26 August to 1 September

Citations: 2024 LiveLaw (Kar) 380 to 2024 LiveLaw (Kar) 387

Nominal index:

Mahathma Gandhiji Grama Hitha Mandali AND State of Karnataka. 2024 LiveLaw (Kar) 380

Mayukh Mukherjee AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 381

Chaithanya Reddy SV AND Nayana & ANR. 2024 LiveLaw (Kar) 382

Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & others for respondents. 2024 LiveLaw (Kar) 383

Gajendra KM and others AND State of Karnataka and ANR. 2024 LiveLaw (Kar) 384

State of Karnataka AND HD Revanna. 2024 LiveLaw (Kar) 385

BASANAGOUDA R PATIL (YATNAL) AND State of Karnataka & Others. 2024 LiveLaw (Kar) 386

Mohammed Dastagir AND Telecom Regulatory Authority of India and others. 2024 LiveLaw (Kar) 387

Judgments/Decisions

Fair price shops must provide access for poor sections of the population and ensure quick and inexpensive distribution to all citizens: Karnataka HC (livelaw.in)

Case Title: Mahathma Gandhiji Grama Hitha Mandali AND State of Karnataka

Case Number: WRITTEN PETITION NO. 202758 OF 2022

Citation Number: 2024 LiveLaw (Kar) 380

The Karnataka High Court stated that the object and purpose of setting up a fair price shop is to provide easy access to fair price shops to the citizens of the country, especially since the ration card holders belong to the impoverished sections of the society and many of them live below the poverty line.

A single judge panel Judge Suraj Govindaraj has rejected a petition by Mahatma Gandhiji Grama Hitha Mandali, a fair price shop, challenging the government's decision to open another shop in the same village.

[S.306 IPC] Charges of allegedly abetting his wife's suicide cannot be dismissed after chargesheet is filed: Karnataka High Court

Case Title: Mayukh Mukherjee AND State of Karnataka & ANR

Case number: CRIMINAL COMPLAINT No. 9707 OF 2023

Citation Number: 2024 LiveLaw (Kar) 381

The Karnataka High Court has ruled that instigation of a husband to commit suicide or otherwise of his wife can only be investigated in a proper court of law after the recording of evidence.

A single judge panel Judge M. Nagaprasanna While opposing the quashing of the suicide charge against Mayukh Mukherjee, he said:There should not necessarily be a minimum amount of closeness in the life of a husband and wife. The wife cannot be driven into a corner and commit suicide spontaneously. It is a collection of torments that led to this fateful incident. It is comparable to the explosion of a dormant volcano. Whether or not a husband instigated his wife's suicide can only be clarified in a proper legal process.”

Father has to pay school fees for child, apart from interim maintenance, especially when his wife is unemployed at his insistence: Karnataka HC

Case Title: Chaithanya Reddy SV AND Nayana & ANR

Case number: CRIMINAL COMPLAINT NO. 4463 OF 2024

Citation Number: 2024 LiveLaw (Kar) 382

The Karnataka High Court has held that payment of school fees for a child by a father does not mean that he is exempt from paying maintenance to his child just because he lives separately from his mother.

A single-judge bench headed by Justice M. Nagaprasanna dismissed a husband's plea challenging a court order requiring him to pay Rs 5,000 each to his wife and child as interim maintenance.

Person with LMV driving license is allowed to drive tractor because the empty weight is less than 7500 kg; insurance company must compensate in case of accident: Karnataka HC

Case Title: Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & Others for the Defendants.

Case Number: MISCL. FIRST APPEAL NO. 200721 ​​OF 2019 (MV-D) C/W MISCL. FIRST APPEAL NO. 200722 OF 2019 (MV-D) MISCL. FIRST APPEAL NO. 200038 OF 2020 (MV-D) MISCL. FIRST APPEAL NO. 200039 OF 2020

Citation Number: 2024 LiveLaw (Kar) 383

The Karnataka High Court has ruled that a person with a light vehicle licence can drive a tractor provided that the unladen weight does not exceed 7,500 kg. It also states that the insurance company is liable to pay compensation to the plaintiff if the driver of the tractor causes an accident.

A single judge panel Judge K Natarajan This judgment dismissed the appeal filed by the Branch Manager of M/s United India Insurance Co Ltd. The Branch Manager had challenged the decision of the Motor Accidents Claim Tribunal questioning the allocation of liability and the amount of compensation awarded to the plaintiffs.

Karnataka High Court says the same investigating officer must investigate cross-border cases registered by parties to the same incident

Case Title: Gajendra KM & Others AND State of Karnataka & ANR

Case number: CRIMINAL COMPLAINT NO. 6248 OF 2024

Citation Number: 2024 LiveLaw (Kar) 384

The Karnataka High Court has directed the state government to ensure that an investigating officer investigates all cases filed against each other by parties to the same incident.

A single-judge bench of Justice M. Nagaprasanna directed the registry to send its order to the Home Ministry, Deputy General of Police and Law Minister, suggesting that the Karnataka Police Manual be amended and a circular be issued clearly mentioning that any violation by different investigating officers investigating a case and a counter case may be subject to departmental action.

Karnataka High Court refuses to cancel HD Revanna's bail in kidnapping case

Case Title: State of Karnataka AND HD Revanna

Case number: CRL.P 4914/2024

Quote: 2024 LiveLaw (Kar) 385

The High Court of Karnataka has rejected the Special Investigation Team (SIT) plea to cancel the bail of Janata Dal (Secular) leader HD Revanna, who is accused of kidnapping a woman.

A single judge panel Judge M. Nagaprasanna had obtained the order on August 1 after hearing the parties. Revanna was released on bail by the special court on May 13.

The Supreme Court today also granted bail to Satish Babanna and other co-accused in the case. A copy of the detailed judgment is awaited.

Karnataka High Court dismisses pleas against state government's decision to withdraw consent for CBI probe against DK Shivakumar

Case Title: BASANAGOUDA R PATIL (YATNAL) AND State of Karnataka and others

Case number: WP 27220/2023 c/w WP 670/2024.

Quote: 2024 LiveLaw (Kar) 386

The Karnataka High Court has dismissed petitions filed by CBI and BJP MP Basangouda Patil Yatnal challenging the state government's decision to withdraw its consent to a CBI inquiry into the corruption allegations against Congress MP and Deputy Chief Minister DK Shivakumar.

A bench of Justice K. Somashekhar and Justice Umesh M. Adiga had on August 12 deferred its decision on petitions filed by the Central Bureau of Investigation and BJP MP Basangouda Patil Yatnal challenging the state government's decision to withdraw its consent to a CBI probe into the corruption allegations against Congress MP and Karnataka Deputy Chief Minister DK Shivakumar.

Karnataka High Court dismisses TRAI's plea against spam calls and fraudulent practices of telemarketers

Case Title: Mohammed Dastagir AND the Telecom Regulatory Authority of India and others

Case Number: WRITTEN PETITION NO. 45162 OF 2019

Citation Number: 2024 LiveLaw (Kar) 387

The Karnataka High Court has dismissed a petition filed by one Mohammed Dastagir. In the petition, the court asked the Telecom Regulatory Authority of India (TRAI) to take urgent steps to stop telemarketing companies from creating fake records and including the names of telecom customers in the list of numbers to which they make nuisance calls and to impose strict penalties for such fraudulent practices.

A single judge panel Judge MGS Kamal The petition was dismissed and the applicant was allowed to approach the relevant forum for a decision on his grievances.