#highcourtofkarnataka

[seemabhatnagar]

"Unveiling Legal Battles: When Marital Discord Meets Professional Integrity"

Case Spotlight: Dr. X vs. Karnataka Medical Council & Another Case Number: WP 4617/2024 Court: High Court of Karnataka Presiding Judge: Hon’ble Mr. Justice M. Nagaprasanna J Judgment Date: June 4, 2024 Fact In a compelling legal case, Dr. X, a distinguished hashtag#medicalprofessional, petitioned against the Karnataka Medical Council (KMC), intertwining her personal life with professional scrutiny. Dr. X, married to Respondent Y since 1998, faced marital challenges after Y was diagnosed with a hashtag#porencephaliccyst in 2004. This condition, however, did not impede Y, a renowned Nephrologist, from maintaining a hashtag#flawlessprofessionalrecord over 26 years, treating hundreds of patients daily without any complaints. Amidst their ongoing divorce proceedings, Dr. X sought the intervention of the KMC to appoint an expert committee to examine Y, aiming to question his professional competence. Her requests were repeatedly denied by the KMC, leading her to take the matter to the High Court in 2022. Petitioner’s Argument: Dr. X argued that an expert examination of Y was crucial to address his complex medical condition. Respondent’s Defense: The KMC and Y’s legal counsel contended that: The issue was raised only after marital discord surfaced in 2016, despite the diagnosis being known since 2004. Y’s exemplary professional track record had no patient complaints, signifying no professional incapacity. Involving KMC in a personal dispute was an abuse of legal process. Court’s Observation: The court noted that the absence of any professional complaints over two decades undermined the petitioner’s claims. The case appeared to be more about personal grievances than genuine professional concerns. Verdict: The High Court dismissed the writ petition, reinforcing the separation of personal disputes from professional evaluations. This case underscores the delicate balance between personal and professional realms, emphasizing the importance of maintaining integrity and objectivity in legal proceedings.

[livesanskrit]

Send from Sansgreet Android App. Sanskrit greetings app from team @livesanskrit .

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M. N. Venkatachaliah.

Manepalli Narayana Rao Venkatachaliah (born 25 October 1929) was the 25th Chief Justice of India. He served as Chief Justice from 1993 to 1994. He currently serves as the Chancellor of Sri Sathya Sai Institute of Higher Learning (Deemed University), a Modern Gurukula, a place where the teacher-student interaction occurs in the backdrop of the process of Integral Education that includes the five dimensions of: Intellectual, Cultural, Physical, Service and Devotional. and on the Advisory Board of Foundation for Restoration of National Values, a society established in 2008 that strives to restore National and Cultural Values of India.

#sansgreet #sanskritgreetings #greetingsinsanskrit #sanskritquotes #sanskritthoughts #emergingsanskrit #sanskrittrends #trendsinsanskrit #livesanskrit #sanskritlanguage #sanskritlove #sanskritdailyquotes #sanskritdailythoughts #sanskrit #resanskrit #celebratingsanskrit #mnvenkatachaliah #chiefjusticeofindia #chiefjustice #srisathyasaiinstituteofhigherlearning #gurukula #universityofmysore #bangaloreuniversity #highcourtofkarnataka #karnataka #kannada #supremecourtofindia #october25 #nationalhumanrightscommission #padmabhushan

[yogesa]

#RedBuilding #HighCourtOfKarnataka #Bengaluru #nofilter #noedits #architecture #mobile_photography #phoneographic #phonography #withgalaxy #Shotonphone #building (at Karnataka High Court) https://www.instagram.com/p/CG_rbClgJjA/?igshid=1nh0tj2yio005

[vinaykumarvnayak]

https://youtu.be/sORoJeilVSg ಹೈ ಕೋರ್ಟ್ ಆವರಣದಲ್ಲಿ ಆಡಿ ಗಾಡಿ ಮಠಾಶ್ ಏಕೆ ? Why Audi, Tata, Honda damaged at High Court of Karnataka. https://youtu.be/sORoJeilVSg #AudiCar #HighCourtOfKarnataka #TreeFell #Accident https://youtu.be/sORoJeilVSg https://www.instagram.com/p/CF-FdsCHPVt/?igshid=7mskjoxtgcaz

[melanielsln-blog]

🇮🇳 . . . . . #highcourtofkarnataka #rikshaw #tuktuk #cubbonpark #solotraveler #india (à High court) https://www.instagram.com/p/Bo1hBvtH6pf/?utm_source=ig_tumblr_share&igshid=7cqwh85akcqq

[seemabhatnagar]

“The Deceptive Knot: When Wedding Bells Turn to Echoes”

Raju Krishna Shedbalkar v. The State of Karnataka & Another,

Criminal Appeal 577/2024,

Before Supreme Court of India

Order

Apex Court allowed the appeal on 02.02.2024 and set aside the order of the High Court to the extent it has refrained from quashing the proceedings under Section 417 IPC against the present appellant.

Apex Court held that High Court’s reasoning for upholding the proceedings under Section 417against the present appellant is patently incorrect.

According to the High Court as the father of the informant was induced by the appellant to book a marriage hall therefore, there is prima facie material which makes out a case under Section 417 IPC.

Background

The appellant had challenged the order passed by the High Court of Karnataka on 12.07.2021 by which his 482 petition was only partly allowed.

High Court has quashed the proceedings regarding offences under Sections 406/420/417 IPC with regard to the co-accused. With regard to the present appellant section406/420IPC was quashed but the criminal proceedings U/s 417 IPC was not quashed.

Aggrieved appellant filed Criminal Appeal before the Apex Court.

Facts

Informant Ms. Sushmita (Respondent no.2 in this Appeal) had lodged her FIR at Malamaruti Police Station, Karnataka under Sections 406/420/417 read with Section 34 IPC against present appellant, mother, brothers & sisters.

The FIR, primarily related to offence of cheating and criminal breach of trust.

It was stated in the FIR that the informant is M. Tech. graduate and was working as a lecturer.

Her elders were searching a suitable bridegroom for her which they found in the present appellant.

The appellant and the informant were thereafter talking to each other on phone and her father had also given Rs.75,000/- in advance for the marriage hall, but this marriage never took place as she learnt from a newspaper report that the appellant has in fact married someone else!

Observation of the High court

406 IPC – Criminal Breach of Trust

To constitute an offence punishable under Section 406 of IPC, there must be criminal breach of trust as defined under Section 405 of IPC.

To constitute criminal breach of trust, there must be entrustment of the property or domain over the property or there must be dishonest misappropriation of such property.

Fact of the Case

A sum of Rs.15,000/- was paid to accused No.1 for purchase of clothes and spent Rs.75,000/- for booking the marriage hall, the ingredients of Section 405 of IPC is not attracted.

It cannot be said that there was entrustment of property and· there is dishonest, misappropriation of the same. Therefore, the offence under Section 406 of IPC is not made out.

420 IPC – Cheating and Dishonestly inducing Delivery of Property

To constitute the offence punishable under Section 420 of IPC, there must be cheating dishonestly by inducing the person to deliver any property or to make alter or destroy the whole or any part of valuable security etc.

Fact of the Case

On perusal of the first information in detail, it is revealed that even these requirements to constitute the offence punishable under Section 420 of IPC is not made out.

417 IPC – Punishment for cheating

Facts of case

Accused No. l (Present appellant) was having intention to deceive the informant, received the money for purchase of clothes and also got booked the marriage hall.

Prima facie it constitutes the offence under Section 415 of IPC punishable under Section 417 of IPC.

I do not find any reason to reject this contention ignoring the specific averments made in the first information.

Observation of the Supreme Court

Prerequisites to constitute the offence of cheating

. By no stretch of imagination, this is even reflected from the complaint made by the informant.

There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end.

It may in a given case involve cheating; it is possible theoretically yet in order to prove an offence of cheating in such cases prosecution must have reliable and trustworthy evidence in order to first prosecute such a case.

There is no such evidence before the prosecution and therefore no offence under Section 417 is also made out.

Where a person fraudulently or dishonestly deceives another in inducing that person to deliver any property to any person etc.

If somebody is deceived to do an act which causes damage or harm to that person “in body, mind, or reputation or property is said to have cheated.

Seema Bhatnagar

[seemabhatnagar]

When doubt emanates in the chain of circumstances, the benefit accrues to the accused, and not the prosecution.

This is a case of murder where prosecution story is appellant had the strong motive to kill the deceased as the deceased had illicit relationship with his sister. It means that the two family ie deceased’s family & the appellant’s must have strong animosity amongst them. Whereas this fact was nullified by the wife of the deceased as she said appellant and her family had cordial relationship. Further deceased went missing for 2-3 days but no complaint was filed either by the wife of the deceased or by the brother of the deceased. This also creates doubt. There was no forensic examination of the blood found on the body of the deceased. Another story is it was another accused who took deceased from his home where as deceased’s wife said it was appellant who took deceased with him, contradiction in the version also creates doubt. Hence, it would be perilous to sustain the conviction of the appellant on such evidence, where the chain is clearly incomplete & the presumption of innocence is in favour of the accused.

The Division Bench of the Hon’ble Mr. Justice Vikram Nath J & Hon’ble Mr. Justice Ahsanuddin Amanullah J allowed the Criminal Appeal as there was no definite evidence of last seen of the deceased, there was a long time-gap between the alleged last seen of the deceased and the recovery of his body, and in the absence of other corroborative pieces of evidence, it cannot be said that the chain of circumstances is complete and the only inference that could be drawn is the guilt of the appellant.

R Sreenevasa v. State of Karnataka

Before Supreme Court of India

Crl. Appeal 859/2011, allowed on 06.09.2023

Background

The appellant was a co-accused along with one other accused.

Upon trial, both were acquitted.

However, State felt aggrieved and appealed before the High Court of Karnataka & the Hon’ble Court reversed the judgement of the trial Court and convicted present appellant under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment.

Prosecution story

According to the complainant an unidentified body was found in his field later it was identified as one of Krishnappa.

The allegation is that present appellant and another accused killed Krishnappa as he was having illicit relationship with the sister of the present Appellant.

It is also alleged that the accused persons tried to destroy the evidence by setting dead body on fire by pouring petrol.

Trial Court’s order

Prosecution failed to prove that deceased was last seen in the company of the appellant and had also failed to prove extra judicial confession of the appellant, hence, acquitted the appellant for the charge under Section 302IPC RW Section 34 IPC.

Submission of the Counsel of the Appellant

In the charge framed by the Trial Court, it was clearly mentioned that it was other accused A2 who had come to the house of the deceased two days prior to the incident and taken him away on the pretext that the appellant’s father wanted to meet him whereas during deposition, Prosecution Witness 3 and Prosecution Witness 8 have stated that it was the appellant who had come and taken the deceased with him.

This very basic aspect which completely changes the theory of last seen cannot result in conviction of the appellant as that is the sole ground for reversal of acquittal by the High Court.

There was no forensic examination conducted to prove that the blood belonged to the deceased.

The theory of the Prosecution Witness that appellant bought petrol for setting the dead body on fire is also not proved as the witness turned hostile & this is enough to entitle the appellant benefit of doubt.

The deceased’s wife stated in her evidence that there was cordial relationship between the appellant and family of the deceased thus, the theory of strong animosity is also stands negated.

The deceased’s wife admitted during deposition that even when the deceased did not return for two-three days, she had not made any complaint and a very vague reason for such conduct is given saying that even in the past he (the deceased) used to go away for two-three days.

Submission of the Respondent State

There was a strong motive for the appellant to kill the deceased.

Observation of the Apex Court

Allegation was that the other accused took the deceased from his house. Whereas during deposition deceased’s wife & brother stated that it was appellant who had taken away is enough to raise doubts with regard to the veracity and authenticity of such statements.

The fact that there was strong animosity between the deceased and the appellant, appears to be highly improbable, as when there was strong animosity between them than why deceased would go late at night with the appellant.

The doubt as to the appellant’s involvement attain more credence when it is taken into consideration that the deceased being missing for more than two days, yet neither his wife nor his brother reported the deceased as missing.

The deceased’s wife has testified that relations between the parties were cordial, and has not hinted at animosity.

The very fact whether the deceased had in fact gone with the appellant, after which his dead body was found had not been proved, as is the requirement in law.

Order

Appeal is allowed. conviction and sentence passed by the High Court is set aside.

[seemabhatnagar]

It is Duty of a man to maintain his wife and children

It is the duty of an able-bodied man to maintain his wife and children and if he fails to do so Law will take its own Course.

Ananth Kumar KG v. Yogitha S Writ Petition 12802 of 2023, Before Karnataka High Court Writ Petition was dismissed by Hon’ble Mr. Justice Krishna S Dixit on 04.08.2023

This is a Writ Petition filed by the husband aggrieved by the award of payment of monthly maintenance @Rs.10,000/- by the Principal Judge, Family Court Shivamogga in favor of the wife and minor son.

Argument of the Petitioner’s Counsel

Petitioner is not capable of making the payment of the said sum periodically; the respondent-wife is gainfully employed and therefore she does not need any maintenance.

The amount is in excess.

Observation of the Court

Respondent, was not shown to have means of livelihood for herself and for the child. It hardly needs to be reiterated that law, religion and justice require an able-bodied man to look after his dependent family.

The Parliament has enacted several legislations namely Sec.125 of Cr.P.C. 1973, Protection of Women from Domestic Violence Act, 2005, Sec.24 of the Hindu Marriage Act, 1955, etc so that able bodied man may not run away from his responsibility.

Absolutely no plausible explanation was given by the petitioner’s Counsel to the question of the Court as to why all these years petitioner has not made any payment towards the maintenance of minor son.

The submission that the award of Rs.10,000/- per month is far in excess of what is required is outrightly rejected, regard being had to costly days of life and that the respondent has to hold souls & bodies of herself and the growing child.

The Court outrightly rejected the submission of the petitioner that he is suffering from diabetes and related ailments as such unable to pay maintenance.

A large section of people all over the world suffer from such ailments and with the advancement medical science, all that is manageable.

Decision The Petition being devoid of merit was rejected in limine.   Seema Bhatnagar

[livesanskrit]

Send from Sansgreet Android App. Sanskrit greetings app from team @livesanskrit .

It's the first Android app for sending @sanskrit greetings. Download app from https://livesanskrit.com/sansgreet

M. N. Venkatachaliah.

Manepalli Narayana Rao Venkatachaliah (born 25 October 1929) was the 25th Chief Justice of India. He served as Chief Justice from 1993 to 1994. He currently serves as the Chancellor of Sri Sathya Sai Institute of Higher Learning (Deemed University), a Modern Gurukula, a place where the teacher-student interaction occurs in the backdrop of the process of Integral Education that includes the five dimensions of: Intellectual, Cultural, Physical, Service and Devotional. and on the Advisory Board of Foundation for Restoration of National Values, a society established in 2008 that strives to restore National and Cultural Values of India.

#sansgreet #sanskritgreetings #greetingsinsanskrit #sanskritquotes #sanskritthoughts #emergingsanskrit #sanskrittrends #trendsinsanskrit #livesanskrit #sanskritlanguage #sanskritlove #sanskritdailyquotes #sanskritdailythoughts #sanskrit #resanskrit #celebratingsanskrit #mnvenkatachaliah #chiefjusticeofindia #chiefjustice #srisathyasaiinstituteofhigherlearning #gurukula #universityofmysore #bangaloreuniversity #highcourtofkarnataka #karnataka #kannada #supremecourtofindia #october25 #nationalhumanrightscommission #padmabhushan

[vinaykumarvnayak]

https://youtu.be/sORoJeilVSg ಹೈ ಕೋರ್ಟ್ ಆವರಣದಲ್ಲಿ ಆಡಿ ಗಾಡಿ ಮಠಾಶ್ ಏಕೆ ? Why Audi, Tata, Honda damaged at High Court of Karnataka. https://youtu.be/sORoJeilVSg #AudiCar #HighCourtOfKarnataka #TreeFell #Accident https://youtu.be/sORoJeilVSg https://www.instagram.com/p/CF-FBLwHLb8/?igshid=1xigzcb3rergd

[livesanskrit]

Send from Sansgreet Android App. Sanskrit greetings app from team @livesanskrit . It's the first Android app for sending @sanskrit greetings. Download app from https://livesanskrit.com/sansgreet M. N. Venkatachaliah. Manepalli Narayana Rao Venkatachaliah (born 25 October 1929) was the 25th Chief Justice of India. He served as Chief Justice from 1993 to 1994. He currently serves as the Chancellor of Sri Sathya Sai Institute of Higher Learning (Deemed University), a Modern Gurukula, a place where the teacher-student interaction occurs in the backdrop of the process of Integral Education that includes the five dimensions of: Intellectual, Cultural, Physical, Service and Devotional. and on the Advisory Board of Foundation for Restoration of National Values, a society established in 2008 that strives to restore National and Cultural Values of India. #sansgreet #sanskritgreetings #greetingsinsanskrit #sanskritquotes #sanskritthoughts #emergingsanskrit #sanskrittrends #trendsinsanskrit #livesanskrit #sanskritlanguage #sanskritlove #sanskritdailyquotes #sanskritdailythoughts #sanskrit #resanskrit #celebratingsanskrit #mnvenkatachaliah #chiefjusticeofindia #chiefjustice #srisathyasaiinstituteofhigherlearning #gurukula #universityofmysore #bangaloreuniversity #highcourtofkarnataka #karnataka #kannada #supremecourtofindia #october25 #nationalhumanrightscommission #padmabhushan https://www.instagram.com/p/CkGmyKwPMN9/?igshid=NGJjMDIxMWI=

[livesanskrit]

Send from Sansgreet Android App. Sanskrit greetings app from team @livesanskrit . It's the first Android app for sending @sanskrit greetings. Download app from https://livesanskrit.com/sansgreet M. N. Venkatachaliah. Manepalli Narayana Rao Venkatachaliah (born 25 October 1929) was the 25th Chief Justice of India. He served as Chief Justice from 1993 to 1994. He currently serves as the Chancellor of Sri Sathya Sai Institute of Higher Learning (Deemed University), a Modern Gurukula, a place where the teacher-student interaction occurs in the backdrop of the process of Integral Education that includes the five dimensions of: Intellectual, Cultural, Physical, Service and Devotional. and on the Advisory Board of Foundation for Restoration of National Values, a society established in 2008 that strives to restore National and Cultural Values of India. #sansgreet #sanskritgreetings #greetingsinsanskrit #sanskritquotes #sanskritthoughts #emergingsanskrit #sanskrittrends #trendsinsanskrit #livesanskrit #sanskritlanguage #sanskritlove #sanskritdailyquotes #sanskritdailythoughts #sanskrit #resanskrit #celebratingsanskrit #mnvenkatachaliah #chiefjusticeofindia #chiefjustice #srisathyasaiinstituteofhigherlearning #gurukula #universityofmysore #bangaloreuniversity #highcourtofkarnataka #karnataka #kannada #supremecourtofindia #october25 #nationalhumanrightscommission #padmabhushan https://www.instagram.com/p/CVa2XkWhbAV/?utm_medium=tumblr