Hon’ble Justice B.M. Shyamprasad celebrates his 53rd birthday today.
Hon’ble Mr. Justice Bhotanhosur Mallikarjuna Shyam Prasad was born on 8th January 1971. He was appointed as Additional Judge of the High Court of Karnataka and took oath on 14:2:2018 and Permanent Judge on 7:1:2020.
Important Judgements delivered by Hon’ble Mr. Justice B.M. Shyam Prasad.
Property inherited by a female from her parents reverts back to heirs of her father on she dying intestate and without issues. Suit for declaration by husband claiming such property ought to be rejected under Order 7 rule 11. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NWLKO48RRXZ6i2vVzSBW34wIs
Once parties acknowledge existence of arbitration clause, Court can appoint arbitrator even if stamp duty is insufficiently paid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/u2ntQqAc5HYTyzYrqEjahBZVD
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court. (DB)
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Arbitration and Conciliation Act. When arbitrator withdraws from the office, substitute arbitrator can be appointed only under Section 11 read with Section 15 and under Section 29A(4) thereof. Karnataka High Court.
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Appeal court should not allow amendment unless there is an error in the decree of the trial court and when the amendment relieves the party who lost the case from the consequences of a decision rendered on merits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/C2RKlsSnuzv8PR0K2MiDB7jnv
Karnataka Court Fees and Suits Valuation Act, 1958. Suit for cancellation of sale deed in respect of agricultural land. Valuation is based on the land revenue and not on the amount shown in the sale deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XHwSeoIldKEHJ5yZMh1SbjsQr
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court.(DB)
https://www.dakshalegal.com/judgements/actionView/6kOPhZhSX9PhLmdSbdJoyg0VF
Karnataka Land Revenue Act. Questions of facts that impact title cannot be decided in proceedings under Chapter XI. Karnataka High Court.
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