Justice H.T. Narendra Prasad celebrates his 57th birthday today.
Justice Harekoppa Thimmana Gowda Narendra Prasad was born on 1 June 1966. He studied B.Sc., from D.V.S.College, Shivamoga in the year 1990 and LL.B., from Vidyavardhaka Law College, Mysuru in the year 1993.
He enrolled as an Advocate in the year 1993. He started practice in the Chambers of Prof.Ravivarma Kumar, former Advocate General of Karnataka.
He initially for a period of two years practiced in Trial Courts, Bengaluru. He practiced in the field of Constitutional Law, Service Law, administrative Law, Public Law, Property Law, Arbitration and Conciliation mattes, Environmental Law, Revenue Matters, Company matters, Banking Laws, Civil and Criminal matters before the High Court of Karnataka, Karnataka State Administrative Tribunal and Central Administrative Tribunal.
He was appointed as High Court Government Pleader in the year 2006 till 2013 and as Additional Government Advocate from 2013 till the date of elevation, i.e., 2018.
H.T. Narendra Prasad was appointed as an Additional Judge, High Court of Karnataka on 02.06.2018 and as Permanent Judge on 26.02.2020.
Important Judgements delivered by H.T. Narendra Prasad.
Issuance of fifteen days notice for moving no confidence motion under the Karnataka Panchayat Raj Act and the Rules is mandatory. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/uFQX1cP0kouUytzJDxeG92Oi3
Election petition cannot be dismissed for making the Returning Officer also a party to the petition. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/8FSysCrnASfkaFoikx4UOigJG
Maintenance and Welfare of Parents and Senior Citizens Act, 2002. Right of appeal under Section 16 (1) is conferred on both sides and not confined only to senior citizen and parents. Karnataka High Court.
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Protection of Women from Domestic Violence Act, 2005. Order passed under Section 12 can be enforced in the same manner as laid down under Section 125, Criminal Procedure Code. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/OJSpKbBliSXbsjgLthOJiIZa9
Motor Vehicles Act, 1988. Section 147. Person travelling on mud-guard of a tractor is NOT an authorized passenger. Persons working on ploughing/crushing machines attached to tractor are NOT employees. Karnataka High Court. (Full Bench). (DB)
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Law of precedent. Observations made by the court must be read in context in which they appear to have been stated. The judgments of the courts are not to be construed as statutes. Karnataka High Court. (DB)
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Tax laws. Interpretation. There is no equity about tax. No presumption as to tax. Nothing to be read in. Nothing to be implied except the actual language used. Karnataka High Court. (DB)
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Technical objection which defeats justice should be discouraged. If infraction of procedural provision does not provide for any consequences such a provision has to be construed as directory and not mandatory. (DB)
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Preventive detention. Order of detention can be passed even if detenue is in custody.
https://dakshalegal.com/judgements/actionView/GGaNBZIymHBlGw8bmXOmV9H3W
“Removing minor girl from the lawful custody of parents is clear case of kidnap”. Karnataka High Court convicts the accused while confirming his acquittal for the offence under the POCSO Act. (DB)
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“Interest of the child is paramount in cases under the POCSO Act and the Court cannot appreciate the evidence on sentimental values.” Karnataka High Court sets aside the acquittal of the sexual offender. (DB)
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