Hon’ble Mr. Justice Shankar Ganapathi Pandit is celebrating his 58th birthday today.
Hon’ble Mr. Justice Shankar Ganapathi Pandit: Born on 16th November 1965. Appointed as Additional Judge of the High Court of Karnataka and took oath on 14.02.2018 and Permanent Judge on 07.01.2020. As a Lawyer he represented many statutory bodies such as BMRDA, BIAAPA, KSFC.
Important Judgments delivered by Hon’ble Mr. Justice S G Pandit.
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court. (DB)
Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.
Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court.
KIADB Act. Though no time limit is prescribed for publication of the final notification after the preliminary notification, if the final notification is not issued within two years, the acquisition will lapse. Karnataka High Court.
Motor Vehicles Act. Power of the Tribunal or the High Court to award just and fair compensation to the victim is not taken away because of prayer for a lesser amount. Karnataka High Court. (DB)
Education. ”On account of the pandemic, one cannot give up maintaining standards of education”. Karnataka High Court while rejecting plea of law students to dispense with exams. (DB)
Caste Certificate and Creamy Layer Certificate cannot be treated alike. Caste Certificate status is permanent whereas Creamy Layer Certificate status varies from time to time depending on income. Karnataka High Court. (DB)
”Look Out Circular” cannot be sought by the bank for recovery of dues unless economic interest of the country is involved. Karnataka High Court.
When the statutory body fails to honor its commitment to allot industrial plot, it is bound to refund the entire amount paid by the prospective allottee. Karnataka High Court.
Writ Petition challenging provisional seizure order under Section 37A of the Foreign Exchange Maintenance Act cannot be entertained since it is subject to confirmation of the Competent Authority. Karnataka High Court.
Karnataka Civil Services Rules. No enquiry can be initiated against a retired person in respect of an event which had taken place more than four years prior to the enquiry. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Initiation of proceedings 7 years after the sale that too after receiving the entire sale consideration is hit by doctrine of unreasonable delay. Karnataka High Court. (DB)
Hindu Marriage Act. Mere inability of the wife to obey decree for restitution of conjugal rights is not a ground to dismiss her petition for divorce. Karnataka High Court. (DB)
Obtaining approval or sanction from the Government is not mandatory while issuing Preliminary Notification under Section 4(1) of the Land Acquisition Act for acquisition of lands in favour of the Karnataka Housing Board. Karnataka High Court. (DB)
When the State takes over private land of a person who has undisputed title over it, the owner cannot be asked to approach the civil court for compensation. Refusal to pay compensation violates constitutional mandate. Karnataka High Court. (DB)
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court. (DB)
Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.(DB)
Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court. (DB)
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