Hon’ble Dr. Justice Hosur Bhujangaraya Prabhakara Sastry celebrates his 62nd birthday today. He was born on 04.04.1962 at Davangere. Completed Law Degree at R L Law College, Davangere. Obtained MA and LLM degrees from Bengaluru University and Ph.D from National Law School of Indian University. Enrolled as an Advocate in the year 1991 and practiced at various Courts at Bengaluru and other places and also served as Standing Counsel for undefended accused in the Sessions Court of Bengaluru Rural District.
He was appointed as District and Sessions Judge on 27.05.2002 and served at Kalaburgi, Bengaluru, Bagalkot, Chikkaballapur and Tumkur and also served for a short period as Registrar in the Registry of Supreme Court of India. Appointed as Additional Judge of the Karnataka High Court on 21-02-2017 and Permanent Judge on 03.11.2018.
Important judgments delivered by Hon’ble Dr. Justice H.B. Prabhakara Sastry.
Defamation. Statement made in open court during evidence amounts to publication. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Xx83Ieah52chjiHfrrunKS93L
Criminal law. Call records regarding conversation between accused and deceased are inadmissible in evidence unless the
Certificate required under Section 65B of the Evidence Act is produced. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sRsc59ZvrxNYUfN0wMgVfjdmw
NDPS Act. The Intelligence Officer of NCB is authorised to file a complaint under Section 36 instead of police report. When a complaint is filed, accused can NOT claim default bail under Section 167-2 Cr.P.C. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/XQpU53mP0XAlYUp5q55a4UpgS
Negotiable Instruments Act. Alteration of cheque date. If alteration is made when cheque is issued or made later with privity of parties and in the absence of any fraud, the cheque is valid and enforceable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FNJpXuUuJc8eMa4wrFndOohRD
Negotiable Instruments Act. 1881. Section 138. Notice demanding lesser amount than the cheque amount, after giving deduction to part payment, is NOT a defective notice. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FQ7ALto65kqwMAAt2aPVdBiN8
Motor Vehicle Case. Claimant being intoxicated at the time of accident cannot be a ground to deny compensation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6XtyqPT2cwT5UCvW3Txmlp9ZR
Court cannot receive and admit documents merely reserving liberty to opposite party to object at a later stage. Court must hear and decide immediately when production is objected. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/gwNValVtNjcG2N1vsF0VbRkmH
Mere participation of more than one accused does not constitute criminal conspiracy unless there was meeting of minds among the accused which resulted in crime. Karnataka High Court reiterates.(DB)
https://dakshalegal.com/judgements/actionView/DuIk1yAs9WaR2EkGxUU4xqnyR
Mere possession of liquor, without the knowledge on the part of the possessor that the bottles were unlawfully imported,
transported, manufactured, duty-escaped does not constitute offence under the Excise Laws. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jLH1e7ttLnceEQrA1V3KHSTeG
All the offences under the Negotiable Instruments Act are compoundable and the parties can compound subject to payment of graded cost. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4IfAEzY283mth5WU5Zb8rbTKi
Criminal Law. When the article from which ‘chance fingerprint’ was lifted is not produced, mere report of the fingerprint expert cannot be relied on. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/zRxqDg1x4qQaq6BlOeWoRGkFq
False recital made in a sale deed cannot be construed as a ‘statement made before the Sub-Registrar’ to attract penal provision of Section 82 of the Registration Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/W09ZCxoPYBdT60EDwLGPLpBp5
Rape on minor. Calculating age of victim girl based upon her mother’s married period is highly improper when there is sufficient evidence to determine the age of the victim girl. Karnataka High Court reverses acquittal of the accused. (DB)
https://dakshalegal.com/judgements/actionView/mrnKhdt4GG6g2lRVjM0vyNWfQ
Prevention of Food Adulteration Act, 1954. Variation in quality and misbranding need not be injurious to health to constitute offence under the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/HhV2Qm8g1Pq19Hz7ialrXApV1
Criminal Law. Remitting matter for a denovo trial should be exercised as a last resort to avoid grave miscarriage of justice defect which cannot be cured at an appellate stage. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EFMguHkSPNNZQgAcQCcXe7aaE
Cr.P.C. Section 125. Delay. Deserted wife bearing patiently for a few years, hoping that her husband would take her back, would not by itself disentitle her from claiming maintenance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/JDCpEygujoFpMJPT1WzRKsPbL
Cr.P.C. Section 125. Though second marriage during first marriage is nullity, if the husband married again by concealing first marriage, the second wife is also entitled to maintenance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/gg6vPsYwVkwsGJw0sjHBetKes
Trust Act. Petition under Section 34 seeking opinion of Court in management of trust property is not a dispute raised before Court. Section does not apply to suits involving disputes. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1y313v7iguVMc0bfe9owUaw8z
Motor Vehicles Act. Bank account passbook which does not contain entries of business income or profit and loss statement cannot be relied on to determine the compensation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1OGgcdMKtf3rv2qBoUUcOn0GJ
Transfer of immovable property implies and includes in it transfer of structure put up thereupon though not specifically mentioned in the deed of transfer. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2joJRVp9GmYaqyEqLcVf5Yh4u
Suit for specific performance. Genuineness of the sale agreement. Purchase of stamp paper under the heading “Bond” instead of “Conveyance” is a factor to be taken note of while considering the genuineness of the sale agreement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1x8YMZC37WdPRb5jVTxxGmL08
Suit for specific performance. Defendant who never questioned financial capacity of the plaintiff to perform his part of the obligation under the contract, cannot raise it for the first time in the appeal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jQd9LPUrNewKoKVvm1ssvcphK
Suit for specific performance of sale agreement is not barred under Order 2 Rule 2 CPC when the earlier suit is only for injunction though based on the very same agreement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4orsRKDmv7R3kPP46yv7JdcKz
Ownership and management of Temple built on Government Kharab land cannot be claimed by private persons especially when it is dedicated to the public. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/dyTW5LxjrcUgkaUkIyRLv2vm9
Wakf Act. Civil Court can entertain suit or proceedings in relation to any question not falling within four corners of the Wakf Tribunal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Zpg8w9iB95l7SuFPeRftPa5mv
‘Last Seen Theory’ under Section 106 of the Evidence Act does not directly operate against either a husband or a wife staying under the same roof as being last person seen with the deceased. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4H8JaQcyd8d5JVHAaQP9hSQak
Trademark in the name of Deity/God is also entitled for protection against infringement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/goooynRqsueObRC415ItvCcoi
Defendant can claim title over property by adverse possession by way of counter claim in the suit filed by the plaintiff for permanent injunction. Karnataka High Court permits amendment of the written statement.
https://www.dakshalegal.com/judgements/actionView/SzU642qzYE1btoOv8wfHKFm0w
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