“Know Your Judge.” Justice Suraj Govindaraj. Karnataka High Court.

Justice Suraj Govindaraj celebrates his 50th birthday today.

Justice Suraj Govindaraj graduated LL.B (Hons) at National Law School India University. He enrolled as an Advocate on 23.06.1995. Practiced in the field of Civil, Commercial Litigation, Contracts, Property Law, Arbitration, Company Law, Intellectual Property Rights, Constitution Matters, Debt Recovery, Environmental Law, Revenue Matters under local land laws, Consumer Law, RERA etc., Appeared before the Hon’ble Supreme Court of India, almost all High Courts in the Country, District Courts, Tribunals etc.,

Justice Suraj Govindaraj was appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.

He is a member of the Phase 3 committee advisory, implementation and monitoring Committee, Neutral Citation Committee and the Ai assisted translation Committee constituted by the Hon’ble Chief Justice of India. He is also a member of the Computer and Technology Committee of the High Court of Karnataka, was instrumental in setting up the Telegram Channel, which is used by most of the lawyers in Karnataka, Revamping of the Website of the High Court of Karnataka to give all information in one place, publication of various reports in the telegram channel which are of assistance to all lawyers and judges, Postal integration at the High Court and District Courts – which gives the status of the service by the postal department. Advocate Registration and Dashboard to give real-time information of their cases etc etc.,

He is also a member of several other committees, including the Mediation Committee.

He is regularly invited by the National Judicial Academy, Bhopal on a regular basis to speak to Bhopal as also at the Regional Judicial Conferences. He is also invited by various colleges in and outside Bangalore to deliver lectures on various subjects.

He has a tremendous interest in sharing knowledge and encouraging lawyers more particularly young lawyers.

Some of the latest and important judgements of Justice Suraj Govindaraj.

Labour Law. Dismissal of workman on the ground of loss of confidence of the employer in the workman would not prevent the Labour Court from passing an order of reinstatement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/G1thv6CTExOr9SQw8qfSKKhfY

KT & CP Act. When designation of land in the Master Plan as park is lapsed due to non-acquisition within five years, the landowner is entitled for conversion of the land as per the new classification of the land under the Master Plan. Karnataka High Court
https://dakshalegal.com/judgements/actionView/nm19csYtxwSXa1tdrxwIQh09c

Industrial Disputes Act. An order refusing permission under Section 33(2)(b) can be challenged by way of a Writ Petition in appropriate cases. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wU4BZGazuANvvIEy3nX2gAaEl

Labour Law. Once a domestic enquiry is held to be fair and proper, the labour Court cannot hold the contents of the enquiry report to be perverse and set aside the order on that basis. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/G5c2pBGLNkC4UIw08dSOlV9Ny
Karnataka Societies Registration Act. Erstwhile office members cannot process election to the Society after the appointment of an administrator merely because the administrator has not taken charge. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wY4lFwKBfwBQLCXexQmFQkkzk
Karnataka Cooperative Societies Act. Special Officer cannot be appointed on the ground of resignation of directors without waiting for 15 days period prescribed under Section 29(B) to withdraw the resignations. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/rDzZKvBC2pSsW4n8CtsM8QB0s
Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/NTAWFiMBqmhSa1rvzC95Rw7Xi
Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Uyv3EtyG6nQ9NXYvYpnhgZPiL
Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/AHTV2tPS9suZ86WoR7nXVrtF0
Karnataka Land Reforms Act, 1961. Proceedings under Sections 79A and 79B can NOT be initiated after the agricultural land is converted to non-agricultural purpose. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/plMHXL87CNfV93WUZuZKlVQCj

Land acquisition notification after 19 December 2013, the date on which the 2013 Act was notified to come into force on 1 January 2014, could be issued only under the 2013 Act and not under the 1894 Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/pnNSC5QZ6QfCBJSair4jKSN0j
If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/WmYThpM28DJ8YSrSev8msoKrI
Land acquisition notification after 19 December 2013, the date on which the 2013 Act was notified to come into force on 1 January 2014, could be issued only under the 2013 Act and not under the 1894 Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/pnNSC5QZ6QfCBJSair4jKSN0j

If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/WmYThpM28DJ8YSrSev8msoKrI
Workman cannot be dismissed without taking the approval of the Industrial Tribunal in terms of Section 33(2)(b) of the Industrial Disputes Act when proceedings are pending. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Zz0Jz9ZQI6qNhl3OOq3kQSdi4
Land acquisition. If compensation of some landowners is enhanced, other landowners under same notification are automatically entitled to enhanced Compensation. Duty of the State to notify all other landowners about the enhancement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/GNGySBcAcVVuNMZq14dtnt4GN
Trust registered under the Trust Act is entitled to get liquor license under the amended Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968. Karnataka High Court disposes Writ Petition challenging non-inclusion of Trusts.
https://dakshalegal.com/judgements/actionView/5FZ6PKP5R9ybFsVoB5dFDMdRW

Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971. Notification under Section 10(1) is not a pre-requisite for the Tribunal to decide matters relating to reinstatement or regularization of services of contract labour. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wx1jqT0RqIlc4fHRZNeCR7zrG
Proceedings under Section 79(A) & (B) of the Karnataka Land Reforms Act can NOT be initiated against purchaser of converted agricultural property. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FbE5c913Jm3ll7axWRgSvVHbp
Change of partners in a partnership concern holding excise license amounts to transfer of excise license. Authorities can cancel license for violation of condition against transfer of license. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/55RSxoygMeE8rPPNZk1UaV2Kb
Suit for partition. Registration of a sale deed in respect of joint family property would amount to constructive notice to all members of the joint family and the period of limitation would commence from the date of such registration. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/5HpsEiKX16RiKmF5peIIqLKpk
Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/fXlAzntmj1dAs5hmcc9RgdTt2
Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Ul11rUyBi6KzLsSCGm1GVrKA0
In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/yac9TIe4JwB5vLqBYkQQGcIny

Labour Law. When workman files statutory appeal as also claim petition under section 10(4-A)of ID Act, in the event of either one of them being disposed, the other proceeding would become infructuous and required to be dismissed as such. Karnataka High Court
https://dakshalegal.com/judgements/actionView/iG2Y2hVKJQ61HLgji3JVea3yU
Claim made by a workmen for payment of minimum wages is not a dispute covered under Section 70 of Karnataka Co-operative Societies Act, 1959. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/zLrl3q4pyhtGseDqDn4mBryXr

Motor Vehicle Act. Insurance company not limiting insurance policy till fitness certificate period can not escape liability on the ground that vehicle’s fitness certificate lapsed on the date of accident. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/RjegwADtKvQbnHbHQaqiHpPN2
Criminal Procedure Code. Section 93. Search warrant can be issued by the Magistrate without issuing a summons under Section 91. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/O5asl4ppbbQxlNU0bNHAsaYFs
Plaint in a suit for partition based on amended Section 6 of the Hindu Succession Act is liable to be rejected if there is clear admission in the plaint about registered partition of ancestral properties prior to the amendment. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/AqiH79AYRqh6uAL1goeyPue3D
Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/tOb8b7Zlxd4xtFu2hYvsv5pNT
Forcible, unauthorised, Illegal encroachment of private property by BDA. Karnataka High Court orders allotment of equivalent developed land to the owner. Imposes cost of 5 lakhs to be recovered from the officers at default.
https://dakshalegal.com/judgements/actionView/SCjleBmmnga5F5in7edNyDeqJ

Valuation of Suit. Suit for specific performance. Only value of the property shown in the agreement has to be considered for the purpose of jurisdiction. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jiFI8QtucR4jGEld3bKYKFP1M
Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/cm3plwrf2A0cXpcuxRJQQqbIy
Corporation carrying out perennial works through contractor employing Pourakarmikas. Karnataka High Court orders regularisation against sanctioned vacant posts.
https://dakshalegal.com/judgements/actionView/WalfPR11rJYOMcublnw04swhN

Digitization of Criminal Investigation. Karnataka High Court issues comprehensive directions. (DB)
https://dakshalegal.com/judgements/actionView/1GMezHajQiB10bbbZwRzzV9oe
In case of termination of an individual employee/workman by a individual notice, a dispute can be raised by such individual workman in terms of Section 10(4-A) of the ID Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/nSEZgRsqqu1gJnuBTKCJnuIrr
POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria. (DB)
https://dakshalegal.com/judgements/actionView/ofcIm3beRTfBW25AsdHqszJBB
Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
https://dakshalegal.com/judgements/actionView/5YkwePBIxS4JQhxMxwiPrh8Cb

Mischief by killing or maiming animals. Mens rea, animus or intention is required to be established to constitute offences under Section 428 or Section 429 of IPC. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/DQNuFFbQo5xmzvkMbqCqm5w9L
Legal Metrology (Packed Commodities) Rules, 2011. Compounding of an offence by one accused will not prevent the other accused from seeking quashment of the proceedings. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/O6ebbbxRZOAdYRHPjaxH5i2AT
Mines And Minerals (Development And Regulation) Act, 1957. Geologist can initiate criminal proceedings under Mines and Minerals for the offences under the Act.
https://dakshalegal.com/judgements/actionView/e5u4oU63V0Deggh1klpeu0F5A
Accident involving pet or animal does not attract the provisions of the Motor Vehicles Act or the Indian Penal Code. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/NcIKN2TRD2T8GJH4cJK18DNX2
When a document is fabricated before the Sub-Registrar, bar under Section 195(1)(a)(i) Cr.P.C applies only to proceedings under Section 177 and not under Sections 419, 420, 468 and 471, IPC. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/RnJeaWZqBHmNfrh4W8OieBWzi
Arbitration and Conciliation Centre being run under the aegis of the High Court of Karnataka can appoint an Arbitrator if any of the parties individually or both the parties jointly were to approach the centre for such appointment. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/yJp8xzkv7KRvUcF4ImxebZWvr
Legal Metrology (Packed Commodities) Rules, 2011. When liquid item is sold, the declaration in terms of weight/measures can be done either by weight or volume. Karnataka high Court.
https://dakshalegal.com/judgements/actionView/QCpAbgVQTNqGl4xNjjCGT1t8c
Refusal to pay cost of the arbitration by a party cannot be a ground not to appoint arbitrator if the other party is ready to pay entire arbitration cost. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hlpgc3fQSUAkmrXVqxR6kcQze
An absconder cannot claim benefit of default bail under Section 167 (2) Cr.P.C. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/o2ZF5wuxJCJHHBYB7pudKwzYL
Even an employee on a contractual basis is entitled to provident fund. There is no requirement of a master-servant relationship with the master exercising supervision and control over the employee. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/76AUKKbA2igRzYDOe5ohDGv5Y
Accused is not entitled for default bail under Section 167 (2) Cr.P.C. in the event of charge sheet having already been filed before his arrest. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/uleBUcyIiptfoYgheWS5bbDJ4
Gratuity is paid to safeguard financial security of a person at the time of retirement. Bank cannot adjust gratuity amount payable to its employee towards outstanding loan account. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hgJPVdTYBoN4sJFB7JO37BxK6
Merely because a client does not succeed in the matter and favourable orders were not passed in his favour, the client cannot make out a case that fraud and offence under Sections 406 and 420 of IPC has been committed by his Advocate. Karnataka High Court
https://dakshalegal.com/judgements/actionView/xFLQ3NyVoLpXm3txgLujb0HhR
Factories Act. Manufacture being per se hazardous does not make the establishment hazardous. The process of manufacture being hazardous for workmen of a particular age group is the relevant test. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QTgcf5lwWpofmCefQ446pAcJL
If a document has been fabricated for the purposes of usage in a Court and thereafter used in a Court, Section 195 of Cr.P.C. would come into play and only the Court can initiate the proceedings against the offender. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/aaREDjwUlMjGmIDPC2suIRX0c
Compensation towards drawing high-tension electricity lines. Karnataka High Court approves fixation of 50% of the land value as compensation.
https://dakshalegal.com/judgements/actionView/wVXfvURg9BXu3Q5U551UVOfC1

Cr.P.C. Sections 82 and 83. Proclamation of an accused to be an absconder is mandatory for the purpose of attachment of the properties of such absconding person. Karnataka High Court. https://dakshalegal.com/judgements/actionRead/CI4LA7nlTn6X0RdnnPAASS2xr

Information Technology Act. An intermediary or its directors and officers are not liable for any action or inaction on part of seller making use of facilities provided by the intermediary in terms of a website or market place. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/jEvxF66Q30p05bi3KBRNLPNz5

Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/tOb8b7Zlxd4xtFu2hYvsv5pNT

Claim made by a workmen for payment of minimum wages is not a dispute covered under Section 70 of Karnataka Co-operative Societies Act, 1959. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/zLrl3q4pyhtGseDqDn4mBryXr

Labour Law. When workman files statutory appeal as also claim petition under section 10(4-A)of ID Act,in the event of either one of them being disposed,the other proceeding would become infructuous and required to be dismissed as such.Karnataka High Court
https://dakshalegal.com/judgements/actionRead/iG2Y2hVKJQ61HLgji3JVea3yU

In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/yac9TIe4JwB5vLqBYkQQGcIny

Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/Ul11rUyBi6KzLsSCGm1GVrKA0

Suit for partition. Registration of a sale deed in respect of joint family property would amount to constructive notice to all members of the joint family and the period of limitation would commence from the date of such registration. Karnataka High Court
https://dakshalegal.com/judgements/actionRead/5HpsEiKX16RiKmF5peIIqLKpk

Proceedings under Section 79(A) & (B) of the Karnataka Land Reforms Act can NOT be initiated against purchaser of converted agricultural property. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/FbE5c913Jm3ll7axWRgSvVHbp

Change of partners in a partnership concern holding excise license amounts to transfer of excise license. Authorities can cancel license for violation of condition against transfer of license. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/55RSxoygMeE8rPPNZk1UaV2Kb

Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/fXlAzntmj1dAs5hmcc9RgdTt2

Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971. Notification under Section 10(1) is not a pre-requisite for the Tribunal to decide matters relating to reinstatement or regularization of services of contract labour. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/wx1jqT0RqIlc4fHRZNeCR7zrG

Land acquisition. If compensation of some landowners is enhanced, other landowners under same notification are automatically entitled to enhanced Compensation. Duty of the State to notify all other landowners about the enhancement. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/GNGySBcAcVVuNMZq14dtnt4GN

Trust registered under the Trust Act is entitled to get liquor license under the amended Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968. Karnataka High Court disposes Writ Petition challenging non-inclusion of Trusts.
https://dakshalegal.com/judgements/actionRead/5FZ6PKP5R9ybFsVoB5dFDMdRW

Workman cannot be dismissed without taking the approval of the Industrial Tribunal in terms of Section 33(2)(b) of the Industrial Disputes Act when proceedings are pending. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/Zz0Jz9ZQI6qNhl3OOq3kQSdi4

If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/WmYThpM28DJ8YSrSev8msoKrI

Speech on ‘Digital Reformation in Judiciary’. Justice Suraj Govindaraj. KSBC Law Workshop Tiptur.

Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/NTAWFiMBqmhSa1rvzC95Rw7Xi

Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/Uyv3EtyG6nQ9NXYvYpnhgZPiL

Karnataka Cooperative Societies Act. Special Officer cannot be appointed on the ground of resignation of directors without waiting for 15 days period prescribed under Section 29(B) to withdraw the resignations. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/rDzZKvBC2pSsW4n8CtsM8QB0s

ಇಲಾಖಾ ಪ್ರಕ್ರಿಯೆಯಲ್ಲಿ ನೌಕರನ ಖುಲಾಸೆಯಾದ ಸನ್ನಿವೇಶದಲ್ಲಿ ಅದೇ ಕಾರಣಕ್ಕಾಗಿ ಕ್ರಿಮಿನಲ್ ವಿಚಾರಣೆಯನ್ನು ಮುಂದುವರಿಸಲಾಗುವುದಿಲ್ಲ. ಕರ್ನಾಟಕ ಉಚ್ಚ ನ್ಯಾಯಾಲಯ.
https://dakshalegal.com/kannada/actionRead/ZNlrfMC6taSl1qV2N3qmtoi2P

Karnataka Societies Registration Act. Erstwhile office members cannot process election to the Society after the appointment of an administrator merely because the administrator has not taken charge. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/wY4lFwKBfwBQLCXexQmFQkkzk

Labour Law. Once a domestic enquiry is held to be fair and proper, the labour Court cannot hold the contents of the enquiry report to be perverse and set aside the order on that basis. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/G5c2pBGLNkC4UIw08dSOlV9Ny

KT & CP Act. When designation of land in the Master Plan as park is lapsed due to non-acquisition within five years, the landowner is entitled for conversion of the land as per the new classification of the land under the Master Plan. Karnataka High Court
https://dakshalegal.com/judgements/actionRead/nm19csYtxwSXa1tdrxwIQh09c

Mischief by killing or maiming animals. Mens rea, animus or intention is required to be established to constitute offences under Section 428 or Section 429 of IPC. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/DQNuFFbQo5xmzvkMbqCqm5w9L

Arbitration and Conciliation Centre being run under the aegis of the High Court of Karnataka can appoint an Arbitrator if any of the parties individually or both the parties jointly were to approach the centre for such appointment. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/yJp8xzkv7KRvUcF4ImxebZWvr

POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.
https://dakshalegal.com/judgements/actionRead/ofcIm3beRTfBW25AsdHqszJBB

Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
https://dakshalegal.com/judgements/actionRead/5YkwePBIxS4JQhxMxwiPrh8Cb

In case of termination of an individual employee/workman by a individual notice, a dispute can be raised by such individual workman in terms of Section 10(4-A) of the ID Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/nSEZgRsqqu1gJnuBTKCJnuIrr

ನೆಗೋಶಿಯಬಲ್ ಕಾಯಿದೆಯ ಸೆಕ್ಷನ್ 138 ರ ಅಡಿಯಲ್ಲಿ ವಿಶೇಷ ಅಧಿಕಾರ ಹೊಂದಿರುವವರ ಪ್ರಮಾಣ ವಚನದ ಹೇಳಿಕೆಯನ್ನು ವಿಚಾರಣೆಯಲ್ಲಿ ದಾಖಲಿಸಬಹುದು. ಕರ್ನಾಟಕ ಉಚ್ಚನ್ಯಾಯಲಯ.
https://dakshalegal.com/kannada/actionRead/655BHrCfnhCPspEEMwgStPOQQ

Valuation of Suit. Suit for specific performance. Only value of the property shown in the agreement has to be considered for the purpose of jurisdiction. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/jiFI8QtucR4jGEld3bKYKFP1M

Director appointed by a Venture Capital Company can be prosecuted as regards criminal offences alleged against the company where investment is made. Karnataka High Court
https://dakshalegal.com/judgements/actionRead/blonvXGY6KOXPCFXa8etlqoJ4

Income Tax Act. All the Directors of the Company cannot be automatically prosecuted for any violation of the Income Tax Act. There has to be specific allegations made against each of the Directors who is intended to be prosecuted. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/FkYliWXpOPPwh1zBmyJ5xZUbL

Educational Institutions. Property tax exemption would also apply to persons who have leased the property for educational purposes. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/k9KgiuRLk69mv62S389rvi7Es

Prevention of Money Laundering Act 2002. Investigating-arresting Officer must inform and provide copy of arrest order and grounds of arrest to the person being arrested. Mere oral information would not be sufficient. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/26EhqxuXfwUtQkvfc6sASu3Rs

Companies Act 2013. Except the Registrar Shareholder and Official Liquidator no other person can initiate any criminal proceedings against a company for the offences under the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/cj7OKu6i3a2K7KVsgeNfRfYqj

Educational Institutions. Property tax exemption is available even to any land or building used for the purpose of educational institution or incidental thereto such as bank canteen and staff quarters. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/aneO4s04YSQSYpLCaq9fmllZs

Forcible, unauthorised, Illegal encroachment of private property by BDA. Karnataka High Court orders allotment of equivalent developed land to the owner. Imposes cost of 5 lakhs to be recovered from the officers at default.
https://dakshalegal.com/judgements/actionRead/SCjleBmmnga5F5in7edNyDeqJ

Cr.P.C. Sections 82 and 83. Proclamation of an accused to be an absconder is mandatory for the purpose of attachment of the properties of such absconding person. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/CI4LA7nlTn6X0RdnnPAASS2xr

Information Technology Act. An intermediary or its directors and officers are not liable for any action or inaction on part of seller making use of facilities provided by the intermediary in terms of a website or market place. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/jEvxF66Q30p05bi3KBRNLPNz5

Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/tOb8b7Zlxd4xtFu2hYvsv5pNT

Plaint in a suit for partition based on amended Section 6 of the Hindu Succession Act is liable to be rejected if there is clear admission in the plaint about registered partition of ancestral properties prior to the amendment. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/AqiH79AYRqh6uAL1goeyPue3D

Claim made by a workmen for payment of minimum wages is not a dispute covered under Section 70 of Karnataka Co-operative Societies Act, 1959. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/zLrl3q4pyhtGseDqDn4mBryXr

Labour Law. When workman files statutory appeal as also claim petition under section 10(4-A)of ID Act,in the event of either one of them being disposed,the other proceeding would become infructuous and required to be dismissed as such.Karnataka High Court
https://dakshalegal.com/judgements/actionRead/iG2Y2hVKJQ61HLgji3JVea3yU

In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/yac9TIe4JwB5vLqBYkQQGcIny

Challenge to an award passed in an International Commercial Arbitration can be made before Commercial Division of a Single Judge Bench of the High Court. Karnataka High Court. https://dakshalegal.com/judgements/actionRead/ydlEhdAvEPjpvqlX5tTzMfG2N

ಹಿಂದೂ ಉತ್ತರಾಧಿಕಾರ ತಿದ್ದುಪಡಿ ಕಾಯ್ದೆಯ ಕಲಂ.6 ರ ಅನ್ವಯ, ಮಹಿಳೆಯು ತನ್ನ ತಂದೆ/ಸಹೋದರನ ವಿರುದ್ಧ, ಭಾಗಾಂಶ ಕೋರಿ ದಾಖಲಿಸಿರುವ ದಾವೆಯಲ್ಲಿ, ಆಕೆಯ ಪತಿಗೆ ವರದಕ್ಷಿಣೆಯಾಗಿ ನೀಡಿದ ಅವಿಭಕ್ತ ಕುಟುಂಬದ ಆಸ್ತಿಗಳನ್ನು ಸಹ ಸೇರಿಸಬಹುದು. ಕರ್ನಾಟಕ ಉಚ್ಚ ನ್ಯಾಯಾಲಯ. https://dakshalegal.com/kannada/actionRead/WbyTX1uAQbESng5xidE5t4TPA

Proceedings under Section 79(A) & (B) of the Karnataka Land Reforms Act can NOT be initiated against purchaser of converted agricultural property. Karnataka High Court. https://dakshalegal.com/judgements/actionRead/3AE4OAIEyM8bBPrP6iP3KB75f

Defendant whose written statement taken as not filed and on dismissal of his application under Section 8(1) of the Arbitration and Conciliation Act can not seek permission to file written statement. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/vxsqepFIwum51fwGWMPjGzxsG

Court can record compromise among parties even after auction of subject property is completed since successful auction purchaser has no vested right till sale certificate is issued in his favour. Karnataka High Court.
https://dakshalegal.com/judgements/actionRead/lyQiVzAZV3HscHkrWvRvzudyz

Mere presentation of plaint without court fee does not amount to ‘filing of suit’. By the time court fee is paid, if limitation runs out, suit is liable to be dismissed. Karnataka High Court. https://dakshalegal.com/judgements/actionRead/CTrkmXpnEv79B8p7cUgp8hk0X

”Issue notice well in advance giving sufficient time to the assessee to furnish documents”. Karnataka High Court directs Income Tax Department.
https://dakshalegal.com/judgements/actionRead/vhKxpR3IORBuE0iy1M9QNwdvC

https://dakshalegal.com/judgements/actionRead/VXu0nMUmTIDSrCBt86Ctn3Zfm

Refusal to grant financial moratorium. Writ against private banks to implement RBI Circular can be issued. Karnataka High Court.

-Justice Suraj Govindaraj

Companies Act, 2013. Except the Registrar, Shareholder and Official Liquidator, no other person can initiate any criminal proceedings against a company for the offences under the Act. – Daksha Legal (home.blog)

Information Technology Act. An intermediary or its directors and officers are not liable for any action or inaction on part of a vendor or seller making use of the facilities provided by the intermediary in terms of a website or a market place. Karnataka High Court. – Daksha Legal (home.blog)

Arms Act, 1959. No prior sanction of the District Magistrate to prosecute is required if the prohibited arm is possessed for sale. Sanction required only in cases of mere possession of arm. Karnataka High Court. – Daksha Legal (home.blog)

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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