Hon’ble Mr. Justice S.R. Krishna Kumar celebrates his 54th birthday today.
Hon’ble Mr. Justice S.R. Krishna Kumar:
Born on 07.05.1970. Graduated LL.B. at University Law College, Bangalore. Enrolled as an Advocate on 29.08.1992.
From 1992 to till date – Practiced as an Advocate in the High Court of Karnataka as well as Civil Courts, Criminal Courts and Tribunals.
Practiced on all types of Civil Cases, Criminal Cases, Writ Petitions/Appeals, Arbitration Cases, Company Cases, Motor Vehicle Cases, Matrimonial Cases and Consumer Disputes.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important Judgments delivered by Hon’ble Mr. Justice S R Krishna Kumar.
Right of Persons with Disabilities Act. Visually impaired person cannot be driven to common law remedy when the offence committed against him attracts the RPD Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/eeDvucNtihZWh8VrKjoY1DM9k
Stay of execution pending suit between decree holder and judgement debtor. Order 21 Rule 29 CPC will not apply to suits which are instituted subsequent to institution of the execution proceedings. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EXIWlWqAAKJokwlE9Bhr5lBqg
Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Yn3aGBzO2cTIfUr28Ell4GkmE
Trademarks of Company in liquidation are custodia legis of the Company Court. Only the Company Court can determine the ownership of the mark and declare any disposition as void. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/p8WI3syHgsuBpFsqyFC1G6tEI
Order under section 148A(d) of the Income Tax Act, 1961 is invalid if the same is issued after three years of relevant assessment year and the amount escaped from tax is below Rs. 50 lakhs. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/cO0QpNeE9byZt5F8t5krb5UMO
Social impact assessment prior to issuance of preliminary notification under the 2013 land acquisition Act must be by mandatory publication of the notification in the official gazette. Else the acquisition proceedings becomes illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/f6IOwhPKW9tKHd5AIywVCmAEj
Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/UTv5BowxRs9w5OSH6sBpDSzSj
No income tax can be levied or deductible on compensation for acquiring lands under the Karnataka Industrial Areas Development Act in view of 2013 land acquisition Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/L3EFVolIbR4Tnz2RcQknNpsJP
Determining CET rankings of 2021-22 batch students by taking only CET marks is illegal. Karnataka High Court orders fresh ranking for admission to Engineering and Technology courses for the academic year 2022-23 by taking both PUC and CET marks.
https://dakshalegal.com/judgements/actionView/wqu9tOn0gxlYPG5VOuYOGtAaA
Provisional release of perishable goods under the Customs Act is permissible even during pendency of appeal and not confined to proceedings pending before the adjudicating officer. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EVqM3RT2gyDv7WkxmrF2nOIff
Production of additional evidence under Order 41 Rule 27, CPC cannot be as a matter of right. Party must explain why evidence could not be produced in trial court despite due diligence. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/v31k58NbPd1OsBFhKu1XYaiy0
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/szjAwK3zozzdZxy49eUSZX0Sw
Interpretation of statutes. Proviso to a provision cannot control the main provision nor be interpreted in a manner which renders the main provision nugatory or otiose. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Bsyp0937ogbd2ktLRx1H646QU
“Right to nutritious food is a fundamental right of pregnant woman, lactating mothers and children’’. Karnataka High Court directs the State Govt to implement ICDS without further delay and to submit compliance report.
https://dakshalegal.com/judgements/actionView/J3p0whIuu3WVheIOqu5yQxJJ0
No party should suffer due to the act of court. Right accrued as on the date of writ petition cannot be taken away by amendment inserted during the pendency of the petition. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/pYn114W1jYuEh8Fcu7AAIP6VW
Arbitration & Conciliation Act. Even when limitation period to challenge arbitral award under Section 34 expired during closure/vacation of Courts, provisions of Section 4 of the Limitation Act cannot be invoked by the applicant. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/3te4iLh23TBvRhUBvByspiN8c
Non-impleadment of particular Department in Writ Petition is not a ground for the State Government not to comply with Court order. Karnataka High Court suggests appointment of Nodal Coordinating Officer.
https://dakshalegal.com/judgements/actionView/tQV6VTCNMhR2PEtNZd70zFeYi
”Honour power purchase agreements and make prompt, regular and timely payments to power generators without any delay”. Karnataka High Court directs ESCOMs while holding writ petitions maintainable to enforce PPAs.
https://dakshalegal.com/judgements/actionView/0M5RGBkCRo6DY6VyIK6FVq3Pn
”Urban planning is a valuable force to achieve sustainable development.”. Karnataka High Court upholds land acquisition for Dr.K.Shivaram Karanth Layout.
https://dakshalegal.com/judgements/actionView/DWBXNpKIMAFfY4lbnKH7j2Tae
”Purchase of land by Karnataka Housing body without mandatory prior approval of State Government is void”. Karnataka High Court cancels sale deed and restores land to the owner.
https://dakshalegal.com/judgements/actionView/SSK7pzV4jwned4sfTBwfU2g8M
Child custody. Non-custodial parent is entitled to equal number of days as with the custodial parent during holidays, festivals, birthdays and other important family functions. Karnataka High Court issues guidelines.
https://dakshalegal.com/judgements/actionView/ShhgwqxyLXTGGmLU3LG8o7hgF
Registration of sale deed in the State of Karnataka. Sub-registrars can NOT insist on production of ’11E’ sketch for registration. Govt website to be updated accordingly. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/uSDfEmha0CH4FZbtMYJJ33UEi
Civil Procedure Code. Order 39 Rules 1 and 2. Trial court has to apply its mind while granting ex-parte injunction. Passing cryptic, bald, laconic, unreasoned and non-speaking order is impermissible. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/UU9YvPRevHdQ3Qw6rJZ9YsKUJ
Arbitration and Conciliation Act. Waiver of ineligibility of arbitrator under Section 12. In the absence of an express agreement between parties claim cannot be barred by principles of waiver acquiescence and estoppel. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/8AoM2W9Cr2m3o1UUtvjTFAzPg
Creating posts having trappings of the Ministers to overcome the upper ceiling limit under Article 164 1-A is ultra vires the constitutional mandate. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ce8s5Hnon0iS6H2o6KsjoeHsT
Non-impleadment of particular Department in Writ Petition is not a ground for the State Government not to comply with Court order. Karnataka High Court suggests appointment of Nodal Coordinating Officer.
https://www.dakshalegal.com/judgements/actionView/tQV6VTCNMhR2PEtNZd70zFeYi
Karnataka High Court applies the test of ‘manifest arbitrariness’ to strike down the Rule which whittled down GST refund of input taxes paid in the course of zero-rated supply and export.
https://www.dakshalegal.com/judgements/actionView/7lw14pngRyZRYxZQNa1XfAUY3
“Betting and Gambling” under the CGST Act do not include Online/Electronic/Digital Rummy & Digital games which are games of skills. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CwlEO4NMeteK0hfQvfKjmnkMl
Rule 6 of Cenvat Credit Rules 2004 does not disallow common credit taken for manufacture of sugar even after 2015 amendment as bagasse is not a manufactured product. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/d3oLr8sToEuNiR1fk878RHDtW
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/szjAwK3zozzdZxy49eUSZX0Sw
Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/UTv5BowxRs9w5OSH6sBpDSzSj
Social impact assessment prior to issuance of preliminary notification under the 2013 land acquisition Act must be by mandatory publication of the notification in the official gazette. Else the acquisition proceedings becomes illegal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/f6IOwhPKW9tKHd5AIywVCmAEj
Trademarks of Company in liquidation are custodia legis of the Company Court. Only the Company Court can determine the ownership of the mark and declare any disposition as void. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/p8WI3syHgsuBpFsqyFC1G6tEI
Karnataka Court Fees and Suits Valuation Act. Suit for cancellation of sale deed. No need to pay ad-valorem court fee on the market value if the property is agricultural land. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YOYXNymUGHNwrwyulTFLR8F6m
Application under Order 21 Rule 29 CPC seeking stay of execution proceedings on the ground that the suit is instituted by the Judgment Debtor is maintainable only if the suit was instituted prior to filing of the execution petition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LkFxUv9G8SZNI5hDMNhOORLtX
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
Temple cannot be considered as a Civic Amenity area under the Bangalore Development Authority Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yngzYRj8kBR5EIj7qP0qZ67Fy
When the portion left in the layout plan for Ring Road, National Highway or Peripheral Road is not utilised for the said purpose and is diverted for other purpose, the landowner is entitled for TDR compensation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wUiuEvkzU8ctfde7ue8W9kBqn
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
When educational institution is run on a property designated for educational purposes under the Master Plan and the zoning regulations, there is no requirement for conversion of the property specifically for educational purposes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZLlKKWFOkh8dJQ1Kb2KeNTBrd
Planning Authority cannot refuse ‘No Objection Certificate’ for establishing petrol bunk on the ground that the land is not converted for non-agricultural purposes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wdA5v0uAbOMaSuQ6q37UrV2B8
Execution proceedings. Amendment of pleadings under Order VI Rule 17 CPC applies to objector/obstructor application under Order XXI Rule 97 CPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/KUUWnn9tVJ1ewK79QL8LjDRa5
Indian Succession Act. Jurisdiction of the trial Court in relation to grant of Succession Certificate is in relation to place where the deceased ordinarily resided at the time of his death or where his movable properties are situated. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/z3WXlvqfh27ffWfRoFeKbsGFd
Commercial Court is bound to order refund of the entire court fee when the matter is settled out of Court before recording evidence on the merits of the claim. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zZafLsfxuTWJ9QaJDFb8JTeo5
When there is no recital in sale agreement that possession of property is handed over to purchaser, Court cannot direct the party to pay stamp duty and penalty as per conveyance. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/iahZGJa3RGC55Jek6rb9rTYGt
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