Justice Krishna S. Dixit celebrates his 59th birthday today
Hon’ble Mr. Justice Krishna S. Dixit was born on 20 July 1964. He enrolled as an advocate in July 1989. Since then, he was practicing in the Hon’ble High Court of Karnataka & High Court of Madras, specializing in Law of Writs, Election Laws & Service Laws.
Justice Dixit was appearing in cases before the Service Law Tribunals of several States. He was appointed as the Senior Standing Counsel for the Election Commission of India and also as an Addl. Central Government Standing Counsel since 1999.
He has also served as Standing Counsel for the University Grants Commission, the Competition Commission of India, the Telecom Regulatory Authority of India, Karnataka Veterinary Sciences University, Bhabha Atomic Research Centre, National Institute of Unani Medicines, etc. He was appointed as Amicus Curiae in a few matters before the Hon’ble High Court of Karnataka.
He was Panel Counsel for few Nationalized Banks. He was also a para academician and a part-time lecturer in a Law College in Bengaluru for few years. He was contributing articles to a few Kannada & English Newspapers & magazines. He also participated in several television debates on matters of contemporary relevance.
Having been appointed as the Assistant Solicitor General of India in the year 2014, he was appearing for the Central Government in numerous important cases till his Elevation as a Judge of the High Court of Karnataka on 14th February 2018.
Justice Dixit has delivered many inspirational lectures. Links to few lectures are here:
Important judgments delivered by Justice Krishna S Dixit.
Cr.P.C. Incriminating material. Can be utilized against the accused only if the same is brought to his attention with opportunity to explain it. (DB)
https://dakshalegal.com/judgements/actionView/aGWFpOqljsIaZRTNDRZaS8Atz
Election Tribunal has no power to grant interim order staying election of the returned candidate.
https://dakshalegal.com/judgements/actionView/juN6tZ0Hibe82ckBmtIIOUhSr
Dying Declaration anatomised- “Death waiting at the doorsteps gives a unique serenity to the mind compelling the maker to state nothing but the truth.”
https://dakshalegal.com/judgements/actionView/NZMv26Oc67p87uqVqeR7Yvwr1
Private Schools. State action should be facilitative and complimentary to the establishment of private schools. “Don’t compare grant of permission to start educational institution with that of a wine shop. Adopt fair standards”.
https://dakshalegal.com/judgements/actionView/OKxPDk1BkPUlbM2xHbaAMljnm
Civil Procedure Code. Transposition of Defendant as Plaintiff. Filing of counterclaim by defendant is not a condition for transposition. What is required for transposition is not the Counterclaim but an identity of interest. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/RFvBnMiGoOGdObMUS3z9lA7ys
Transfer of Property Act 1882. Section 114. Relief against forfeiture for non-payment of rent. The section does NOT come to the rescue of a tenant who lacks bonafides in conduct. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/kZabplcPeCt5SdVbVj0ALwNl4
Arbitration and Conciliation Act. Amendment to Section 8. Application by any person claiming through or under the party to arbitration agreement-is prospective and does NOT apply to suits instituted prior to 23:10:2015. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/TEYFPwA3X19z5HBd8VoTTBiJJ
‘Perjury has become a way of life in the Law Courts.’ – Karnataka High Court while dismissing appeal arising out of a false claim under the Motor Vehicles Act with exemplary costs. (DB)
https://dakshalegal.com/judgements/actionView/UnGJ3FlFGrdyoYtX1QPfquR3O
Electricity Supply. Purchaser of industry is liable to pay arrears towards electricity supply to earlier owner. However, there shall be apportionment of purchaser’s liability when only a part of industry is purchased. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/GSXi9BnEuEx6AfoHOcfAekwHs
Bank loans. One Time Settlement. Once the OTS payment is made by the principal borrower, the surety is also discharged. Law on One Time Settlement discussed. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/eWkUtPXgjJN3aZLmaJnwQkOmC
Muslim man marrying second wife. First wife can stay away from the matrimonial home, seek divorce and retain exclusive custody of her minor child. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/TfgD3t7FGoYpxBMuzEwCmsAYo
Games of skill involve elements of expression and enjoy protection under Article 19(1)(a). State cannot criminalize online games involving skill. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/VSOMq1h2zg2FMAmFeav0saZDS
Once the lands have vested in the State for a public purpose, the erstwhile owners cannot seek their restoration on the ground that they were put to use for some other public purpose. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/prLgvTrBEnTSEiqlqrVOq9vuz
SC /ST (Prevention of Atrocities Act),1989 is prospective in operation. No prosecution for the acts committed prior to coming into force of the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/81ZSj19JBKH6cbxSH0yMjAE3Z
Hijab is NOT part of essential religious practice. Prescription of uniform is a reasonable restriction. Govt order is valid. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/fUUQHSk4w2r34zz0BLShELpDi
Renewal of passport. Authorities cannot insist on production of facilitative order from the Court simply because criminal case is pending against the passport holder. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/8YxVKdJhyg5h5r6PTmnnCjHdv
“Political rallies have some elements of dissemination of knowledge & information to the public at large and they generate lot of political awareness in the voting masses”. Karnataka High Court on PM Modi’s Road Show. (DB)
https://dakshalegal.com/judgements/actionView/NwNGlnf5JKYgPzQWOr0Kmd3S6
Only in rare circumstances a lady acquires the caste status of her husband provided she pleads and proves her admission to the community of the husband by social acceptance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/VI9zUFM1cgAAKjJvl2hMJtXvj
”Vajpayee led NDA–Government was toppled for want of one vote.” Election set aside by a very small margin is not a ground to set aside judgement in election petition. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/9Al1g30G4pky8ZBm3sAq1YFyl
Lodging of accounts of electoral expenditure is aimed at transparency, purity and accountability. Disqualification due to failure cannot be avoided on flimsy grounds. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/I54EPy7agaxZvI2TGrmauuNGt
“Delay in completion of acquisition and payment of compensation is akin to State taking away the ‘oxygen mask’ from the gasping patient”. Karnataka High Court. permits landowner to sell 50% of the land under acquisition to payoff debts.
https://dakshalegal.com/judgements/actionView/0ID2rNfZY608pnqj9AaQ5frQM
”Arbitrary rowdy sheeting affects liberty, privacy and reputation of citizens.” Karnataka High Court issues exhaustive guidelines.
https://dakshalegal.com/judgements/actionView/er9u3dZ69aeHLTU0AZeWF3OQf
”Judges some times make law if the statutes made by the Parliament fall short of meeting the requirements of the time”. Karnataka High Court while awarding just compensation in motor vehicle case. (DB)
https://dakshalegal.com/judgements/actionView/wjNiFzZQ4HQ9gQX1OlCL4RTBr
Motor Vehicle Tribunal should adopt philosophy of the Constitution of India on ‘life’ and ‘dignity of human-being’ in assessing loss of future prospects to award just compensation. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/Nqbqtdvd2e8xgsRt8wrHHQfwh
Universities are not the notional extensions of the government departments, nor their vassals. Govt should stop poking nose in the affairs of the Universities. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/p3TVqnO7dsDfyniMWedikjTNh
Service Law. In the matter of ”ad-hoc appointments” and ”appointment by rotation”, rule of seniority need not be followed. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/UvYD8pcuwgo8kvfZtUwQwE4pG
Ordinarily in matters of recruitment, only aggrieved candidate can complain against illegalities in the process. Association of employees cannot espouse individual/personal cause of its members. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/061N1uQuPUsnn1XIWdnpqsmNI
Land acquisition cannot be frowned upon for lack of detailed consideration in Section 5-A report unless it is shown to be violative of provisions of the Act or in colourable exercise of power. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/eXKaC5L8wOOdncTtV0n52Vqke
Courts cannot don the hat of a town planner or that of an Accountant to minutely examine a lesser extent of land would have fulfilled the objective or whether the project could have been implemented satisfactorily at another location. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/ysGWMbEYYTcNT7kJHCPSJ4KCa
Substantial question of law under Section 260A of the Income Tax Act need not necessarily be a question of law of general importance. Karnataka High Court explains the meaning and scope of Section 260A. (DB)
https://dakshalegal.com/judgements/actionView/mDSRCm9R2Pj3fUsGKh5KtuP7R
”Ordinarily, in civilized jurisdictions functionaries of the constitutional bodies are not subjected to subpoena”. Karnataka High Court, while setting aside summons issued to the Election Commissioner of India in election petition. (DB)
https://dakshalegal.com/judgements/actionView/4wZc659KoqNzFkvG2HcH54RW3
Sale of explosive substance being ‘res extra commercium’ like the liquor, poison, etc., no citizen can claim an unrestricted fundamental right. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Ef5eQWlBoGWlu5dtbLI85OC2l
Re-determination of property tax by the Corporation under the KMC Act without prior consultation with Property Tax Board is impermissible. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1mwzg66hyNX6sDZb25otRJ07d
Transactions between banker and borrower are purely contractual. Private lending agency/Bank does not fit into the term ‘other authorities’ within the meaning of Article 12 of the Constitution. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/xyAOmSfXhBfoHFx3OGNG2iYVw
Intra-Court appeal is maintainable against an interlocutory order passed in an Election Petition under the Representation of the People Act, 1951. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/8xZNGnAVPWW8CpqYRFHKmGmIG
“The dead have no rights and can suffer no wrongs’’ (G W Paton). Section 394 Cr.P.C. providing for abatement of proceedings on the death of the accused is not unconstitutional. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/MqUfKlFORNfPn9L0FKXdGoj4d
”Mere possibility of ‘grave consequences’ is no ground to quash proceedings under Section 26 of the Competition Act, 2002”. Karnataka High Court imposes cost of Rs. 10 lakhs on Intel for abusing process of Court.
https://dakshalegal.com/judgements/actionView/Vka6Eem0119oYUTM8ALw2wvLS
Unless there is a ‘true dispute’ between the parties, arbitration clause in government contracts cannot be invoked on the basis of a ‘make believe dispute’ to withhold bills. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FSsU3b4KDZ1Yqaj7Clxq9J3F1
An accused who secures anticipatory bail with condition to co-operate in the investigation cannot normally seek quashment of the criminal proceedings. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/40EvHLN4hmDCBj2kFpqG1YAFp
Writ petition is maintainable against banks like Punjab National Bank functioning under the umbrella of the National Housing Bank Act, 1987. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/IBbsozoUk6JgVrNyCvJ49mXK8
Where the Statute does not prescribe the minimum fine amount, but, only prescribes the maximum, the authority levying substantial amount as fine has to give cogent reasons in support thereof. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/8whmYCmm9eXG2jWJ68RAZFAr4
Renewable energy. Licensing authority must take appropriate measures at the time of granting license to see that huge projects are not imperilled by avoidable litigations. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/L8DRHctXGGjodcrVVIsld0whg
Federation of Karnataka Chambers of Commerce and Industry is not ‘State’ within the meaning of Article 12 of the Constitution of India. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/w8OKzSagZSr25UtjhQzQN5qsf
Merely because the avowed objects of a private body linguistically partake the nature of certain functions which ordinarily governmental bodies do, it does not thereby become a limb or agency of the State. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/giheJQRI2w2LOoYAyy60pGhE2
Karnataka Certain Inams Abolition Act, 1977. Application in Form 1 seeking regrant of land filed after 31 March 1991 cannot be entertained by the Land Tribunal.
https://dakshalegal.com/judgements/actionView/IsrkJxC6pUFwmOLnFyWNb17gp
Devotees can question grant of occupancy rights in favour of Archak/Poojary under the Karnataka Certain Inams Abolition Act, 1977. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ZyhHSpLPUcvuzgFnVl5VO1hom
“Principle that the tiller of the land should be conferred occupancy rights is not applicable to the lands held by the Ex-serviceman”. Karnataka High Court orders restoration of tenanted lands to Soldier.
https://dakshalegal.com/judgements/actionView/9t3EJ6ppG2BGSdBc2NUw3ZxkK
Punja lands in Dakshina Kannada District can be brought under cultivation and occupancy rights can be granted u/s 48A of the Karnataka Land Reforms Act, 1961. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/W7PU8BZHQkz2DzjfxETgvCsRi
Karnataka Land Reforms Act. Tenancy cannot be claimed against a person who is not a landlord even within the extended definition. Karnataka High Court quashes Land Tribunal order after 25 years.
https://dakshalegal.com/judgements/actionView/Us62GMbpZ4o0i17JtpvP2MuU9
Promissory Estoppel. Concession given by a statutory authority cannot be withdrawn unless the concession was contrary to law. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/szxIZix9coUEDcDkWqM8nFdqf
Government cannot act as a robber of citizens lands; taking away private lands for the purported public purpose without compensation against the spirit of constitutional guarantee enacted u/a 300A. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6AWwXoV26eRdHh730kb45V87Q
Land acquisition. Enormous delay in passing awards. Karnataka High Court awards additional interest at 12% per annum from the date of the notification/possession.
https://dakshalegal.com/judgements/actionView/MUys3sBzUtzftFT6lzHNMQN05
When a public function/duty is to be discharged by a statutory authority, even when no time period is prescribed, the same has to be done within a reasonable time. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/92S6X6AdNqiGXFOGfEinzMAEp
‘Our Constitution is founded on human values’. Displaced slum dwellers who were granted Hakku Patraas and Possession Certificates are also entitled to Transferable Development Rights. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wCDmxg1LZuiMcdizxtReRK5ss
Acquiring body denotifying land from the acquisition proceedings; retaining the possession and allotting the land for industrial purposes. Fresh acquisition proceedings to rectify the mistake cannot be said to be illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sHdfFswQkTDFMn43BdDDxxukd
Forcible takeover of land for road widening simply because other landowners voluntarily surrendered their lands is impermissible. Karnataka High Court restrains Govt from interfering with landowners properties except in accordance with law.
https://dakshalegal.com/judgements/actionView/KgzxBwzMGfufa06OJZxv7H31S
‘Doctrine of Substituted Security’ entitles mortgagee to anything that is substituted for the mortgaged property. Bank can claim compensation amount if the mortgaged property is acquired. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EGC1vKzQYR3Xl4Kxg2XBGt9pn
Acquisition of lands under the National Highways Act, 1956. Landowners are entitled for solatium as if the acquisition has been made under the provisions of Land Acquisition Act, 1894. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/rEAkudLb0Q4fRM5pwrezw3mT0
The amendment of 2022 to the KIADB Act incorporating the provisions of land acquisition 2013 Act is prospective in operation, notwithstanding the word ‘deemed’ occurring therein. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/tdFoIhXBHiP8fpdWmwXZASPot
Decree for specific performance of sale agreement against allottee of a site can be enforced against the allotter BDA even when the BDA was not a party to the suit. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Lyn2r2SOedMTsuLZ3sHT0vwux
When a judgment is stayed, ordinarily, it is not prudent to press them into service as a binding rule, since its precedential force is in suspended animation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/3sJNciO9SoWGCSgN8d98OUwYM
Karnataka High Court invokes the principle of “Full faith and credit clause” under Article 261 to bind statutory body BDA to comply with intra-party decree even though BDA was not party to the suit.
https://dakshalegal.com/judgements/actionView/LEQne3UAbKWOoSCQE43DVLaz0
“Records of acquisition proceedings missing” cannot be pleaded in a Writ Petition to declare lapsing of acquisition proceedings especially when the names of the owners continue in the revenue records. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6ZvHuENXgEW94De62CmS6WuvF
Karnataka Land Revenue Act, 1964. Section 133. Where the RTC entries are made without any ‘title facts’ such as grants, alienations, they do not enjoy presumptive value even if they are long standing. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/iWUxFljY9uC9D0oCfQTsosOxy
”It is incongruous not to acknowledge the contribution of Veerashaiva/Lingayat Mutts in achieving the constitutional aspiration of eradicating illiteracy and its associated evils by providing free education without discrimination”. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/rRF9cdry5ys9UtmAF97mk3eFo
Transferable Development Rights. Once lands are surrendered by the owners, State is bound to issue TDR. State cannot contend that the lands are no longer required. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Vhiv86zsuHhblZY3jGeprUWRK
Confinement of Pontiff in prison/custody cannot be a ground to appoint Administrator to the Mutt in the absence of legislative sanction. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Vjo9hU7wVf7K7Scw6bN2OO4B5
“The Act is aimed at ‘distribution of material resources of community’ in the sense of Article 39(b) of the Constitution.” Karnataka High Court upholds the validity of the Karnataka Conferment of Ownership on Mulageni or Volamulageni Tenants Act.
https://dakshalegal.com/judgements/actionView/Ldzu8cBPaPyuHtiEOhNllSGcX
Copyright infringement. Merely because a civil dispute is being fought between the parties, the criminal proceedings cannot be halted, per se, on that ground. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/X7zh30s8QS7DyEwt6oMv98gZz
Prevention of Corruption Act. Giving effect to the orders of the superior officer/authority is part of official duty and cannot be construed as misconduct. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/TlamgjTYCh5aMzXONxW760rH6
“Janani Janma Bhoomischa Swargaadapi Gariyasi”. Karnataka High Court orders grant of parole to incarcerated man to see his dying mother.
https://dakshalegal.com/judgements/actionView/EyVaeIRjhAyAzOyjIFEMDBPvo
We are living in different times, of terrorism. ‘’Bail is a rule & jail is an exception’’ has spent itself when it comes to acts of terrorism. Karnataka High Court reject bail plea of accused involved in ‘K.G.Halli Riots’. (DB)
https://dakshalegal.com/judgements/actionView/aFC0UtUF9VOrAODWsEMnWn9v0
Abuse of social media is antithetical to the democratic process which has led to manipulation and fragmentation of society on the tainted lines of political ideologies. It alters civic engagement that may hijack democracy. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/MC9uC1j3hRwk1J6h7lW17HiEX
Information Technology Act. Power to block under section 69A(1) of the Act read with Website Blocking Rules is not tweet-specific but extends to user accounts in their entirety. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/tCYzaPdnSKbJIe9Irzs2KKust
Daksha Legal 