“Know Your Judge”. Justice Anant Ramanath Hegde. Karnataka High Court.

Hon’ble Mr. Justice Anant Ramanath Hegde celebrates his 53rd birthday today.
He was born on on 7th March 1971 at Sirsi in North Kanara District.
He completed the degree in law in June 1994 from the University College of Law, Dharwad Commenced practice in Sirsi courts in July 1994 under the guidance of grandfather Sri. A. M. Hegde and father Sri. R. A. Hegde.
After the establishment of the High Court Bench in Dharwad, in 2008, he started practice in High Court Bench at Dharwad.
Justice Anant Hegde was sworn in as Additional Judge of the High Court of Karnataka on 08.11.2021 and as Permanent Judge on 21.09.2023.
Important Judgements delivered by Hon’ble Mr. Justice Anant Ramanath Hegde.
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.
https://www.dakshalegal.com/judgements/actionView/RdwNGdXfjDc2PcIiDJDuDt1CB
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.
https://www.dakshalegal.com/judgements/actionView/gZeUGT7o3ig8p2wuWUtS939ev
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.
https://www.dakshalegal.com/judgements/actionView/pvH8V0Px2wNa8X00sUAsryd1i
Service law. Principle that ‘Rules of the game cannot be changed once the game has begun’ does not apply if the change is not illegal or contrary to any provision of law. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GCRwQKEXG0foNBq2gnxNgv93S
When the application under Section 11(6) of the Act is pending consideration before the High Court, Arbitrator cannot be appointed by the authority named in the arbitration agreement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2SUMp8AtBfydSAgxtLWPu923k
Appointment of Court Commissioner under Order XXVI Rules 9 and 10 of the Code of Civil Procedure. Karnataka High Court lays down authoritative guidelines.
https://www.dakshalegal.com/judgements/actionView/vmskd6wY1WwYmON61BACgn4XP
Hindu Succession Act. Amended Section 6. Person who alienates properties in violation of injunction order of the court cannot take advantage of the alienation by taking shelter under the proviso to Section 6(1) of the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Kj2ioO0oiqGcZnVKNqx5MG9F9
“The concept of ‘justice at the doorstep’ flowing from Articles 14 and 21 can’t be an empty formality”. Karnataka High Court suggests increase in the pecuniary jurisdiction of the District Courts to avoid flooding of the First Appeals in the High Court.
https://www.dakshalegal.com/judgements/actionView/HBFNV3HI7iqPO8fymoMgbPcaC
Hindu Succession Act. Partition of properties inherited under Section 8 will not change the nature of the properties to coparcenary. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/7WkHgBZXZWIZPMLmRL8htCCb5
Revenue entries coupled with possession can be relied on in support of the plea of earlier oral/unregistered family arrangement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/r4m6A72s3g57m6WRBTU4VViEa
Arbitration Act, 1940. Arbitrator cannot award damages for an alleged breach of the contract when the contract does not provide for such damages in the event of such breach. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RzP00a4U1PP4ReXvz5yV5zF9v
Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ViKRSuf6dc5AJg77rph6Xeyex
Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CdvRapED3CalZaaHCqHXodbpb
Bombay Public Trust Act, 1950. When the requirements under Section 92 of the Code of Civil Procedure are met, the Civil Court ought to grant permission to sue. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ntjZGbJK0IniXUi7wfQkLj2M8
Agreement to sell recording delivery of possession of property before expiry of 15 years contemplated under Section 61 of the Karnataka Land Reforms Act is void and unenforceable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9yU4efgwuBt3ibTXAvI0pHMuD
Photostat copy which is compared with its original is admissible as secondary evidence if other conditions required for production of secondary evidence are met. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BmFE8KSe11kFEQc51RbJVfrBf
Widow of coparcener cannot be disqualified from inheriting her husband’s share in the joint family properties on the ground of she leading an unchaste and immoral life. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Y5POn9eQWL3xijDyiS8Z5QjO2
Land Acquisition. Time to file cross objections by the landowner starts from the date of receipt of notice of the appeal filed by the beneficiary and not from the date of the award. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oMUyK8mMJ5TFp5WMRgmk88K7r
Land acquisition. Courts exercising jurisdiction under Article 226 of the Constitution have the power to shift/ alter/ fix the date for reckoning the market value under certain circumstances. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fqhA0ZhGbD82AbYELzz8FHcen
Karnataka Excise Act. Induction of wife of the deceased partner cannot be construed as creating new partnership or new entity for the purpose of issuance of licence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1fRQ5KodlEcTRRqWt8JrMtfXl
‘Special provision in favour of women should also pass the test of equality.’ Karnataka High Court strikes down Indian Military Nursing Services Ordinance, 1943 in so far as providing hundred percent reservation for women in the cadre of nursing officers.
https://www.dakshalegal.com/judgements/actionView/U5M9iSZOvCpqe0alAt8OJByzm
Karnataka Stamp Act, 1957. Authorities cannot recover stamp duty ‘not levied or short levied’ beyond the period of five years unless there is fraud, collusion, wilful mis-statement or suppression etc. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nOEVpBzE2bhk8DnwvUejBCM6m
Mere irregularity in preparation of voters list in election to local body does not confer right on the members to assert as eligible voters and for counting their votes as valid votes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yQSwgScp7Nm8ldCmsiOTO8T4d
Karnataka Co-operative Societies Act. Registrar of Co-operative Societies has no jurisdiction to deal with question relating to approval of regulations applicable to members of Common Cadre Committee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EfM0F8z4t96wnQCZvtiMrSNxn
Nominee or legal representative of deceased member of a Co–operative Society, admitted as a member cannot vote and contest in the election if he does not fulfil the eligibility criteria. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WBTdeOWpw3nXqbox3iT3ZvYXy
Membership in a Co-operative Society is the basic eligibility to contest in an election. In addition, the member has to fulfil additional eligibility criteria if any fixed under the Statute and Bye-law applicable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/5nhbfdgs0EjP3iq6c8SiYoGnO
Disqualification of membership in a Co-operative Society on being appointed as paid employee in the same Society. The membership will not automatically revive upon resignation to the employment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sFlhqkPtunAbnNvRB3GMsUmpa
Civil Court has jurisdiction to decide shares of joint family members in the properties in respect of which occupancy rights are granted by the Land Tribunal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zLtebXwOg6yo3c5WjkXxN1xV7
Principle that respondent can question adverse finding in judgment without filing an appeal does not apply to an adverse decree against him. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PebgiAuBsym9eKwix28kribwB

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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