Hon’ble Justice K S Mudagal is celebrating her 60th birthday today.
Hon’ble Justice Kottravva Somappa Mudagal: Born on December 22, 1963. Obtained B’Com, LL.B. from Karnataka University, Dharwad. Joined legal profession on 6th July, 1988 as an Advocate at Dharwad and Bangalore. Appointed as District Judge on 17.06.1998. Sworn in as an Additional Judge of the High Court of Karnataka on 14th November, 2016 and Permanent Judge on 03.11.2018.
Important Judgments delivered by Hon’ble Mrs. Justice K.S. Mudagal.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Dismissal of the main suit does NOT absolve the defendants of their liability for breach of injunction order. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Party knowingly violating injunction order cannot contend that the order is null and void or irregular and hence need not be obeyed. Karnataka High Court.
Father is liable to pay maintenance to the major daughters and also their marriage expenses. Karnataka High Court.
Rejection of Plaint. When plaint is sought to be rejected on a pure question of law, the application cannot be dismissed on the ground that the same shall be considered on a full-fledged trial. Karnataka High Court.
Lok Adalat award in respect of cheque bounce case. Amount can be recovered by Fine Levy Warrant under Section 421 Cr.P.C. Karnataka High Court.
Daily waged employees working in the local bodies like Zilla Panchayats, on their regularization, are entitled for payment of gratuity from the date of their initial appointment. Karnataka High Court.
Delay and laches in filing Writ Petition. Where respondents/authorities are themselves guilty of delay and latches, they cannot raise such plea against petitioner. Karnataka High Court. (DB)
UAP Act. Informal body of individuals ‘concerned’ with the terrorist act, though not actually involved in terrorist act, is also covered under the definition of ‘terrorist gang’. Karnataka High Court. (DB)
Review Petition by non-party to the proceedings. Court can review compromise decree recorded in Regular Second Appeal if there was suppression of facts affecting the rights of third party. Karnataka High Court.
Rider of two-wheeler not possessing driving license. Insurance Company is NOT liable for compensation. Karnataka High Court. (DB)
Unregistered sale deed cannot be received in evidence even for the collateral purposes of proving possession. Karnataka High Court.
Civil suit questioning attachment of property under the Karnataka Co-operative Societies Rules is not maintainable without exhausting the remedy provided under Section 101 of the Karnataka Co-operative Societies Act. Karnataka High Court.
For the lands falling within Corporation limits, there is no need to obtain conversion from agricultural to non-agricultural purpose under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.
Hindu Law. There can be partition of ancestral properties among the cousins and need not always be among the direct brothers. Karnataka High Court.
Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Occupancy rights granted under the Karnataka Land Reforms Act in favour of one of the member of the family enure to the benefit of the members of the joint family. Karnataka High Court.
Industry showing payment of overtime wages as conveyance charges to evade the ESI contribution. Karnataka High Court imposes exemplary cost on the appellant industry. (DB)
Daksha Legal 