.” Banks Cannot Withhold Passport Or OCI Card As Security In Lieu Of Loan Closure: Karnataka High Court Case Title: Koshy Varghese AND Union of India & Others Case No: Writ Petition No 5628 of 2022 Citation No: 2024 LiveLaw 25 The Karnataka High Court has held that banks cannot withhold the passport of an accused even if it is surrendered to it voluntarily by the accused, who is charged for the offence of cheating and criminal conspiracy. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Koshy Varghese and said, “The action of the Bank in retaining the British passport of the petitioner and the Overseas Citizen of India Card is held to be illegal.” Elections | Even Details Of Acquittal In Criminal Case Should Be Disclosed By Candidate In Nomination Form: Karnataka High Court Case Title: Mudiyappa AND Basavaraj @ Basappa & Others Case No: Writ Petition No 107291 OF 2023 Citation No: 2024 LiveLaw 26 The Karnataka High Court has held that when an election nomination form is filed by any candidate, he/she has to disclose all criminal proceedings filed against them, irrespective of whether the candidate had been acquitted or not, whether the proceedings have been quashed or not. A single judge bench of Justice Shivashankar Amarannavar said, “In other words the minor offence should essentially be a cognate offence of the major offence and not entirely a distinct and different offence constituted by altogether different ingredients.” Karnataka Co-Operative Societies Act | Right To Vote & Contest Available To Member Does Not Automatically Pass On To Legal Representative: High Court Case Title: Chinnammayya AND State of Karnataka & Others Case No: Writ Petition No 1805 OF 2024 Citation No: 2024 LiveLaw 101 The Karnataka High Court has held that a nominee or a legal representative of a member of a Co–operative Society, who is admitted as a member after the death of a member, cannot vote and contest in the election to the Board of a Co-operative Society or a general meeting, if he has not completed one year after being admitted as a member. A single judge bench of Justice S Sunil Dutt Yadav said “It is noticed that in most of the petitions filed by the property owners, the contention that is taken is that the demand notice raised as well as the show cause notice issued, are not preceded by the procedure stipulated under the Bruhat Bengaluru Mahanagara Palike Act, 2020 and accordingly, it is submitted that unless there is an inspection in their presence, the consequential notices and orders are required to be set aside.” Further it said, “In light of numerous petitions filed questioning the correctness of the procedure followed by BBMP while reopening the self-assessment returns, need has arisen to lay down the procedure that is required to be followed in cases of reopening self-assessment where returns are not filed and in cases of random scrutiny.” Mother Taking Care Of Children Does A "Whole Time Job", Can't Be Said To Be Lazying Around: Karnataka High Court Enhances Maintenance Case Title: ABC AND XYZ Case No: Writ Petition No 14094 OF 2023 Citation No: 2024 LiveLaw 106 The Karnataka High Court has observed that taking care of the children, for a mother, is a whole time job and the husband cannot deny maintenance amount on the ground that she being qualified is not willing to work and earn money and wants to live on the maintenance that the husband pays.