Justice S. Vishwajith Shetty celebrates his 56th birthday today.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 28.04.2020 and Permanent Judge on 25.09.2021.
Mr. Justice Savanur Vishwajith Shetty, was born on 19th May 1967 in an agricultural family. He completed his schooling from St. Victor’s Primary School, Puttur, and High School from St. Philomina High School, Puttur. He obtained law degree from Vaikunta Baliga law college, Udupi.
Justice Vishwajith Shetty enrolled as an advocate in the Karnataka State Bar Council on 3rd of August 1990. After the enrolment on the roles of Karnataka State Bar Council, he joined the chambers of Mr. P. Vishwanath Shetty, who became the Judge of the Karnataka High Court. He practiced in civil, criminal and writ petitions. You started your independence practice in the year 1995.
As lawyer, Justice Vishwajith Shetty served as a panel advocate for Mangalore City Corporation and Davanagere City Corporation.
Karnataka Police Act. Mere apprehension of the police is not enough to pass an order of externment. There must be grounds and adequate materials to show that there is danger based upon credible materials. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/RoyFyKpPp7rcOKBWYaz8MwnTj
Indian Penal Code. When accused is acquitted for the offence under Section 392 (Robbery), he cannot be convicted for the offence under Section 411 (Dishonestly receiving stolen property). Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2zaiOHjUKw8tQUebjmSSGAmD0
Wife demanding separate residence does not always amount to cruelty for grant of divorce. There must be determination to put an end to marital relation and cohabitation. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/TW2RUNUQzj7KeRGkWWcSztyJ3
Karnataka Excise Act. Compliance of Sections 53 and 54 i.e. securing search warrant or to record the grounds to dispense with the search warrant is mandatory. Non-compliance of the same would vitiate the conviction order. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FZfTeCzrbxckO5C7i0BZQNoQe
Judgment of acquittal passed in a complaint case can be challenged before the High Court under Section 378(4) Cr.PC and an appeal under Section 378(2) Cr.PC before the Sessions Court is not maintainable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/00l4CcLmCGmUMpAH29LiAwyGa
Rash and negligent driving resulting in death. Leniency can be shown on the sentence that is imposed on the accused in the event if the family members of the deceased receive the compensation from the accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/fZuzUP23nmcktNYJR9i5TABXv
When Juvenile Justice Board decides to try the juvenile as an adult, the accused can, apart from appealing against the order, seek bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/doCHE8UpmBfrnj8L83Bv15LK6
Arms Act. When the gun seized from the accused was unloaded and no ammunition was found in possession of the accused, the gun cannot be said to have been used for hunting purposes. Karnataka High Court sets aside conviction.
https://dakshalegal.com/judgements/actionView/L2Y7UMbm3xKGwOvAead7Om1DU
Karnataka SC/ST (PTCL) Act. Application for restoration filed 25 years after the sale cannot be entertained by the authorities since it is beyond reasonable time. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/IbeNgWc5n37N1mEGACvxJVVLa
Judicial estoppel. Person participating in the proceedings despite knowledge of the defect in the jurisdiction of an Authority without any objection is disentitled from questioning the jurisdiction in subsequent proceeding. Karnataka High Court.(DB)
https://dakshalegal.com/judgements/actionView/F6RCbDXX7fUpl5HN2VNYEHYtK
“Child cannot be allowed to remain in unhealthy atmosphere”. Karnataka High Court orders custody of the minor child to the father having found the wife to be in immoral relationship. (DB)
https://dakshalegal.com/judgements/actionView/YVaqoaF6m5s1yAvjGec82DeFP
Order XXIII Rule 1(3)(b) of CPC applies even to writ proceedings. Withdrawal of writ petition with liberty to file fresh petition on the same cause of action does not act as resjudicata. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/1MLGplP6hSb2ZDQQzIK2V6xAQ
Order XVIII Rule 3 of CPC. Rebuttal evidence is permissible only in respect of issues casting onus on the other side and the said opportunity cannot be utilized to fill up the lacuna in the evidence of the party leading evidence first. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/51BDLqY6lcXmkjfgQkC83YQsH
Writ jurisdiction cannot be invoked challenging issuance of caste certificate since alternate remedy of appeal is provided under the Karnataka SC/ST & OBC (Reservation of Appointments, etc.,) Act. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/N0kbQlmGT4OAkX3qSIUMlhUB1
“State has no power to direct reservation in employment in favour of SC, ST and OBCs in Private Schools under the Karnataka Education Act.” Landmark Judgement from the Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/SHJ62TCdEAKfrNPzvjOQ5xl4q
“State has no power to regulate fee structure in Private Schools under the Karnataka Education Act”. Landmark Judgement from the Karnataka High Court.(DB)
https://dakshalegal.com/judgements/actionView/QFd2LkHBjJQqLSuwRP9W1M6tO
Withdrawal of exemption under the Employees Provident Funds and Miscellaneous Provisions Act on the ground of financial loss of an establishment for three consecutive years is not unconstitutional. Karnataka High Court.(DB)
https://dakshalegal.com/judgements/actionView/HxFBnA4oSzJyQXI9KqeWxOtJl
Prospective beneficiary has no right to question deletion of the land from the acquisition proceedings. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/S7BR7LYhqKZ2euyVXLv8fVFei
When urgency clause in invoked under Land Acquisition Act, 1894, the State must act with quite promptitude failing which the acquisition proceedings are liable to be quashed. Karnataka High Court.(DB)
https://dakshalegal.com/judgements/actionView/PzgqR1tbpNmwi8CIZxEa258sG
Writ Court cannot direct the Government to frame scheme under Article 162 of the Constitution especially when the parties have alternative remedy for the redressal of their grievances. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/oX1BbykGxh0fOqwDVvm5BFxww
When correction of arbitration award is sought, limitation to challenge award commences from the date on which request for correction of award has been disposed of by arbitrator and not from the date of the original award. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/UuMNTUrB5ZsSTXC7DE2t82tMz
”Every order or transaction pursuant to fraudulent act is void ab initio and the same cannot be allowed to stand”. Karnataka High Court, while ordering restoration of khata which was fraudulently changed.
https://dakshalegal.com/judgements/actionView/ffjuTSZwYXEaVRve9o07HhAnz
Change of entries in property register by playing fraud. Such fraudulent entry can be set aside in a Writ Petition under Article 226 of the Constitution of India. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/SGQRILm4kMHZ4IEUZEUzQNYE2
Arbitration award. The date for quantifying the stamp duty payable on the award is the date on which the award was signed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Lx8lj50C1IXdryWHiZhNIaK3m
Nominated members have no right to cast their votes in the election to President and Vice President under the Karnataka Municipalities Act. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/gWJfk63ub1aPOMc26KMOBtp7m
Tahsildar has jurisdiction under Section 140(2) of the Karnataka Land Reforms Act to carry out survey work and fix boundaries even in respect lands falling within the limits of Corporation. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/AxsTUYclEAPZi8GESmWIvAIgD
Transport vehicle and omnibus, when gross weight does not exceed 7500 kg would be a light motor vehicle. Holder of LMV driving licence is competent to drive such transport vehicle only when the weight does not exceed the limit. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2eaqBZz4Qc1Qgn6tvFVplDMFH
Customs Brokers Licensing Regulations. Time limit of 90 days for passing the order in original under Regulation 17 is directory and not mandatory. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/FXr07SrhysNBw4tIi48p5J20Z
Family pension. Order of priority under the pension Rules prevail over order of priority under the Hindu Succession Act. When wife is alive, no other legal/illegitimate heir can claim family pension. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/vWvc3onLBn2Fnziqly0Pg9p4U
Karnataka SC-ST (PTCL) Act, 1978. Application for resumption and restoration of granted land filed 10 years after the sale can be rejected on the ground of delay and laches. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/AHXr5G4vEv1PtGL2SSa7XyqoG
Karnataka SC-ST (PTCL) Act, 1978 is NOT applicable in cases of mere agreements of sale without delivery of possession. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/XDkLLggCxnCwO5G8TuzD21Ikr
Karnataka SC-ST (PTCL) Act, 1978. Delay of 16 years from the date of sale in filing application for resumption and restoration of granted land. Karnataka High Court quashes the entire proceedings.
https://dakshalegal.com/judgements/actionView/10XANl323jyev5EmxkCZeDmC1
Service Law. Minimum qualifications for appointments prescribed under the UGC guidelines are for the purpose of maintaining excellence in the higher standards of education. Universities have no power to relax them. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/oJAlgVofPTJKdU458odhBk0ul
‘Corruption hurts everyone. Corruption erodes trust of a common man in the system. Anti corruption law shall be invoked against persons, who by virtue of their office are discharging public duty’. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/qRvZrwRUqh2M0EAJYcMHMDmnR
Prevention of Corruption Act, 1988. Employee of Society, registered under the Societies Registration Act, which receives funds from Government, is a ‘public servant’ and liable for prosecution under the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/inj8EJemeP93vhrMgtrU7wEzo
Default bail under the Unlawful Activities Prevention Act. Order extending time to complete investigation without notifying or producing the accused is bad in law. Accused are entitled to default bail in such eventuality. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/mVPCCaRlT8PdeFnkGEV4cY9UW
Cenvat Credit Rules, 2004. Industry having outdoor catering services for factory canteen cannot claim Cenvit credit post 2011. Court, while dealing with taxing statute, cannot include what is specifically excluded. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/lINWlRI30v0P3zA1KqN7pbP4R
Code of Civil Procedure, 1908. Order XXIX Rule 1. Director of company can NOT institute a suit without board resolution or ratification. Temporary injunction can be refused on the ground of maintainability of the suit. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/m3jYQjL0DfgPTbakGtbmNgKsu
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not apply to acquisitions under the Bangalore Development Authority Act. Karnataka High Court reiterates. (DB)
https://dakshalegal.com/judgements/actionView/jqeR8lN26Y9Xh2F0n8zHydU5y
Bangalore Development Authority Act, 1976. Section 38-B. Karnataka High Court declares bulk allotment of acquired land by BDA in favour of BDA Employees’ Welfare Association as illegal. Dismisses PIL for non-joinder of allottes of the sites. (DB)
https://dakshalegal.com/judgements/actionView/BW4eQM9cvxcpaJNZeAsytLDiN
Environment. Declaring forest as non-forest under the Karnataka Forest Act without the prior approval of the Central Government is illegal. Take action against erring officials – Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/CdgFkNFijKU88Vtf8WSe7dzCd
Criminal Procedure Code. Power under Section 311 to summon material witness or examine person present can be invoked by the court suo motu and even at a stage when the case is posted for judgment. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/nMwBXlQH144vnMtnLw2cCOoBB
Suo Motu action regarding functioning of the Juvenile Justice Boards in the State. Karnataka High Court issues interim directions. (DB)
https://dakshalegal.com/judgements/actionView/PZT7jLduDMFQCKiMc6ABsNYyf
Criminal Procedure Code. Non-recording or delayed recording or improper recording of statement under Section 161-3 is a serious irregularity which is incurable. Conviction under NDPS Act set aside on this ground. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Dhm4fVsZ66BPKe1xTgkIBp1oD
Criminal Procedure Code. Section 319. Power to proceed against other persons appearing to be guilty of offence cannot be exercised in a casual manner on the basis of a stray statement of the complainant. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/GpdDtxYcUApQkcgyqjGhZEhIG
Aarogya Setu App. Informed consent of users of the app is must for sharing user data by the Government of India and National Informatics Centre. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/ArY99nUgv48XJJGsX2mqPXruY
Karnataka High Court strikes down rule enabling collection of fee from transporter of minor minerals from other States into State of Karnataka. (DB)
https://dakshalegal.com/judgements/actionView/DRNd5Oym2n1DeFTyvtkMPXZOt
Arbitration and Conciliation Act 1996. Additional award under Section 33 forms part of the arbitral award. Remedy appeal and not Writ.
https://dakshalegal.com/judgements/actionView/FGfnbLga0BF7IozN2WXiK1bo1
Karnataka High Court directs State Election Commission to hold elections for 198 Wards of BBMP at the earliest. (DB)
https://dakshalegal.com/judgements/actionView/Hj5pfiWj0SFSwLpjky0v5rnvH
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