Hon’ble Mr. Justice Suraj Govindaraj celebrates his 51th birthday today.
Hon’ble Mr. Justice Suraj Govindaraj: Born on 14.05.1973. Graduated LL.B(Hons) at NLSIU. Enrolled as an Advocate on 23.06.1995.
Practiced in the field of Civil, Commercial Litigation, Contracts, Property Law, Arbitration, Company Law, Intellectual Property Rights, Constitution Matters, Debt Recovery, Environmental Law, Revenue Matters under local land laws, Consumer Law, RERA etc.,
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 Suraj Govindaraj.
Labour Law. Dismissal of workman on the ground of loss of confidence of the employer in the workman would not prevent the Labour Court from passing an order of reinstatement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/G1thv6CTExOr9SQw8qfSKKhfY
KT & CP Act. When designation of land in the Master Plan as park is lapsed due to non-acquisition within five years, the landowner is entitled for conversion of the land as per the new classification of the land under the Master Plan. Karnataka High Court
https://dakshalegal.com/judgements/actionView/nm19csYtxwSXa1tdrxwIQh09c
Industrial Disputes Act. An order refusing permission under Section 33(2)(b) can be challenged by way of a Writ Petition in appropriate cases. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wU4BZGazuANvvIEy3nX2gAaEl
Labour Law. Once a domestic enquiry is held to be fair and proper, the labour Court cannot hold the contents of the enquiry report to be perverse and set aside the order on that basis. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/G5c2pBGLNkC4UIw08dSOlV9Ny
Karnataka Societies Registration Act. Erstwhile office members cannot process election to the Society after the appointment of an administrator merely because the administrator has not taken charge. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/wY4lFwKBfwBQLCXexQmFQkkzk
Karnataka Cooperative Societies Act. Special Officer cannot be appointed on the ground of resignation of directors without waiting for 15 days period prescribed under Section 29(B) to withdraw the resignations. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/rDzZKvBC2pSsW4n8CtsM8QB0s
Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/NTAWFiMBqmhSa1rvzC95Rw7Xi
Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Uyv3EtyG6nQ9NXYvYpnhgZPiL
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. Karnataka High Court.
Karnataka Land Reforms Act, 1961. Proceedings under Sections 79A and 79B can NOT be initiated after the agricultural land is converted to non-agricultural purpose. Karnataka High Court.
If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
Land acquisition notification after 19 December 2013, the date on which the 2013 Act was notified to come into force on 1 January 2014, could be issued only under the 2013 Act and not under the 1894 Act. Karnataka High Court.
If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
Workman cannot be dismissed without taking the approval of the Industrial Tribunal in terms of Section 33(2)(b) of the Industrial Disputes Act when proceedings are pending. Karnataka High Court.
Land acquisition. If compensation of some landowners is enhanced, other landowners under same notification are automatically entitled to enhanced Compensation. Duty of the State to notify all other landowners about the enhancement. Karnataka High Court.
Trust registered under the Trust Act is entitled to get liquor license under the amended Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968. Karnataka High Court disposes Writ Petition challenging non-inclusion of Trusts.
Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971. Notification under Section 10(1) is not a pre-requisite for the Tribunal to decide matters relating to reinstatement or regularization of services of contract labour. Karnataka High Court.
Proceedings under Section 79(A) & (B) of the Karnataka Land Reforms Act can NOT be initiated against purchaser of converted agricultural property. Karnataka High Court.
Change of partners in a partnership concern holding excise license amounts to transfer of excise license. Authorities can cancel license for violation of condition against transfer of license. Karnataka High Court.
Suit for partition. Registration of a sale deed in respect of joint family property would amount to constructive notice to all members of the joint family SCST and the period of limitation would commence from the date of such registration. Karnataka High Court.
Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. Karnataka High Court.
Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.
In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
Labour Law. When workman files statutory appeal as also claim petition under section 10(4-A)of ID Act, in the event of either one of them being disposed, the other proceeding would become infructuous and required to be dismissed as such. Karnataka High Court
Claim made by a workmen for payment of minimum wages is not a dispute covered under Section 70 of Karnataka Co-operative Societies Act, 1959. Karnataka High Court.
Motor Vehicle Act. Insurance company not limiting insurance policy till fitness certificate period can not escape liability on the ground that vehicle’s fitness certificate lapsed on the date of accident. Karnataka High Court.
Criminal Procedure Code. Section 93. Search warrant can be issued by the Magistrate without issuing a summons under Section 91. Karnataka High Court.
Plaint in a suit for partition based on amended Section 6 of the Hindu Succession Act is liable to be rejected if there is clear admission in the plaint about registered partition of ancestral properties prior to the amendment. Karnataka High Court.
Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
Forcible, unauthorised, Illegal encroachment of private property by BDA. Karnataka High Court orders allotment of equivalent developed land to the owner. Imposes cost of 5 lakhs to be recovered from the officers at default.
Valuation of Suit. Suit for specific performance. Only value of the property shown in the agreement has to be considered for the purpose of jurisdiction. Karnataka High Court.
Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant. Karnataka High Court.
Corporation carrying out perennial works through contractor employing Pourakarmikas. Karnataka High Court orders regularisation against sanctioned vacant posts.
Digitization of Criminal Investigation. Karnataka High Court issues comprehensive directions.
In case of termination of an individual employee/workman by a individual notice, a dispute can be raised by such individual workman in terms of Section 10(4-A) of the ID Act. Karnataka High Court.
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.
Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
Mischief by killing or maiming animals. Mens rea, animus or intention is required to be established to constitute offences under Section 428 or Section 429 of IPC. Karnataka High Court.
Legal Metrology (Packed Commodities) Rules, 2011. Compounding of an offence by one accused will not prevent the other accused from seeking quashment of the proceedings. Karnataka High Court.
Mines And Minerals (Development AndRegulation) Act, 1957. Geologist can initiate criminal proceedings under Mines and Minerals for the offences under the Act.
Accident involving pet or animal does not attract the provisions of the Motor Vehicles Act or the Indian Penal Code. Karnataka High Court.
When a document is fabricated before the Sub-Registrar, bar under Section 195(1)(a)(i) Cr.P.Capplies only to proceedings under Section 177 and not under Sections 419, 420, 468 and 471, IPC. Karnataka High Court.
Arbitration and Conciliation Centre being run under the aegis of the High Court of Karnataka can appoint an Arbitrator if any of the parties individually or both the parties jointly were to approach the centre for such appointment. Karnataka High Court.
Legal Metrology (Packed Commodities) Rules, 2011. When liquid item is sold, the declaration in terms of weight/measures can be done either by weight or volume. Karnataka high Court.
Refusal to pay cost of the arbitration by a party cannot be a ground not to appoint arbitrator if the other party is ready to pay entire arbitration cost. Karnataka High Court.
An absconder cannot claim benefit of default bail under Section 167 (2) Cr.P.C. Karnataka High Court.
Even an employee on a contractual basis is entitled to provident fund. There is no requirement of a master-servant relationship with the master exercising supervision and control over the employee. Karnataka High Court.
Accused is not entitled for default bail under Section 167 (2) Cr.P.C. in the event of charge sheet having already been filed before his arrest. Karnataka High Court.
Gratuity is paid to safeguard financial security of a person at the time of retirement. Bank cannot adjust gratuity amount payable to its employee towards outstanding loan account. Karnataka High Court.
Merely because a client does not succeed in the matter and favourable orders were not passed in his favour, the client cannot make out a case that fraud and offence under Sections 406 and 420 of IPC has been committed by his Advocate. Karnataka High Court
Factories Act. Manufacture being per se hazardous does not make the establishment hazardous. The process of manufacture being hazardous for workmen of a particular age group is the relevant test. Karnataka High Court.
If a document has been fabricated for the purposes of usage in a Court and thereafter used in a Court, Section 195 of Cr.P.C. would come into play and only the Court can initiate the proceedings against the offender. Karnataka High Court.
Compensation towards drawing high-tension electricity lines. Karnataka High Court approves fixation of 50% of the land value as compensation.
Hindu Succession Act 1956. Karnataka amendment to Section 6 is applicable between 30:7:1994 to 8.9.2005. The Central amendment is applicable from 9:9:2005. Karnataka High Court.
Hindu Succession Act 1956. Section 14 does NOT apply when there is admission by the woman and evidence on record that the property was purchased in her name from out of joint family funds. Karnataka High Court.
Financial moratorium. Writ against private banks to implement RBI Circular can be issued. Karnataka High Court.
RTI. Candidate can seek evaluated answer scripts from Public Service Commission. Karnataka High Court.
Information Technology Act. An intermediary or its directors and officers are not liable for any action or inaction on part of seller making use of facilities provided by the intermediary in terms of a website or market place. Karnataka High Court.
Bhoodan and Vidyadan Scheme. Owner cannot seek return of land once gifted. He can only seek direction for proper utilization of the land. Karnataka High Court.
Companies Act 2013. Except the Registrar Shareholder and Official Liquidator no other person can initiate any criminal proceedings against a company for the offences under the Act. Karnataka High Court.
Director appointed by a Venture Capital Company can be prosecuted as regards criminal offences alleged against the company where investment is made. Karnataka High Court.
Income Tax Act. All the Directors of the Company cannot be automatically prosecuted for any violation of the Income Tax Act. There has to be specific allegations made against each of the Directors who is intended to be prosecuted. Karnataka High Court.
Educational Institutions. Property tax exemption would also apply to persons who have leased the property for educational purposes. Karnataka High Court.
Educational Institutions. Property tax exemption is available even to any land or building used for the purpose of educational institution or incidental thereto such as bank canteen and staff quarters. Karnataka High Court.
Prevention of Money Laundering Act 2002. Investigating-arresting Officer must inform and provide copy of arrest order and grounds of arrest to the person being arrested. Mere oral information would not be sufficient. Karnataka High Court.
SC/ST Prevention of Atrocities Act, 1989. High Court can NOT entertain bail petition under Section 438 & 439 Cr.P.C. Remedy against grant or refusal of bail by the Special Court is appeal to High Court under Section 14A. Karnataka High Court.
Arbitration and Conciliation Act 1996. Manner of deciding petition under Section 34 explained. Guidelines laid down. Karnataka High Court.
Local bodies. Consequences of conversion of Town Municipal Area into a City Municipal Area and absorbion of Panchayat into newly constituted City Municipal Council explained. Karnataka High Court.
Income Tax Act, 1961. Section 80JJAA. Deduction in respect of employment of new workmen. Calendar year and not financial year is to be considered to compute completion of 300 days by the workmen. Karnataka High Court.
Land acquisition. Determination and enhancement of compensation by reference court being a judicial exercise, benefit of the same should be made available even to those who did not approach the Court. Karnataka High Court.
‘Total non application of mind’. Karnataka High Court quashes consent for establishment issued by Karnataka State Pollution Control Board for Karwar Port Expansion Project. Orders fresh exercise.
‘No instrumentality of the State or any litigant has a right to say that the order of the Court will not be complied with only because an ordinary copy of the order is supplied or that a certified copy is not supplied.’ Karnataka High Court.
Buildings used for the purpose of running educational institution and/or incidental activity are exempted from payment of property tax under the Karnataka Municipalities Act even without making application seeking exemption. Karnataka High Court.
Challenge to an award passed in an International Commercial Arbitration can be made before Commercial Division of a Single Judge Bench of the High Court. Karnataka High Court.
POCSO Act. Investigation Officer shall inform victim’s parents and legal counsel about bail application or any other application by the accused or the prosecution in the proceedings. Karnataka High Court.
Defendant whose written statement taken as not filed and on dismissal of his application under Section 8(1) of the Arbitration and Conciliation Act can notseek permission to file written statement. Karnataka High Court.
Court can record compromise among parties even after auction of subject property is completed since successful auction purchaser has no vested right till sale certificate is issued in his favour. Karnataka High Court.
”Store information in electronic form and furnish upon receipt of application under the RTI Act at the earliest”. Karnataka High Court directs Government of Karnataka.
”Issue notice well in advance giving sufficient time to the assessee to furnish documents”. Karnataka High Court directs Income Tax Department.
Mere presentation of plaint without court fee does not amount to ‘filing of suit’. By the time court fee is paid, if limitation runs out, suit is liable to be dismissed. Karnataka High Court.
Police can NOT conduct preliminary enquiry when information disclosing commission of cognizable offence is received. Police can initiate such enquiry only after registering FIR. Karnataka High Court.
Defendant can seek injunction against plaintiff only under Order 39 Rule 1(a). He has no right to seek such injunction under Order 39 Rule (b) and (c). Karnataka High Court reiterates.
If roster is not followed for the post of Mayor and Deputy Mayor of a local body in an election, persons belonging to that category must be accommodated in the next election. Karnataka High Court.
Impounding of entire sale agreement in a suit for specific performance for non payment of stamp duty is mandatory even though the suit is confined only one of several properties. Karnataka High Court.
When a compromise is filed before the Court, only that Court must record the compromise. The matter cannot be referred to the Lok- Adalat. Karnataka High Court.
Plaintiff in a suit cannot array defendant as represented by GPA holder with address of the said GPA holder without showing address of the defendant. Karnataka High Court.
Appellate Court cannot decide criminal appeal before it by taking into account evidence recorded in another case even though it might be a cross-case or a counter case. Karnataka High Court issues exhaustive guidelines.
Electricity companies must insure power lines and equipments against any act of nature and claims arising out of electrocution of persons or destruction of crops. Karnataka High Court.
Call received on Police helpline disclosing cognizable offence shall also be considered as information for registering FIR. Karnataka High Court.
One of the parties to a contract cannot delay appointment of Arbitrator by adopting multi-layered methodology to be gone through by the other party before invocation of Arbitration clause. Karnataka High Court.
Grant of compensation towards loss due to erection of towers and drawing electricity lines based on sale price of adjacent land is correct. Law Commission must suggest payment of suitable compensation. Karnataka High Court.
Allottee of a civic amenity site is not barred from seeking allotment of adjacent civic amenity site for expansion. Authority must consider the applications transparently. Karnataka High Court.
”Train the Officers exercising quasi-judicial powers to write proper orders instead of adopting copy and paste method”. Karnataka High Court directs the State Government.
”Upload and update contact details of persons in-charge of litigation in the local bodies on the official websites for the effective service of court notices’’. Karnataka High Court directs the Principal Secretary to Govt.
Even if the plaintiff has not sought a relief of possession in a suit for specific performance, the Execution Court can issue a delivery warrant directing the Judgment debtor to handover possession of the property. Karnataka High Court.
‘’Only under extreme circumstances handcuffing of an accused can be resorted to.’’ Karnataka High Court orders compensation of Rs. 2 lakhs to law student who was illegally handcuffed by the Police.
Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. Karnataka High Court.
Public duty is cast on the Municipal authorities to safeguard the citizens from attack of street dogs. Karnataka High Court issues exhaustive directions/guidelines. Orders Rs. 10 lakhs compensation to the father of the child killed by street dogs.
Land acquisition compensation must be paid in the event of any enhancement granted to another land looser under the same notification. Karnataka High Court deprecates delay in considering applications of landowners.
Set up e-office system and information technology tools to monitor applications/representations and to dispose them at the earliest. Karnataka High Court directs BDA.
Demarcation of land in the Master Plan for road widening would not vest the land with the State/BDA. State/BDA cannot seek relinquishment of such land as a pre-condition for plan sanction without paying compensation. Karnataka High Court.
Lapse of scheme under the BDA Act. Dismissal of earlier writ petition for want of particulars does not preclude fresh writ petition with additional material/grounds. Karnataka High Court.
Compensation and resettlement methodology as determinable under the land acquisition Act of 2013 is applicable to the acquisition made under National Highways Act. Karnataka High Court.
Lapse of Scheme under the Bangalore Development Authority Act would invalidate designation of property as a civic amenity and all further actions taken in connection thereto. Karnataka High Court.
Acquisition under the BDA Act. Land loser can choose compensation in the form of land or site instead of cash anytimebefore he actually withdraws the cash compensation. Karnataka High Court.
Winding up proceedings can continue even after payment of principal amount if contractual, crystallized and admitted interest on the principal amount is not paid. Karnataka High Court.
‘Arresting Officer Must Ascertain Identity of the person’. Karnataka High Court orders Rs. 5 lakhs compensation to man wrongly arrested.
Foreign award in respect of parties situated outside India can be executed in India if property of the award debtor is situated within India Karnataka High Court.
RERA Act prevails over the Arbitration and Conciliation Act. When proceedings are already initiated before the RERA Authority, application for appointment of Arbitrator to decide the same dispute cannot be entertained. Karnataka High Court.
Though there is no bar for appointment of former employee as an arbitrator, if there are justifiable doubts regarding his impartiality, Court can refuse to appoint him as arbitrator. Karnataka High Court.
When an arbitration agreement binds only one of the several persons who are parties to a dispute, the cause of action cannot be split. Arbitrator cannot be appointed in such circumstances. Karnataka High Court.
When grievance is against Company for dishonest misappropriation of property, it is necessary to make the Company accused in the criminal proceedings under Section 403 IPC. Karnataka High Court.
Payment of land acquisition compensation cannot be delayed on the ground that there is a dispute pending between the acquiring body and the Income Tax Department. Karnataka High Court.
Amount deducted under Section 194-LA of the Income Tax Act from and out of land acquisition compensation also forms part of compensation payable to owner. Karnataka High Court.
Compensation towards drawing high-tension electricity lines. Karnataka High Court approves fixation of 50% of the land value as compensation.
“Conduct of party in participating in arbitral proceedings and then blaming the arbitrator is against the basic notion of justice”. Karnataka High Court imposes cost of Rs. 5 lakhs on ITI Limited.
Mere pendency of writ petition or writ appeal or SLP will not extend time to pass award under the Land Acquisition Act unless interim orders prevented passing of the award. Karnataka High Court.
A proprietary concern is not required to be arrayed as a separate party in a proceeding under Section 138 of the Negotiable Instruments Act. Karnataka High Court.
Accused is not entitled for default bail under Section 167 (2) Cr.P.C. in the event of charge sheet having already been filed before his arrest. Karnataka High Court.
Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.
Prohibition of transfer under the Karnataka SC/ST PTCL Act do not apply to auction sale of property by Banks including Co-operative Society and Cooperative Bank towards loan recovery. Karnataka High Court.
BBMP property tax on Educational Institutions. Karnataka High Court strikes down the Government Circular and BBMP tax demand in view of the amendment.
Planning Authority insisting for surrender of land free of cost for national highway at the time of plan sanction amounts to extortion and cannot be sustained. Karnataka High Court.
Building plan sanctioned under Master Plan cannot be invalidated because of the subsequent withdrawal of the Master Plan. Karnataka High Court.
Urban Development Authority cannot demand surrender of land free of cost when the owner applies for building plan and khatha. Karnataka High Court.
Urban Planning. BBMP cannot refuse to maintain passage/street on the ground that the said passage/street has not been handed over to the BBMP under a relinquishment deed. Karnataka High Court.
Tenants of Municipal Corporation cannot claim equity on the basis of long standingusage of the premises so as to be allotted shops in newly constructed building without going to the process of auction. Karnataka High Court.
Labour Law. Under Section 33(c)(2) of the Industrial Dispute Act, Labour Court can determine employer and employee relationship, amounts due to workman and direct the payment thereof. Karnataka High Court.
Industrial Disputes Act. Consequential benefits upon reinstatement include earned leave and encashment of earned leave. Karnataka High Court.
Electricity Act, 2003. Karnataka High Court directs e-filing, e-appearance and other e-services to be made available by all national tribunals within 6 months.
State Electricity Regulation Commission has no power to regulate inter-State power transmission since it falls only within the domain of the Central Electricity Regulation Commission. Karnataka High Court.
Property Tax. Residential property used for running Advocate’s office cannot be assessed as commercial property if it falls within the exemption under Section 3 (1) (e) of Karnataka Shops and Establishments Act. Karnataka High Court.
”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.
Deemed conversion of land under Section 95(2) of the Karnataka Land Revenue Act, 1964 shall be strictly adhered to by the officers when the objections raised are complied with. Karnataka High Court.
Ancestral property fallen to the share of father in a family partition among his father and brothers cannot be claimed by his son since the property so allocated to his share becomes his exclusive property. Karnataka High Court.
Karnataka Private Educational Institutions (Discipline and Control) Rules 1978 continue to be in force even after coming into force of the Karnataka Education Act, 1983 and govern the disciplinary proceedings initiated. Karnataka High Court.
A party seeking to lead evidence through a general or special power of attorney need not make a separate application seeking permission to lead such evidence in the matter. Karnataka High Court.
Labour Law. Once domestic enquiry is held to be not proper or fair, employer can lead further evidence to establish the delinquency of the workman unless such evidence has already been led before the Labour Court. Karnataka High Court.
Karnataka Societies Registration Act. Merely because third party were to submit complaint, the Registrar cannot initiate an enquiry under Section 25 without application of his mind. Karnataka High Court.
All lands, agricultural and non-agricultural, acquired under the land acquisition Act of 2013 are exempted from payment of Income Tax. Karnataka High Court.
Suit for partition. Once a Plaintiff contends that he has separated from the joint family, properties bought subsequent to the said separation cannot be included in the suit for partition filed subsequently. Karnataka High Court.
Failure to declare assets and liabilities. Defaulting member of a Gram Panchayat need not to be issued a show cause notice or be heard before removal from the office. Karnataka High Court.
When complaint and counter complaint are filed making identical allegations, accused in one complaint cannot seek quashment of the complaint on the ground that the allegations are civil in nature. Karnataka High Court.
Public charitable trust need not obtain permission from the jurisdictional District Court in order to file suit against a third party. Karnataka High Court.
Reservation of posts in excess of 50% to SC and ST category under the Karnataka Gram Swaraj and Panchayat Raj Act is not ultravires the Act. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Period of 30 months for Adhyaksha/Upadhyakshah has to be calculated from the date of result of the election. The delay in holding the first meeting would not add any period to their term. Karnataka High Court.
Karnataka Gram Swaraj and Panchayath Raj Act. Holding contractor’s licence under the GESCOM/KPTCL amounts to an ‘office of profit’. Such person is disqualified from contesting election. Karnataka High Court.
Suit for partition. Appointment of court commissioner during the proceedings to find out the existence of building etc would be unnecessary since such an exercise can be undertaken at the time of final decree proceedings. Karnataka High Court.
Workmen’s Compensation Act. Mere deposit of award amount with interest before the appellate court while challenging the award will not absolve the appellant from paying interest till the realisation of the award. Karnataka High Court.
Anti-Corruption Law & Service Rules. Borrowing authority can entrust an enquiry to the Lokayukta without obtaining prior permission/ approval of the lending authority. Karnataka High Court.
Registration of FIRs. Karnataka High Court directs DGP to issue Circular to all Station House Officers to follow directions issued in Lalita Kumari’s case. Circular to indicate disciplinary proceedings in case of lapse.
Karnataka High Court directs integration of Police IT with Road Accident Data Base, Forensic Laboratory Management System, Insurance Companies and Transport Department for the effective redressal of motor vehicle accident victims.
Application for Parole cannot be rejected merely because an appeal against conviction is pending. Karnataka High Court.
Election Petition without arraigning all the candidates to an election in an election petition where a declaration of the petitioner to be a returned candidate is sought for is liable to be dismissed. Karnataka High Court.
Election Law. Non-disclosure or suppression of the assets of the candidate or his his/her spouse in his nomination amounts to corrupt practice. Karnataka High Court.
Road Transport Corporation. Section 33 (2) (b) of the Industrial Disputes Act is required to be complied with only if punishment of discharge or dismissal is made and not in respect of other punishments. Karnataka High Court.
Mere demarcation of land in the Master Plan for road widening would not amount to acquisition. State can either acquire the land by paying compensation or return it to owner. Karnataka High Court.
“Living person cannot be deprived of a benefit of a death certificate of a person who is dead”. Karnataka High Courts directs BBMP to issue death certificate of employee washed away in heavy rain while working in a stormwater drain.
Karnataka Land Revenue Rules. Once a sale deed is registered Sub-Registrar shall forward details within thirty days to Tahsildar and Tahsildar is bound to make entries in Mutation Register. Parties need not do anything in this regard. Karnataka High Court.
Urban Land Ceiling (Repeal) Act, 1999. Merely on the basis of deemed vesting the State cannot take over land when the proceedings under ULC Act for vesting of land has not been completed by taking actual possession of the land. Karnataka High Court.
Child on attaining majority can seek his/her name to be incorporated in the Birth Certificate. The Corporation cannot reject such plea on the ground of delay. Karnataka High Court.
Poultry farm activity on agricultural land is not a commercial activity and hence Panchayat cannot levy tax. Karnataka High Court.
Karnataka Municipal Corporations Act, 1976. Without the issuance of a notice under Section 321 (1) a Confirmatory Order cannot be passed under Section 321 (3) based only on the notice under Section 308. Karnataka High Court.
Except on sufficient grounds, Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments and when the witness was not named in the list of witnesses and affidavit was not filed. Karnataka High Court.
Public Works Department cannot permit construction on the road margin on a State Highway or a Major Highway. Karnataka High Court.
Karnataka State Dispute Resolution Policy, 2021. Inter-departmental disputes can be adjudicated before the Interdepartmental Dispute Redressal Committee even after the dispute has arisen. Karnataka High Court.
Arbitration clause in a Governmentcontract or civil remedy is not a bar for the High Court to exercise jurisdiction if the payment is arbitrarily withheld. Karnataka High Court.
Property classified as ‘commercial axes’ can be used for commercial purposes though the property is situated in a residential layout. Karnataka High Court.
Person elected from General Category to a Gram Panchayath as a Member can at a later point of time contest for the post of Adhyaksha and Upadhyaksha in a reserved category so long as he belongs to such reserved category. Karnataka High Court.
MUDA. Successive applications made for site though of different measurements shall be taken into consideration for determining the seniority for the purpose of allotment of site. Karnataka High Court.
Karnataka Land Reforms Act. Proceedings under Section 79(A) & (B) cannot be initiated against a person who has purchased converted property after following necessary procedure under Section 95. Karnataka High Court.
New document cannot be produced in a Final Decree Proceedings which would have the effect of re-deciding the rights between the parties already decided in a preliminary decree. Karnataka High Court.
Civil Court has no power to modify or rectify the details of the property granted under the Karnataka Inams Abolition Act by the Special Deputy Commissioner. Karnataka High Court.
Gram Panchayat. Protection against no-confidence motion against president/VP who assume office after resignation, disqualification or death of the first elected President/VP would not go beyond earlier incumbents’ period. Karnataka High Court.
BBMP has no power to enquire into an allegation of encroachment simpliciter unless the encroachment is in violation of sanctioned plan. Karnataka High Court.
Daksha Legal 