Justice Hemant Chandangoudar is celebrating his 54th birthday today.
Justice Hemant Chandangoudar was born on 28:9:1969. His father Shri. Rajashekar Chandanagoudar was a noted lawyer with vast experience in civil and land reforms laws. Justice Hemant Chandangoudar enrolled as an Advocate on 11:2:1994. He practiced under his father and conducted Civil, Constitutional, Service and Land Reforms mattes.
He was appointed as Additional Judge of the High Court of Karnataka and taken oath on 11:11:2019 and Permanent Judge on 08.09.2021.
Within short span of time, Justice Hemant Chandangoudar has earned the reputation of being one of the finest Judges having great judicial temperament and balanced approach. Justice Hement Chandangoudar is a keen golfer.
Important Judgments delivered by Justice Hemant Chandangoudar.
Passport Act. Mere pendency of criminal case not a ground to refuse renewal of passport to return to India. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/IYZyUTxTkrz6vQKoHzAM8m3Qi
Karnataka Societies Registration Act. Prosecution for not conducting annual general body meeting cannot launched after six months from the date of the alleged offence. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/j1ztmZf81oJ3xCdJE7mDIyY17
If land falls within Corporation limits, there is no requirement to obtain permission under Section 95 of the Karnataka Land Revenue Act for diverting agricultural land for non-agricultural purpose. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4Cf22BBPuGEHgl3yvzkl5DuxD
Criminal Law. Life imprisonment means imprisonment for complete span of life. Consecutive sentences in case of conviction for several offences at one trial does not arise. Application for clarification of sentence is not maintainable. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/k0E96nReluOkSg9gvuq8PnrHW
N.I. Act. Section 138. When cheque is delivered for collection within the territorial jurisdiction of a Court where the payee maintains the account, proceedings cannot be initiated in other place. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ESSCuN0zqriQ0coMIe4zq6joZ
When a Company nominates a Director under Section 49(2) of the Legal Meteorology Act, 2009, initiation of penal proceedings against other Directors is not permissible. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wynqYcXQrNs1NUmlfjcLeWQya
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. (DB)
https://dakshalegal.com/judgements/actionView/HbBtN5g8ZHicpKA3eaBENJyOJ
Customary divorce among Panchamasali Lingayats, though recognised under Section 29-2 of the Hindu Marriage Act, the same is required to be proved strictly in accordance with Section 60 of the Evidence Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/M3lu7cUEG3iXQjSJgdWwteNog
Attornment of tenancy in favour of purchaser is not required to initiate eviction proceedings under the Karnataka Rent Act, 1999. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/UJIgp8PAV6ubiZ69ljDsWs9pp
Karnataka Land Reforms Act. Tenancy created under registered lease deed by grandfather during minority of grandson. Same is binding unless the lease is challenged within three years after grandson attains majority. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/SwB7LT4spBIz5jKT1vV88ItHT
Land Acquisition. Challenge to land acquisition can be rejected by courts on the ground constructive resjudicata and res judicata. Issue regarding fraud already adjudicated binds subsequent proceedings. Karnataka High Court. (DB)
https://dakshalegal.com/judgements/actionView/d0X2XjoAT0FZy9dBVCr00kYdK
Undue influence, unless specifically pleaded in the plaint, cannot be assumed by the court based on evidence during trial. Karnataka High Court reiterates. (DB)
https://dakshalegal.com/judgements/actionView/QKHQY8Y45w2hsjzFSEP28j4gM
RTC entries in revenue records. Deputy Commissioner exercising power under the Karnataka Land Revenue Act cannot sit over the validity of registered title deed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2eJQtuXa2eDheElWlQcsWPBcW
FIR for the offence under Section 498-A IPC cannot be registered against woman alleged to be in illicit relationship with complainant’s husband unless essential ingredients of the offence are made out. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/lvN7kJwcmRKYBW8Laz8BFq5Z0
Defamation. When a class of persons are mentioned to have been defamed and if such a class is indefinite, the complaint cannot be entertained. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/7hbbZ0OP2YJJ5HldkNH4bA6Aq
Offence by Companies. A person cannot be prosecuted unless he is shown to be in-charge of the Company as Managing director or Director. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/l00aAxel9jRtWiFHtglyV9faC
Vendor committing breach of agreement to sell his property and returning the advance amount to purchaser does not constitute criminal breach of trust. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jDwyBCpVQut78C7ErmZL9V6GJ
SC/ST (Prevention of Atrocities) Act, 1989. ”Pre-existing civil disputes cannot be converted into offences under the Act”. Karnataka High Court while quashing criminal proceedings under the Act.
https://dakshalegal.com/judgements/actionView/ZKXD8ZifIuxSpuncQIW5inc2I
Negotiable Instruments Act. Directors of a company cannot be held vicariously guilty of the offence punishable under Section 138 when the company is not arrayed as an accused in the complaint. Karnataka High Court reiterates.
https://dakshalegal.com/judgements/actionView/WHoWFICspEWTW6pstF6BMiiz2
Mahazar drawn contrary to Section 100 (4) Cr.P.C. is only irregular. Same cannot be termed as illegal if seizure can be proved upon search conducted. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6OjcSJKK8Uh88flZn6rL263Sw
Person who gifted immovable property to Municipality on the assurance of alternative site is entitled to receive market value compensation if there is no provision for allotment of alternate site. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6tcnaGfT1PstdIrRgvApZlpyq
Obtaining power of attorney from property owner and selling the property to third party does not by itself amount to cheating unless obtaining the power of attorney was with an intention to deceive the owner. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/mOsgR6LejDZgENVSegGAIkCUv
Mere inducement to invest in money doubling scheme in the absence of dishonest intention to cheat the investor from the inception does not constitute either cheating or criminal breach of trust. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/3oMjL1hUwePHrwgQKdCuH291G
FIR lodged during pendency of civil suit between parties giving criminal texture to civil dispute and to wreak vengeance is liable to be quashed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/c3G6hMKPLNL7zZmWwpNcNmPnG
Bar under Article 363 of the Constitution to enquire into disputes arising out of merger agreement or instrument of accession between Ruler of an Indian State and the Government applies even to Revenue proceedings. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/yZJbLUEItqe8gQKqumFdIspAj
Drugs and Cosmetics Act. Serving Government analyst report on accused after expiration of drug’s shelf life deprives valuable right of the accused to get the drug re-analysed. Criminal proceedings are liable to be quashed Karnataka High.
https://dakshalegal.com/judgements/actionView/J4k3rRkxDhmyGTFdgDE25JlG6
Range Forest Officer cannot register FIR in respect non-cognizable offences under the Karnataka Forest Act without obtaining prior permission from the Magistrate. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/kymaUTX6bIcghtFpkU8xtiQFd
Director of a company who resigned by submitting required Form before the Registrar of Companies cannot be held liable for bouncing of cheque issued after his retirement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hP2uNRcOWRR00pLzAlmlxxJel
Private complaint in respect of a cognizable offence without complying with Sections 154(1) and 154(3) of Cr.P.C is not maintainable. Karnataka High Court reiterates.
https://dakshalegal.com/judgements/actionView/ORvcHiMN312tgRSCqGZQsuo9f
Conscious possession of live cartridges fully knowing the consequences is essential to constitute offence under Sections 3 and 25(1)(a) of the Arms Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/xQxUVXGsWbLUDhnf4Vq2DMsvL
When there is no clause prescribing minimum quantity of electricity to be purchased by Govt Electricity Company under Power Purchase Agreement, licensee cannot be restrained from injecting power generator into the grid. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/9aG4cQkVlyxZi56ReWF8AyKPy
To constitute offence under Section 3(1)(j) of the SC & ST (Prevention of Atrocities) Act, the accused must have employed the person for manual scavenging knowing fully well that he belongs to SC & ST community. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/mZUpgeGYTeOmehaWrp2Biuydi
Persons who had ceased to be directors of company cannot be arrayed as accused in proceedings under the NI Act in respect of cheque issued by the Company. Karnataka High Court reiterates.
https://dakshalegal.com/judgements/actionView/D9lXfgi4nQ5IfWE2yKMlululc
Instigating Police personnel to go on mass leave and to participate in the strike seeking redressal of grievances do not constitute the offence of Sedition. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/byjURSsWQHzUAGIRI2ApBXppu
Employee working under contractor sustaining injuries does not fall under the definition of ‘worker’ as defined under Section 2(l) of the Factory Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/5XcAFTLPlT6xs7I8raG5PDfPo
BBMP Act 2020. Whenever transfer of property comes to the knowledge of the Chief Commissioner through notice under Section 149, he is bound to enter the name of the transferee in the property tax register. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/GWNDti9eHnjVABS4ie5D6RlYd
Permission to demolish dilapidated building. Though issuance of notice to adjacent owner is not necessary, it is incumbent to notify when demolition poses threat. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/s6yxAVGsz58ZZ8m6eFstglu4E
Person who relinquishes land in favour of Corporation is entitled to maximum Transferable Development Rights as per the amendment to KTCP Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Gt5pub1C2BQK2p19CYOuSfKHM
President of a Gram Panchayat has no power under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 to cancel khata registered in favour of a person. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/PSR1baDjD6CKoRU4yYCdNmLMd
BBMP cannot refuse to change khata of property duly purchased under a registered sale deed only on the ground of third-party objection. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/BZENnuF53orZUT1UV1cL6dSpI
Gram Panchayat preventing licensed persons from carrying on business by introducing public auction without authority of law violates fundamental right under Article 19. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/WhQX68DGI8oAFXryN2UWMQQQs
Rejection of restoration application under the PTCL Act filed after 32 years. Remand of the proceedings on the ground of procedural irregularity cannot be ordered when fresh consideration is a futile exercise. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/SwZdZNFa1xGO9jEF5qbCBT3dI
Delimitation of wards based on the population is flexible clothing the Government with power to meet difficult situation since scale of representation may not be always uniform. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/E3ogq1f8YtQVO6izwCQA0TRtx
In the absence of restraint order, mere pendency of a civil dispute cannot be a ground to refuse sanction of layout plan. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/F6HU9nIbvjrPpdW8MODukc77I
Karnataka SC-ST – PTCL Act. Delay of seven years in applying for restoration of the granted land without any explanation for the delay. Application is liable to be rejected. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/iPmyEjO62jHJSYJMlhDobhicD
”Elections are the essence of democracy”. Karnataka High Court directs the Govt to provide reservation for women in the wards having greater women population and to hold elections at the earliest.
https://dakshalegal.com/judgements/actionView/qLfvuiN3dyJsV8kOwPrk4aoGj
When a statutory appeal is rejected as not maintainable, the appellate authority cannot make observations on merits touching the rights of the parties. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1CD0yWugXJAtYwxUO5fQW1RNd
Even the delay of 25 years cannot be a ground to reject application for restoration of deleted entry in revenue records when the applicant acquired the title by registered sale deed which remains unchallenged. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/8fzCFHYbEBLQXe7w62Jv7vSNP
Limitation to apply for cancellation of khata under Section 114A of the Karnataka Municipal Corporations Act is three years from the date of the order and not from the date of knowledge of the order. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/tylImX3RgHtkSWu8dZY0behJQ
Power of the Deputy Commissioner to demarcate Panchayat area also includes inclusion or exclusion of fishing lakes. Karnataka High Courts.
https://dakshalegal.com/judgements/actionView/Smgn3SlW2hXOMjB1Pbj8ohdW4
Transfer of land allotted in a public auction for an upset price does not attract the provisions of the Karnataka SC/ST (PTCL) Act, 1978.
https://dakshalegal.com/judgements/actionView/AIraUAEcVa3cHn9iS9nN3D0vC
Cheque bounce case. Partnership firm cannot be held liable for dishonour of the cheque issued by a partner in his individual capacity. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/7JAONypVR8L6iMXI4CQGskK2f
Prior service rendered by a teacher in Government Aided Institution shall be counted for the purpose of fixing pension. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/D4zKjT0eX8FQTodjwwUPXTTTU
Criminal proceedings under the Karnataka Private Medical Establishment Act, 2007 cannot be initiated except on a complaint in writing by the authorized officer. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/mnvMf8dZvndsCtjBbt9EcYRbe
Essential Commodities Act, 1955. Criminal proceedings cannot be initiated only against manager of company without arraying the company as accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/mFsrQMxiPc0oNLrqjsAnOSGIm
Insecticides Act, 1968. Criminal proceedings cannot be initiated only against director of company without arraying the company as accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/dF5GLg3oZyQiUpIYrWoJCzdK8
When agricultural land falling within local planning area is designated for residential purpose, the permission shall be deemed to have been granted subject to payment of fine prescribed under the Karnataka Land Revenue Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QylbHj1fO7jWmQwBkhkEq9KtB
Essential Commodities Act. Manager of a company cannot be prosecuted for substandard goods unless the manufacturer/company is arraigned as an accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EzCAbhsqHl5ZTme6Fro91qFgy
Post-dated cheque presented beyond the period of three months from the date the cheque bears will not attract the provisions of Section 138 of the N I Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ifUf91wuAJ6yYFaS58OEH1SFd
Before initiating criminal proceedings under the Factories Act, the authorities should pass an order on the reply submitted by the occupier or the factory manager to the show cause notice. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FirtWi1IcJtGX55jokm6b6ein
Persons nominated under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are not eligible to be included in the electoral roll of the Local Authorities Constituency. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/n7ugD6CJtWkRQiO1MPPt3blIR
When quality supervisor is appointed by a Company under the Fertilizer (Control Order), director of Company cannot be prosecuted for the offences under the Essential commodities Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/czMZAfWAelUeWHObYC6lNSUhP
Criminal prosecution launched under the Insecticides Act against director of company without arraigning the Company as an accused is not maintainable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/H4HRezLcYQhK1OQY4SblfmjcD
When company is alleged to have committed offence under the Karnataka Forest Act, prosecution cannot be launched only against the directors without making the company an accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/aOvgmMHfTKoR85ksEAmA6yALe
Proceedings under Section 138 N.I. Act cannot be initiated against a person who ceased to be director of a Company as on the date of issuance of the cheque. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ad19pWcZiSVEuhtSoUPKXEDCx
Legal Metrology Act. Common complaint in respect of several distinct offences based on different causes of action on different facts and different nature is not maintainable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/emrk8w7in3Vet6Z6enOinQw2s
Sales officer does not fall within the definition of workman and hence cannot raise a dispute under the Industrial Dispute Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EuJG3lahnCwiopA8gnMmzCCNV
Karnataka Prohibition of Charging Exorbitant Interest Act, 2004. Police conducting raid without registering FIR at the first instance is illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ZWlkUQgxzZY5iXAcbHzeSR96T
While considering the application to engage private Prosecutor under Section 302 Cr.P.C, the Magistrate must form an opinion as to whether cause of justice would be subserved. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ycBBANaMyJO88fELyDbP8g1GZ
Karnataka Excise Act. Police Officer entering and conducting search without search warrant or without recording the reasons for dispensing with obtaining search warrant is impermissible. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/lCc9SFQHyu29aJSyTKgBJqu42
Death of employee due to the negligence of the owner/occupier of the factory. Simultaneous prosecution under Section 304-A of IPC and Section 92 of the Factories Act is not permissible. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Pss0vLAdKgL2IgINsv89rHyvp
Karnataka Tax on Entry of Goods Act. Denatured spirit and ethyl alcohol are two different products. Clarification cannot run counter to the Tax Entries to levy entry tax. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/vgnf93T2JSqPcRRAvpynVWpo1
Insecticides Act. Prior written consent by the State Government or a person authorized by it is mandatory before initiating the criminal prosecution for an offence under the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/UwXvDe0h8garSI86dvF7vn6S0
Insecticides Act. Criminal prosecution only against employee of Company cannot be launched without arraigning the Company also as an accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/5VqRdVFKSK94hUqC98j82shRH
Employee of an alleged scamster company cannot be criminally prosecuted unless it is shown that he connived with the fraudsters. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/kyn7Ybwax9bq7UW1RzH9a52Rx
Prosecution for obtaining false caste certificate can be launched only if the certificate is cancelled by the Competent Authority. Magistrate cannot decide the validity of the Caste certificate. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wOE9XpoTUaBLinXLmrJ3uE1q3
Registration of the FIR under Sections 30 and 35 of the Arms Act which are non- cognizable cases without the order of a Magistrate is illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/0CEPpJx9o5hT8hnKGlubc7zLa
Sale of property pursuant to proceedings under the SARFAESI Act for the default committed by the borrower cannot be given the colour of criminal offences. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/bOwtLFW7pO8fCeyLihPA59CAg
Failure to pay fashion event organiser does not amount to fraud under Section 420 IPC unless there are clear allegations of intention to defraud from the inception. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/laBANU3hGwwtVjL8cgrKLfzAp
Wild Life (Protection) Act, 1972. Cognizance cannot be taken merely on the basis of the final report submitted by the Range Forest Officer. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/xPcoiRvgMJSiOE7bUA1oH07CO
When the purpose of land acquisition is same and lands are similar, same amount of compensation shall be paid to owners, though the lands are lying in different villages. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/9yLCxXaQ6jhuAIBKs9Zd68qPR
Registration of multiple FIR by same person against the same accused based on the same set of facts and the same cause of action is impermissible and violative of Article 21 of the Constitution of India. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/bqcPkZRAFD0CbcArwHfNQTz76
Wild Life (Protection) Act. Magistrate cannot take cognizance merely on the basis of final report by the police unless there is a complaint made by a person prescribed under Section 55A of the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/LUpWLOg9VYXJt8xZX4YldKVqs
Before taking cognizance of offence under Section 138 of N.I. Act against out of station accused, preliminary enquiry must be conducted as contemplated under Section 202 of Cr.P.C. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/U6cr6GKI2LERjunR6Er7bskrg
Company purchasing stolen gold jewellery. Employees of the Company cannot be prosecuted unless the Company is also made accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/aWbKlpHhLwxU68hmMeKaTucks
Removal and transportation of sand after obtaining prior permission of the Government does not attract penal provision of Section 379 of IPC since the Section implies removal of the property belonging to another person without consent. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QUJbdjErTiqgmyrHcgbBvaFQi
Investigation of non-cognizable offences. Mere endorsement by the Magistrate ‘permitted’ on the requisition cannot be construed as order under Section 155(2) of Cr.P.C. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QeUhepjU2M04pql2ao3hUfxcs
Magistrate cannot register the case on protest petition without first passing orders rejecting the ‘B’ report. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/AODTZAawnSWoifNOY8q8laffR
Prevention of Corruption Act. Competent authority to grant sanction to prosecute head of the Department is the Cabinet. Minister in-charge has no power to grant such sanction. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/iyg9HqcOz2FF9F3FGssU4zIFM
No criminal proceedings can be initiated against Notary Public except by an officer authorised by the Central or State Government by general or special order in this behalf. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/CJoQ7J8zU4xBs6CW7C8My1TCp
Tax cannot be levied on telecommunication towers erected by the Bharat Sanchar Nigam Limited (Government of India undertaking) on the immovable property belongs to it, or the Union of India save as the parliament may by law provide. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/3Xwq9jTHKJs4U2YhMz9c4TS7e
Suit for partition by woman coparcener is not maintainable if the ancestral property was sold before coming into force of the amended Section 6 of the Hindu Succession Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/P2MxaZz15WlWu4IzMoyjPRtLJ
Companies Act, 1956. Offence under Section 217 is not a continuing offence. No criminal prosecution can be launched beyond six months in view of Section 468(2)(a) and (b) of Cr.PC. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jbYeopNntWxR4HGvEeA8QGsuN
Suit filed by Bank for recovery of loan amount due from its debtor is not barred under Section 34 of the SARFAESI Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EtQAj7uYjnpy37Xz5wrQNCc8G
Labour Court awarding partial backwages for proven unauthorised absence of workman for a long period runs contrary to the principle of ‘no work, no pay’ and cannot be justified under Section 11-A of the I D Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1Gsp3yu2p9Oki7haHwebZSsBk
“Prohibition of outdoor advertisement on non-residential private properties violates Articles 14 & 19(1)(a) and (g) of the Constitution of India” declares Karnataka High Court. Directions issued to take strict action against unauthorised hoardings.
https://dakshalegal.com/judgements/actionView/dOi0F3IThoyzWowsPSuvo7ObN
No estoppel against statute. Landowners cannot be deprived of compensation for the Road Margin Area even though they accepted condition and derived benefit under the approved plan. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/eMu2sJos8z9BGvUr6W8NsnyMI
Suit for permanent injunction. Pendency of tenancy dispute under Land Reforms before Tribunal does NOT prevent civil court to deal with issue of possession and to grant temporary/permanent injunction. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ScJh0BKRkGlwhdd1MQj90YFPM
Industrial Disputes Act. Labour Court must quantify monetary value payable to the Workman before directing the employer to implement the award under Section 33 (2) (c). Karnataka High Court.
https://dakshalegal.com/judgements/actionView/AN331tTek5emkbZCbg2PES1AL
Microbreweries also fall under the Karnataka Excise (Brewery) Rules and are entitled for refund/adjustment of unutilised excise duty and additional excise duty. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/xJU9aqRJYJIvhB1znFjqpTVhk
Offence under Section 78 (3) of the Karnataka Police Act is non-cognizable. Police officer cannot investigate the offence without obtaining orders from the Magistrate. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/coRFjiB0G2ke7XQ1PPLwIDh6J
Word ‘permitted’ is not an order under Section 155 (2) Cr.P.C. Registration of FIR, in the absence of valid order as specified under Section 155 (2) of Cr.P.C. stands vitiated. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6QAQe1f4r75szw4EN6RbUP4IX
Deputy Commissioner need not follow the procedure prescribed in Rule 5 of the Karnataka Excise Licences (General Conditions) Rules, 1967 while renewing the license. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/qjlgQPQrfVXAPSpNFO1SH6i7d
Religious Institution (Prevention of Misuse) Act, 1988. Election campaign in the temple premises by person who is not in-charge of the affair of the Temple does not attract the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/BsgpKzXTcAM25Z3sOhWQyg6zv
Income Tax Act. Magistrate can take cognizance for the offences under Sections 277 and 278 only on the basis of complaint by the authorized officer with prior sanction from the competent Authority. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/IkRmBpZ1YA70nan88DDcoATWt
Karnataka Police Act. Playing ‘’Andhar Bahar” in private house does not attract Common Gaming-House under the Act. Prosecution cannot launched in such a scenario. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/MCsjqs6fm1r7ZOkQBUqkBrVO2
Karnataka Excise Act. Conducting search without obtaining order from the Magistrate and without recording the grounds for its dispensation under Section 54 is illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EpD3JyqbM1E6rgCF79ey20d0Y
Mere pendency of litigation, in the absence of any restraint order, cannot be a ground for the Corporation not to enter the name of the purchaser in the khata. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sxa7XpjNCWSIooAKUORWOM11J
Mere pendency of civil dispute is not a ground to refuse sanction of building plan. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/8by2vUl1sQUSwh7By3TRlw4Ey
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