Hon’ble Mr. Justice Hemant Chandangoudar celebrates his 55th birthday today.
Hon’ble Mr. Justice Hemant Chandangoudar: Born on 28.09.1969. Enrolled as an Advocate on 11.02.1994.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 11.11.2019 and Permanent Judge on 08.09.2021.
Important Judgments delivered by Justice Hemant Chandangoudar.
Passport Act. Mere pendency of criminal case not a ground to refuse renewal of passport to return to India. Karnataka High Court.
Karnataka Societies Registration Act. Prosecution for not conducting annual general body meeting cannot launched after six months from the date of the alleged offence. Karnataka High Court.
If land falls within Corporation limits, there is no requirement to obtain permission under Section 95 of the Karnataka Land Revenue Act for diverting agricultural land for non-agricultural purpose. Karnataka High Court.
Criminal Law. Life imprisonment means imprisonment for complete span of life. Consecutive sentences in case of conviction for several offences at one trial does not arise. Application for clarification of sentence is not maintainable. Karnataka High Court.
N.I. Act. Section 138. When cheque is delivered for collection within the territorial jurisdiction of a Court where the payee maintains the account, proceedings cannot be initiated in other place. Karnataka High Court.
When a Company nominates a Director under Section 49(2) of the Legal Meteorology Act, 2009, initiation of penal proceedings against other Directors is not permissible. Karnataka High Court.
Motor Vehicles Act, 1988. Section 147. Person travelling on mud-guard of a tractor is NOT an authorized passenger. Persons working on ploughing/crushing machines attached to tractor are NOT employees. Karnataka High Court.
Customary divorce among PanchamasaliLingayats, though recognised under Section 29-2 of the Hindu Marriage Act, the same is required to be proved strictly in accordance with Section 60 of the Evidence Act. Karnataka High Court.
Attornment of tenancy in favour of purchaser is not required to initiate eviction proceedings under the Karnataka Rent Act, 1999. Karnataka High Court.
Karnataka Land Reforms Act. Tenancy created under registered lease deed by grandfather during minority of grandson. Same is binding unless the lease is challenged within three years after grandson attains majority. Karnataka High Court.
Land Acquisition. Challenge to land acquisition can be rejected by courts on the ground constructive resjudicata and res judicata. Issue regarding fraud already adjudicated binds subsequent proceedings. Karnataka High Court.
Undue influence, unless specifically pleaded in the plaint, cannot be assumed by the court based on evidence during trial. Karnataka High Court reiterates.
RTC entries in revenue records. Deputy Commissioner exercising power under the Karnataka Land Revenue Act cannot sit over the validity of registered title deed. Karnataka High Court.
FIR for the offence under Section 498-A IPC cannot be registered against woman alleged to be in illicit relationship with complainant’s husband unless essential ingredients of the offence are made out. Karnataka High Court.
Defamation. When a class of persons are mentioned to have been defamed and if such a class is indefinite, the complaint cannot be entertained. Karnataka High Court.
Offence by Companies. A person cannot be prosecuted unless he is shown to be in-charge of the Company as Managing director or Director. Karnataka High Court.
Vendor committing breach of agreement to sell his property and returning the advance amount to purchaser does not constitute criminal breach of trust. Karnataka High Court.
SC/ST (Prevention of Atrocities) Act, 1989. ”Pre-existing civil disputes cannot be converted into offences under the Act”. Karnataka High Court while quashing criminal proceedings under the Act.
Negotiable Instruments Act. Directors of a company cannot be held vicariously guilty of the offence punishable under Section 138 when the company is not arrayed as an accused in the complaint. Karnataka High Court reiterates.
Mahazar drawn contrary to Section 100 (4) Cr.P.C. is only irregular. Same cannot be termed as illegal if seizure can be proved upon search conducted. Karnataka High Court.
Person who gifted immovable property to Municipality on the assurance of alternative site is entitled to receive market value compensation if there is no provision for allotment of alternate site. Karnataka High Court.
Obtaining power of attorney from property owner and selling the property to third party does not by itself amount to cheating unless obtaining the power of attorney was with an intention to deceive the owner. Karnataka High Court.
Mere inducement to invest in money doubling scheme in the absence of dishonest intention to cheat the investor from the inception does not constitute either cheating or criminal breach of trust. Karnataka High Court.
FIR lodged during pendency of civil suit between parties giving criminal texture to civil dispute and to wreak vengeance is liable to be quashed. Karnataka High Court.
Bar under Article 363 of the Constitution to enquire into disputes arising out of merger agreement or instrument of accession between Ruler of an Indian State and the Government applies even to Revenue proceedings. Karnataka High Court.
Drugs and Cosmetics Act. Serving Government analyst report on accused after expiration of drug’s shelf life deprives valuable right of the accused to get the drug re-analysed. Criminal proceedings are liable to be quashed Karnataka High.
Range Forest Officer cannot register FIR in respect non-cognizable offences under the Karnataka Forest Act without obtaining prior permission from the Magistrate. Karnataka High Court.
Director of a company who resigned by submitting required Form before the Registrar of Companies cannot be held liable for bouncing of cheque issued after his retirement. Karnataka High Court.
Private complaint in respect of a cognizable offence without complying with Sections 154(1) and 154(3) of Cr.P.C is not maintainable. Karnataka High Court reiterates.
Conscious possession of live cartridges fully knowing the consequences is essential to constitute offence under Sections 3 and 25(1)(a) of the Arms Act. Karnataka High Court.
When there is no clause prescribing minimum quantity of electricity to be purchased by Govt Electricity Company under Power Purchase Agreement, licensee cannot be restrained from injecting power generator into the grid. Karnataka High Court.
To constitute offence under Section 3(1)(j) of the SC & ST (Prevention of Atrocities) Act, the accused must have employed the person for manual scavenging knowing fully well that he belongs to SC & ST community. Karnataka High Court.
Persons who had ceased to be directors of company cannot be arrayed as accused in proceedings under the NI Act in respect of cheque issued by the Company. Karnataka High Court reiterates.
Instigating Police personnel to go on mass leave and to participate in the strike seeking redressal of grievances do not constitute the offence of Sedition. Karnataka High Court.
Employee working under contractor sustaining injuries does not fall under the definition of ‘worker’ as defined under Section 2(l) of the Factory Act. Karnataka High Court.
BBMP Act 2020. Whenever transfer of property comes to the knowledge of the Chief Commissioner through notice under Section 149, he is bound to enter the name of the transferee in the property tax register. Karnataka High Court.
Permission to demolish dilapidated building. Though issuance of notice to adjacent owner is not necessary, it is incumbent to notify when demolition poses threat. Karnataka High Court.
Person who relinquishes land in favour of Corporation is entitled to maximum Transferable Development Rights as per the amendment to KTCP Act. Karnataka High Court.
President of a Gram Panchayat has no power under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 to cancel khata registered in favour of a person. Karnataka High Court.
BBMP cannot refuse to change khata of property duly purchased under a registered sale deed only on the ground of third-party objection. Karnataka High Court.
Gram Panchayat preventing licensed persons from carrying on business by introducing public auction without authority of law violates fundamental right under Article 19. Karnataka High Court.
Rejection of restoration application under the PTCL Act filed after 32 years. Remand of the proceedings on the ground of procedural irregularity cannot be ordered when fresh consideration is a futile exercise. Karnataka High Court.
Delimitation of wards based on the population is flexible clothing the Government with power to meet difficult situation since scale of representation may not be always uniform. Karnataka High Court.
In the absence of restraint order, mere pendency of a civil dispute cannot be a ground to refuse sanction of layout plan. Karnataka High Court.
Karnataka SC-ST – PTCL Act. Delay of seven years in applying for restoration of the granted land without any explanation for the delay. Application is liable to be rejected. Karnataka High Court.
”Elections are the essence of democracy”. Karnataka High Court directs the Govt to provide reservation for women in the wards having greater women population and to hold elections at the earliest.
When a statutory appeal is rejected as not maintainable, the appellate authority cannot make observations on merits touching the rights of the parties. Karnataka High Court.
Even the delay of 25 years cannot be a ground to reject application for restoration of deleted entry in revenue records when the applicant acquired the title by registered sale deed which remains unchallenged. Karnataka High Court.
Limitation to apply for cancellation of khata under Section 114A of the Karnataka Municipal Corporations Act is three years from the date of the order and not from the date of knowledge of the order. Karnataka High Court.
Power of the Deputy Commissioner to demarcate Panchayat area also includes inclusion or exclusion of fishing lakes. Karnataka High Courts.
Transfer of land allotted in a public auction for an upset price does not attract the provisions of the Karnataka SC/ST (PTCL) Act, 1978.
Cheque bounce case. Partnership firm cannot be held liable for dishonour of the cheque issued by a partner in his individual capacity. Karnataka High Court.
Prior service rendered by a teacher in Government Aided Institution shall be counted for the purpose of fixing pension. Karnataka High Court.
Criminal proceedings under the Karnataka Private Medical Establishment Act, 2007 cannot be initiated except on a complaint in writing by the authorized officer. Karnataka High Court.
Essential Commodities Act, 1955. Criminal proceedings cannot be initiated only against manager of company without arraying the company as accused. Karnataka High Court.
Insecticides Act, 1968. Criminal proceedings cannot be initiated only against director of company without arraying the company as accused. Karnataka High Court.
When agricultural land falling within local planning area is designated for residential purpose, the permission shall be deemed to have been granted subject to payment of fine prescribed under the Karnataka Land Revenue Act. Karnataka High Court.
Essential Commodities Act. Manager of a company cannot be prosecuted for substandard goods unless the manufacturer/company is arraigned as an accused. Karnataka High Court.
Post-dated cheque presented beyond the period of three months from the date the cheque bears will not attract the provisions of Section 138 of the N I Act. Karnataka High Court.
Before initiating criminal proceedings under the Factories Act, the authorities should pass an order on the reply submitted by the occupier or the factory manager to the show cause notice. Karnataka High Court.
Persons nominated under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are not eligible to be included in the electoral roll of the Local Authorities Constituency. Karnataka High Court.
When quality supervisor is appointed by a Company under the Fertilizer (Control Order), director of Company cannot be prosecuted for the offences under the Essential commodities Act. Karnataka High Court.
Criminal prosecution launched under the Insecticides Act against director of company without arraigning the Company as an accused is not maintainable. Karnataka High Court.
When company is alleged to have committed offence under the Karnataka Forest Act, prosecution cannot be launched only against the directors without making the company an accused. Karnataka High Court.
Proceedings under Section 138 N.I. Act cannot be initiated against a person who ceased to be director of a Company as on the date of issuance of the cheque. Karnataka High Court.
Legal Metrology Act. Common complaint in respect of several distinct offences based on different causes of action on different facts and different nature is not maintainable. Karnataka High Court.
Sales officer does not fall within the definition of workman and hence cannot raise a dispute under the Industrial Dispute Act. Karnataka High Court.
Karnataka Prohibition of Charging Exorbitant Interest Act, 2004. Police conducting raid without registering FIR at the first instance is illegal. Karnataka High Court.
While considering the application to engage private Prosecutor under Section 302 Cr.P.C, the Magistrate must form an opinion as to whether cause of justice would be subserved. Karnataka High Court.
Karnataka Excise Act. Police Officer entering and conducting search without search warrant or without recording the reasons for dispensing with obtaining search warrant is impermissible. Karnataka High Court.
Death of employee due to the negligence of the owner/occupier of the factory. Simultaneous prosecution under Section 304-A of IPC and Section 92 of the Factories Act is not permissible. Karnataka High Court.
Karnataka Tax on Entry of Goods Act. Denatured spirit and ethyl alcohol are two different products. Clarification cannot run counter to the Tax Entries to levy entry tax. Karnataka High Court.
Insecticides Act. Prior written consent by the State Government or a person authorized by it is mandatory before initiating the criminal prosecution for an offence under the Act. Karnataka High Court.
Insecticides Act. Criminal prosecution only against employee of Company cannot be launched without arraigning the Company also as an accused. Karnataka High Court.
Employee of an alleged scamster company cannot be criminally prosecuted unless it is shown that he connived with the fraudsters. Karnataka High Court.
Prosecution for obtaining false caste certificate can be launched only if the certificate is cancelled by the Competent Authority. Magistrate cannot decide the validity of the Caste certificate. Karnataka High Court.
Registration of the FIR under Sections 30 and 35 of the Arms Act which are non- cognizable cases without the order of a Magistrate is illegal. Karnataka High Court.
Sale of property pursuant to proceedings under the SARFAESI Act for the default committed by the borrower cannot be given the colour of criminal offences. Karnataka High Court.
Failure to pay fashion event organiser does not amount to fraud under Section 420 IPC unless there are clear allegations of intention to defraud from the inception. Karnataka High Court.
Wild Life (Protection) Act, 1972. Cognizance cannot be taken merely on the basis of the final report submitted by the Range Forest Officer. Karnataka High Court.
When the purpose of land acquisition is same and lands are similar, same amount of compensation shall be paid to owners, though the lands are lying in different villages. Karnataka High Court.
Registration of multiple FIR by same person against the same accused based on the same set of facts and the same cause of action is impermissible and violative of Article 21 of the Constitution of India. Karnataka High Court.
Wild Life (Protection) Act. Magistrate cannot take cognizance merely on the basis of final report by the police unless there is a complaint made by a person prescribed under Section 55A of the Act. Karnataka High Court.
Before taking cognizance of offence under Section 138 of N.I. Act against out of station accused, preliminary enquiry must be conducted as contemplated under Section 202 of Cr.P.C. Karnataka High Court.
Company purchasing stolen gold jewellery. Employees of the Company cannot be prosecuted unless the Company is also made accused. Karnataka High Court.
Removal and transportation of sand after obtaining prior permission of the Government does not attract penal provision of Section 379 of IPC since the Section implies removal of the property belonging to another person without consent. Karnataka High Court.
Investigation of non-cognizable offences. Mere endorsement by the Magistrate ‘permitted’ on the requisition cannot be construed as order under Section 155(2) of Cr.P.C. Karnataka High Court.
Magistrate cannot register the case on protest petition without first passing orders rejecting the ‘B’ report. Karnataka High Court.
Prevention of Corruption Act. Competent authority to grant sanction to prosecute head of the Department is the Cabinet. Minister in-charge has no power to grant such sanction. Karnataka High Court.
No criminal proceedings can be initiated against Notary Public except by an officer authorised by the Central or State Government by general or special order in this behalf. Karnataka High Court.
Tax cannot be levied on telecommunication towers erected by the Bharat Sanchar Nigam Limited (Government of India undertaking) on the immovable property belongs to it, or the Union of India save as the parliament may by law provide. Karnataka High Court.
Suit for partition by woman coparcener is not maintainable if the ancestral property was sold before coming into force of the amended Section 6 of the Hindu Succession Act. Karnataka High Court.
Companies Act, 1956. Offence under Section 217 is not a continuing offence. No criminal prosecution can be launched beyond six months in view of Section 468(2)(a) and (b) of Cr.PC. Karnataka High Court.
Suit filed by Bank for recovery of loan amount due from its debtor is not barred under Section 34 of the SARFAESI Act. Karnataka High Court.
Labour Court awarding partial backwagesfor proven unauthorised absence of workman for a long period runs contrary to the principle of ‘no work, no pay’ and cannot be justified under Section 11-A of the I D Act. Karnataka High Court.
“Prohibition of outdoor advertisement on non-residential private properties violates Articles 14 & 19(1)(a) and (g) of the Constitution of India” declares Karnataka High Court. Directions issued to take strict action against unauthorised hoardings.
No estoppel against statute. Landowners cannot be deprived of compensation for the Road Margin Area even though they accepted condition and derived benefit under the approved plan. Karnataka High Court.
Suit for permanent injunction. Pendency of tenancy dispute under Land Reforms before Tribunal does NOT prevent civil court to deal with issue of possession and to grant temporary/permanent injunction. Karnataka High Court.
Industrial Disputes Act. Labour Court must quantify monetary value payable to the Workman before directing the employer to implement the award under Section 33 (2) (c). Karnataka High Court.
Microbreweries also fall under the Karnataka Excise (Brewery) Rules and are entitled for refund/adjustment of unutilised excise duty and additional excise duty. Karnataka High Court.
Offence under Section 78 (3) of the Karnataka Police Act is non-cognizable. Police officer cannot investigate the offence without obtaining orders from the Magistrate. Karnataka High Court.
Word ‘permitted’ is not an order under Section 155 (2) Cr.P.C. Registration of FIR, in the absence of valid order as specified under Section 155 (2) of Cr.P.C. stands vitiated. Karnataka High Court.
Deputy Commissioner need not follow the procedure prescribed in Rule 5 of the Karnataka Excise Licences (General Conditions) Rules, 1967 while renewing the license. Karnataka High Court.
Religious Institution (Prevention of Misuse) Act, 1988. Election campaign in the temple premises by person who is not in-charge of the affair of the Temple does not attract the Act. Karnataka High Court.
Income Tax Act. Magistrate can take cognizance for the offences under Sections 277 and 278 only on the basis of complaint by the authorized officer with prior sanction from the competent Authority. Karnataka High Court.
Karnataka Police Act. Playing ‘’AndharBahar” in private house does not attract Common Gaming-House under the Act. Prosecution cannot launched in such a scenario. Karnataka High Court.
Karnataka Excise Act. Conducting search without obtaining order from the Magistrate and without recording the grounds for its dispensation under Section 54 is illegal. Karnataka High Court.
Mere pendency of litigation, in the absence of any restraint order, cannot be a ground for the Corporation not to enter the name of the purchaser in the khata. Karnataka High Court.
Mere pendency of civil dispute is not a ground to refuse sanction of building plan. Karnataka High Court.
Special Court established under Section 435 of the Companies Act, 2013, cannot take cognizance of an offence committed under the provisions of the Companies Act, 1956. Karnataka High Court.
Transfer of undivided interest by landowner in respect of apartment allotted to developer under Joint Development Agreement. Apartment value cannot be included for stamp duty calculation. Karnataka High Court.
NDPS Act. Importing drugs via consignment. When the ‘Controlled Delivery’ technique fails, proceeding with the criminal prosecution based solely on the voluntary statement amounts to abuse of process of law. Karnataka High Court.
Motor Vehicles Act. Transport schemes depend on various factors and play a pivotal role in ensuring connectivity, mobility and quality of life. Such schemes cannot be interfered with, unless it is arbitrary and discriminatory. Karnataka High Court.
Registered sale deed executed by the Agricultural Produce Marketing Committee cannot be unilaterally cancelled under the Karnataka Agricultural Marketing (Regulation of Allotment of Property in Market yards) Rules 2004. Karnataka High Court.
Criminal prosecution under the Companies Act 2013 cannot be launched for the actions which were valid under the Companies Act 1956. Karnataka High Court.
Sub-division of converted land without obtaining permission under the Karnataka Town and Country Planning Act cannot be a ground to reject transfer of khata by the Municipality. Karnataka High Court.
Planning Authority cannot ask landowner to relinquish land designated for road widening in the Master plan free of cost as a condition precedent for sanctioning the layout plan. Karnataka High Court.
Commissioner of Municipal Corporation cannot give a finding on the title of a person over the property while ordering cancellation of the khata. Karnataka High Court.
Land acquisition. Urgency clause can be invoked only for sufficient reasons to be recorded in writing. Delay on the part of the acquiring body invalidates the proceedings. Karnataka High Court.
Market value for the excess lands utilized for widening of National Highway has to be determined in commensurate with the market value determined in respect of the acquired land. Karnataka High Court.
Doctrine of res judicata cannot be used to reject a plaint, as its determination necessitates an examination of pleadings, issues, and decisions in prior suits. Karnataka High Court.
Urban (Ceiling and Regulation) Act. Revenue Inspector has no power to take possession of excess land. Karnataka High Court restores land to the owners after 30 years.
Criteria for exercising power under Section 482 Cr.P.C to quash FIR is the situs of the authority who has registered the case and not the place of commission of the crime either in full or part. Karnataka High Court.
Obtaining Succession Certificate by producing fabricated relinquishment deed. Cognizance of such offence can be taken only upon a complaint in writing of that Court or by any person authorized as stated under Section 195 of Cr.PC. Karnataka High Court.
Commission earned by payment aggregator, without the knowledge of the criminality, cannot be termed as facilitating illegal money transfer to invoke Section 3 of the Prevention of Money Laundering Act. Karnataka High Court.
Earnest money in sale transaction represents guarantee that purchaser will perform his part of the contract. It can be forfeited only when the transaction fails by reasons of the default or failure of the purchaser and not otherwise. Karnataka High Court.
Negotiable Instruments Act. Power of Courts to order interim compensation under Section 143(A) can be only in respect of the offences committed after the introduction of the Section in the statute book. Karnataka High Court.
Change of use under Section 14A of the Karnataka Town and Country Planning Act is not a condition precedent for conversion of land for non-agricultural purposes under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.
Estoppel. Party taking advantage under a compromise decree cannot question the decree for want of jurisdiction. Karnataka High Court.
Plaint can be rejected on the ground of resjudicata if the claim in the subsequent suit is based on the status of a person (adoption) already negatived in the earlier suit. Karnataka High Court.
Accused who is not charged with the predicate offence can still be prosecuted for the offence under the Prevention of Money Laundering Act. Karnataka High Court.
Land Acquisition Act. Delay in issuing preliminary and final notification has material bearing on the question of invocation of urgency power. Karnataka High Court.
Wakf Act. Employees of the Wakf Board can also participate in the auction for the sale of Wakf properties. Karnataka High Court.
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