Hon’ble Mr. Justice Hanchate Sanjeevkumar celebrates his 53rd birthday today.
Hon’ble Mr. Justice Hanchate Sanjeevkumar: Born on 13.05.1971. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 04.05.2020 and Permanent Judge on 25.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice Hanchate SanjeevKumar.
Wife getting lumpsum maintenance under Section 125 Cr.P.C as full settlement is NOT precluded from claiming maintenance under Section 18 of the Hindu Adoption and Maintenance Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/RaYCcEDUSxpEpWc4aMwkW67ux
MVC Act. The principle of “pay and recover” applies even when owner of vehicle had contested claim petition before the Tribunal or filed appeal against the award. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hoGxVRFry6D1BrjNqnkhXV9zj
Holder of Light Motor Vehicle driving license driving Transport Vehicle does not amount to fundamental breach of the insurance policy so as to avoid the liability of the insurance company. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/mKHMtAKld1T3Wmn0HjJdSyXGr
Hindu Adoptions and Maintenance Act, 1956. Adoption of a person above the age of 15 years is permissible only if there is custom or usage applicable to the parties which permits such adoption. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/r4Ye8rqTTu35PBYhxX4Uql6Z2
Education. ‘Punishment imposed on student for malpractice shall be commensurate with the gravity of the misconduct’. Karnataka High Court invokes doctrine of proportionality to reduce punishment imposed on a student.
https://dakshalegal.com/judgements/actionView/3pSVsEwPGeDhKv88hWBjBikPL
Karnataka Lokayukta Act, 1984. Employees of statutory bodies and government companies are not ‘government servants’ though they are ‘public servants’. Government cannot entrust inquiry against them to Lokayuktaunder CCA Rules. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hl3ot1zrDUBTQ5CXkEabzw2qe
‘No child is born in this world without a father and mother. A child has no role to play in his-her birth’. Karnataka High Court orders compassionate appointment to children born out of void or voidable marriage.
https://dakshalegal.com/judgements/actionView/IVr40pamyJwESPrk7VMyFlspl
Preventive detention. Consideration of representation even after confirmation of preventive detention order is part of Article 21 of the Constitution. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/80TuUvdM6kereLL9jwIII96kP
Caste Certificate. Only aggrieved person, such as employer or person deprived of caste certificate or post in Govt or public service or seat educational institution on account of fraudulent caste certificate can question.
https://dakshalegal.com/judgements/actionView/xRTt28xiVl9AyF0WKYfvgfWGl
Insolvency and Bankruptcy Code, 2016. Demand for customs duty which is not part of resolution plan approved by the adjudicating authority stands extinguished permanently. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/DTvT9sdADdPBfBUjxfmwbHt8E
Customs Act, 1962. Notification enhancing custom duty would NOT become enforceable if it is simply issued and sent for publication. It is enforceable only when such a notification is published and also offered for sale. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hNYAc0ZUb74nQgoEg0Gi9GKUB
Motor Vehicles Act. Under ‘Act Policy or Statutory Policy’ occupants of the vehicle cannot be considered as third parties. Insurance company is liable for the occupants only if the policy is comprehensive. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/A88nFKNsQksn341XifDQsT9N1
Place of inquiry and trial in case of continuing matrimonial offence.
https://dakshalegal.com/judgements/actionView/79vCQbzEX3rgnVeUbrlBcRVN2
Motor Vehicle Act. Vehicle insured but without valid fitness certificate. Insurer is not liable. However ‘pay and recover’ is applicable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Lt9wWhe5IH8vh1TDLEe8Ogy6V
Motor Vehicle Act Insurance policy commences from the time of making payment and not from issuance of policy
https://dakshalegal.com/judgements/actionView/89gfIoXBRwkVoaz4JFaBRSS4p
Motor Vehicles Act. Transport Corporation is not entitled for compensation under the head, loss of revenue/idling charges when a bus meets with accident and spare bus is assigned on the scheduled route. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1VQTqCmacMgW8KaHlZYP3PD8x
Scribe of a Will can also be considered as attesting witness apart from the status as scribe thus fulfilling the requirement of Section 63 of the Indian Succession Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ULqRfHaAPZJH6vkC4iUVRB5VJ
Court cannot take into consideration artificial deductions by husband showing lesser take-home salary to avoid maintenance payable to wife and children. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NcRHjPBbVeup8R4pPYVgtrB1D
Hindu Law. ‘’Husband and Wife are one person. Physically divided yet united by Soul’’. Wife cannot seek partition of coparcenary or self-acquired properties during the lifetime of her husband. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aJWbRJSB9tZhfxuaZWWXwvMzr
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