Justice Ashok S Kinagi celebrates his 54th birthday today.
Hon’ble Mr. Justice Ashok S. Kinagi: Born on 01.01.1970. Enrolled as an Advocate in the year 1995. Practiced in High Court of Karnataka, Kalaburagi Bench from 2008 to till date.
Practiced in the field of Civil, Land Acquisition and Service Matters etc,.
Panel Advocate – Hyderabad Karnataka Education Society, Gulbarga, Khaja Banda Nawaj Education Society, Gulbarga, Alstom Project India Limited, Shahabad, ACC, Wadi, Karnataka State Financial Corporation, Karnataka State Industrial and Development Board, Ganesh Co-Operative Bank, Gulbarga, Punjab National Bank, Gulbarga, Hutti Goldmines, Hutti, Dist. Raichur, The Karnataka Power Transmission Corporation Limited.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important judgments delivered by Hon’ble Mr. Justice Ashok S. Kinagi.
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. When earlier suo-motu proceedings were dropped by the Assistant Commissioner, fresh proceedings cannot be initiated by the grantee without challenging the said order. Karnataka High Court.
Karnataka Land Grabbing (Prohibition) Act. The Civil Court must record a clear finding about land grabbing in order to transfer the case to Special Court. Karnataka High Court.
Land restored under SC/ST (PTCL) Act to original grantees cannot be construed as Government land to invoke the provisions of the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.
Constitution of India. Article 226. In a writ petition challenging the interim order passed by a Labour Court or Industrial Tribunal, refusal to interfere is a rule and interference is an exception. Karnataka High Court. (DB)
Intra-court appeal under the Karnataka High Court Act is not maintainable against an order passed by the Single Judge assailing an award passed by the Labour Court. Karnataka High Court. (DB)
Even an earlier registered sale deed does not confer right over property declared subsequently as Wakf property as long as the declaration is not set aside. Karnataka High Court.
Application for amendment of pleadings cannot be entertained after the commencement of trial, unless the party could not raise the issue before commencement of trial. Karnataka High Court.
Corporation cannot demand tax in respect of an industrial plot unless the industrial area is included within the Corporation limits. Karnataka High Court.
Khata of property cannot be changed when civil suit in respect of the property is pending adjudication before the Court. Karnataka High Court.
KMMC Rules. When the order of Competent Authority is approved by the Controlling Authority, who is also the Revision authority, Revision can only be filed before the State Government. Karnataka High Court. (DB)
Committees under Article 194(3) of the Constitution are not vested with adjudicatory jurisdiction which belongs to judicature under the constitutional scheme. Karnataka High Court. (DB)
Allotment of industrial plot cannot be cancelled on the ground of delay in implementing the project when the delay is attributable to reasons beyond the capacity of the allottee. Karnataka High Court. (DB)
Transfer of Property Act. Upon valid transfer of property, attornment of tenancy takes place and the tenant cannot question such derivative title. Karnataka High Court.
Property of first wife dying intestate goes even to the legally married second wife after the death of her husband. Karnataka High Court.
Unless the factum of Benami transaction is established, property purchased in the name of female becomes her absolute property. Karnataka High Court.
Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.(DB)
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
Allotment of industrial site cannot be cancelled when the allotting body itself has not complied with necessary conditions. Karnataka High Court.
Daksha Legal 