Hon’ble Mr. Justice G Basavaraja celebrates his 59th birthday today.
Hon’ble Mr. Justice Gurusiddaiah Basavaraja:
Born on 03.05.1965. Native of Methikurika Hiriyur Taluk, Chitradurga District. Enrolled as Advocate and practiced at Chitradurga. Appointed as Munsiff on 18.10.1993. Appointed as District Judge on 27.06.2009. Served as Prl. District & Sessions Judge, Chamarajanagar, Member Secretary, Karnataka State Legal Services Authority and as Prl. Judge, Family Court, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022 and Sworn-in as Additional Judge of the High Court of Karnataka on 16.04.2024.
Important Judgments delivered by Hon’ble Mr. Justice G. Basavaraja.
Violation of the Income Tax Act in monetary transaction cannot be a defence in proceedings under Section 138 of the Negotiable Instruments Act.
https://dakshalegal.com/judgements/actionView/clU7K2ymkWsjGEFL1m4JIGy6z
Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her.
https://dakshalegal.com/judgements/actionView/AHTV2tPS9suZ86WoR7nXVrtF0
Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant.
https://dakshalegal.com/judgements/actionView/cm3plwrf2A0cXpcuxRJQQqbIy
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.
https://www.dakshalegal.com/judgements/actionView/6kOPhZhSX9PhLmdSbdJoyg0VF
Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
https://www.dakshalegal.com/judgements/actionView/5YkwePBIxS4JQhxMxwiPrh8Cb
POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.
https://www.dakshalegal.com/judgements/actionView/ofcIm3beRTfBW25AsdHqszJBB
Digitization of Criminal Investigation. Karnataka High Court issues comprehensive directions.
https://www.dakshalegal.com/judgements/actionView/1GMezHajQiB10bbbZwRzzV9oe
Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cm3plwrf2A0cXpcuxRJQQqbIy
”Award of death sentence must be preceded by psychological and physiological evaluation, examination of early and present family background, history of violence and criminal antecedent of the accused”. Karnataka High Court lays down guidelines.
https://www.dakshalegal.com/judgements/actionView/CnTjcxvj8LaFUdilC6XfZItbz
Motor Vehicles Act. Non-registration of police case regarding the accident or failure of the Medical Officer to report medico-legal case to the Police is not a ground to deny claim of the victim. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Ff0leaBJStag8ic8S8weUMhuX
Hindu Marriage Act. Wife not honouring decree for restitution of conjugal rights and refusing to join her husband is sufficient ground for divorce. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0i0qodOpAwqkJPnvf6QwxCzts
Supari killing of Sulya KVG Medical College administrator. Karnataka High Court convicts six accused including the Director of the college.
https://www.dakshalegal.com/judgements/actionView/BB85gVwpkTMg8mmBnJ2MwVN2m
Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/szB18aTS3MlCWi0euvioMeKhf
“When the murder is in broad daylight, evidence of the eyewitnesses cannot be brushed aside.” Karnataka High Court reverses acquittal of four persons and convicts them for murder.
https://www.dakshalegal.com/judgements/actionView/6RmzP4o6IO6mAOt5rI9Z1M7oe
Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kjU4rtqgkbOgYcOMysvcFXFUw
‘Persons in public employment are not slaves of the Government, nor of their higher ups in the echelon of administration’. Karnataka High Court quashes dismissal order against public servant honorably acquitted in the criminal case.
https://www.dakshalegal.com/judgements/actionView/gIFMdPgFK5qOI9rtDmMi9gBzQ
Hindu Law. Doctrine of blending of individual’s property into joint family can be inferred by the words and if there are no words, then from his conduct. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/lt07AkVEFtbuGqMOhgC5RrYnG
When counsel for appellant is absent and counsel for the respondent is present, the only course open to the appellate Court is to dismiss the appeal for non-prosecution. The appeal cannot be decided on merits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WKiNQv74XWb7CUBSUM5buEmxE
Residual provision of Article 137 of the Limitation Act, 1963 cannot be applied to prefer Revision Petition against the order passed by the Karnataka Waqf Tribunal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6dnMetNoK36sOkKz49IfuX6sT
Plaintiff furnishing fictitious/false address of defendant and then seeking substituted service is a serious issue. Courts must verify the facts before ordering substituted service. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kjAaA7snj9CdWvcQGFN3NvUK2
Service Law. Disciplinary authority cannot go on holding enquiry after enquiry against an employee till the desired report is given by the enquiry officer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/do8X0ibyjLTWKaoVZyN2jLH86+
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