Hon’ble Mr. Justice Vedavyasachar Srishananda celebrates his 58th birthday today. Justice Srishananda was born on 29.03.1966. He was appointed as Additional Judge of the High Court of Karnataka and taken oath on 04.05.2020 and Permanent Judge on 25.09.2021. His father Shri. Vedavyasachar is one of the leading lawyers in Karnataka known for his command over Civil laws and extensive practice in that field.
Important Judgments delivered by Hon’ble Mr. Justice Srishananda.
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wbnmmbTyGhLBHbzQWaHLIGcTN
Copyright Act. When once positive action is taken by the copyright holder of infringement, action under Section 60 challenging groundless threat of legal proceedings would no longer survive. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/SAcs1pPMPVj3v2NPX8CjCwm2N
Suit challenging a compromise decree passed before the Lok Adalath on the ground of fraud is not maintainable since the only remedy is to question the same under Article 226 and 227 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vvOaN6gF7FQhPjsU9Ii0cebZs
Daughter-in-law cannot claim maintenance against her parents-in-law under Section 125 of the Criminal Procedure Code. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kPtjApw9uZLD9gOrw9ffVoRR4
Plea of prior partition in a suit for partition is available only if all the necessary parties were included in the earlier partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eMgQkQNDQUv6q5kPXnY9x8bsZ
Income Tax Act 1961. Company ceasing to exist on the day of passing assessment order as a result of its merger under the approved scheme of amalgamation. Assessment order against such non-existent company is invalid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FAWoQOXlZLfmfu3z5vewi8RDF
‘Acid attack is not only a crime against victim, but a crime against the entire civilized society. It is high time to deal with the acid attackers with iron hand.’ Karnataka High Court upholds life sentence to acid attacker.
https://www.dakshalegal.com/judgements/actionView/0YkRvJRrnLkrok11ekMO10wLD
Criminal Procedure Code. Section 267. Accused can NOT be detained by the jail authorities only on the basis of ”body warrant” without there being any detention order or judicial order. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uHJh3z9PYXVFk1KZp3n2a3Hio
Public nuisance. Executive Magistrate must afford sufficient opportunities to the parties and record evidence and arrive at a legal finding that the action complained has resulted in nuisance to the general public at large. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OlyzjPD8LGdJGbFKW1Uu1f2Y9
Bulk allotment of lands in favour of house building co-operative societies by BDA is valid and the society can seek permanent injunction on the basis of such bulk allotment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jcYPNcWA1OnAsTgzfsjt5n1FA
Statutory body using public money to indulge in frivolous litigation. Karnataka High Court imposes cost of Rs. 5 lakhs on the Bangalore Development Authority.
https://www.dakshalegal.com/judgements/actionView/sEp8AlnggOxhUJq7Lifwdbq5f
POCSO Act. Special Judge has no power to reduce minimum sentence of seven years for the penetrative sexual assault punishable under Section 4. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/elCK4hqctbj6MbVNFhrL0iCXP
Acceptance of ‘B’ report by the Magistrate cannot be reversed by the District Judge in revision without issuing notice to the defacto complainant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xIrHntA9nSiv3dPw9oHHu0JER
Protection of Women from Domestic Violence Act. Husband cannot be forced to keep both first and second wives in the same house. Karnataka High Court modifies trial court order.
https://www.dakshalegal.com/judgements/actionView/WQOdfRT8KGZGFXry16SwHc5TO
Wills. Attesting witness is not just a ritualistic signer of a document. He is a key player in putting the plan of action of the testator into reality after the death of testator. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6BlQsiwwg8tLsEq1rOkx6Hqie
Being physically handicapped by itself is not a favourable factor in considering the bail application of the accused when the gravity of the offence is serious in nature. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MnRIcmtnBlKPmIPV0iuYhe54x
POCSO Act. Undertaking by the accused that he would marry the victim girl if released on bail cannot be countenanced either to grant bail or to quash the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nJaPDrJxKoa32QsiLCDObz9SL
Initiation of criminal proceedings under the Karnataka Protection of Interest of Deposits in Financial Establishment Act against director of a company without preliminary enquiry is illegal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rYHN5JxyE29862S5lJi6rJRbd
Insecticide Act. Non impleading the company who manufactured the pesticides vitiates criminal prosecution. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/u122zBeefiwhpnTrOzStEa55K
Anticipatory bail. Though Court can’t hold a mini trial on merits, usage of deadly weapon and attack on vital part of the body are factors to be considered to reject the petition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ENAznsletM4XsJCFUn8yL6WOY
Violation of privacy. There is no requirement for the Police to take permission of the Magistrate to register the case under Section 66E of the Information Technology Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Cpth124GZBcGSETM7yfE9Jt4L
Second marriage by Muslim woman without divorcing the first husband is ‘Batil’ and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oGwTSmwxmoxdEUi8jyNymxLZT
Summons to produce document or other thing under Section 91 of Cr.P.C. The power is not limited to the enquiry or investigation but it would also extend for trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AMm8ul2EFzBVjRoZ8e82VqtrD
Motor vehicle accident. Criminal prosecution against subsequent purchaser cannot be launched unless the erstwhile owner gets his name removed from the RTO register and enters the name of the subsequent purchaser. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2RFmZaDGzGNpSRE9kkdYmTMLV
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wbnmmbTyGhLBHbzQWaHLIGcTN
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