Justice Mohammad Nawaz celebrates his 58th birthday today.
Justice Mohammad Nawaz was born on 22nd May 1965. He completed primary education at St. Francis Xavier’s Primary School, Puttur, Dakshina Kannada; High School at St. Philomena’s High School, Puttur, Bachelor’s Degree in Science at St. Philomena’s College, Puttur, and LL.B. at Sri Jagadguru Renukacharya Law College, Bengaluru.
Justice Mohammad Nawaz enrolled as Advocate on 20.04.1990 and served as;
Government Pleader in the year 2003.
Special Prosecutor for Lokayukta in the year 2007.
Additional. State Public Prosecutor from 2008-2012.
State Public Prosecutor in June, 2015.
He represented the Mangalore City Corporation and Karnataka State Road Transport Corporation.
Justice Mohammad Nawaz was appointed as Additional Judge, High Court of Karnataka on 02.06.2018 and permanent Judge on 26.02.2020.
Some of the latest and important judgements delivered by Justice Mohammad Nawaz.
Sections 407 & 408 Cr.P.C. Case and counter case have to be tried together by the same court irrespective of the nature of offences involved to avoid conflicting judgments over the same incident. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2nBSFssodnx6VdEEbck9AaVYB
IPC. Section 498A. General and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/YGOo6Ur5M74NoYHBEyFjkG57Z
Owner/driver of private vehicle from which ganja was seized cannot plead absence of ”conscious possession” since the standard of ‘conscious possession’ is different in case of private vehicle with few persons known to one another. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/o6j5vxZbba8KO7DFrRIhrAYGe
Criminal Law. At the stage of considering discharge application, Court can not hold mini trial or go deep into probative value of material on record. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/0BedL5TnHUGCUd3ud6rHANMWB
Cr.P.C. Section 482. Quashing of non-compoundable cases. Guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/myJXvAa2CGULJoV3HE6SWU0tQ
Arbitrary freezing of bank account by the authorities, unless there is a strong suspicion against the account holder, adversely affects the right to life under Article 21 of the Constitution of India. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/aRP34CHXgCX6mQorQVYKVa6uK
Cr.P.C. Section 200. Magistrate can not refer complaint for investigation to Police under Section 156, after taking cognizance of the offence. After taking cognizance, he can not revert back. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1vX6GNA5qsicQk5qbsDzCzTIG
Criminal Procedure Code. Acceptance of B report can NOT be done mechanically without adverting to the material on the basis of which the said report is filed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ihAgIBlmClJH7vOoZhnF0YzHq
Bail in NDPS cases. Though mere delay in obtaining Forensic Science Lab report is not a ground to grant bail-Prosecution shall secure the report at the earliest to prevent detention of accused for an indefinite period. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/WyMMD5aSd7lapW5xSEUfqXDrN
Criminal Trial. Expert handwriting opinion can be relied only when it is supported by internal and external evidence. Law on the point discussed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/J4jI29DiZNawbI3m0ZWp1UZ0U
NDPS Act. Prosecution’s complaint failing to connect accused with seized material. Valid ground to grant bail to the accused.
https://dakshalegal.com/judgements/actionView/LOb8I4qCjvnSgPAlXVpAEuluJ
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