“Know Your Judge”. Justice J. M. Khazi. Karnataka High Court.

Hon’ble Ms. Justice J. M. Khazi celebrates her 61st birthday today.

Hon’ble Ms. Justice J. M. Khazi: 

Born on October 8th 1963, at Indi the then Bijapur (now Vijayapura) District to Late Smt. Rashida Begum & Late Sri. M.A. Kazi as their eldest daughter. She is having an elder brother and 3 younger sisters. Her Father Late Sri. M.A. Kazi served throughout Karnataka and retired as Public Prosecutor. She had her Education upto PUC at Badami, Gadag, Navalgund, Ballari and Mandya. She did her B.Sc. and LL.B at Shivamogga and LL.M. through Kuvempu University (Distance Education).

She started practice at Vijayapura and Bengaluru on both Civil and Criminal side. At Bengaluru practiced in the office of Sri.Ashok R.Kalyanshetty. She was selected as Civil Judge & JMFC during October 1993 and worked at Tumakuru, Somwarpet, Mandya, Bengaluru and Nelamangala. Promoted as Senior Civil Judge during 2003 and worked at Bengaluru and Sagar.

Promoted as District & Sessions Judge during July 2009 and worked as District & Sessions Judge, Bengaluru and Tumakuru, Prl. District and Sessions Judge, Shivamogga, Registrar (Administration) and Secretary to Hon’ble the Chief Justice, High Court of Karnataka, Presiding Officer, Karnataka Wakf Tribunal, Bengaluru, KSTAT, Bengaluru and now working as Registrar (Vigilance), High Court of Karnataka.

Appointed as Additional Judge of the High Court of Karnataka and taken oath on 25.03.2021 and Permanent Judge on 30.09.2022.

Hobbies: Reading, gardening and listening to music.

Important Judgments delivered by Hon’ble Miss. Justice J M Khazi.  

Reference and incorporation in a contract. Mere reference to another document in a contract will not incorporate terms of the document into the contract. Karnataka High Court.

Essential Commodities Act. Initiation of criminal proceedings without making company an accused are not maintainable and are liable to be quashed. Karnataka High Court.

Civil dispute being converted into criminal case amounts to abuse of process of law. Karnataka High Court quashes criminal proceedings initiated by apartment owner against the office bearers for disconnecting electricity supply.

Pendency of civil case is not a ground to dismiss criminal proceeding. Criminal case regarding forgery of Will cannot be dismissed on the ground that the finding in criminal case will have a binding effect in pending civil suit. Karnataka High Court.

 Re-Compensate forest land taken four decades ago for Harangi Reservoir Project. Karnataka High Court directs the State Government to handover 11,722 hectares of Revenue lands to Forest Department. 

Will. Principles governing proof of Will and mode of proving Will explained. Karnataka High Court.

Hindu Law. Separated son has No right in ancestral property left by kartha. He can claim share as Class-I heir after death of Kartha in notional partition. Karnataka High Court.

CLARIFICATION – Second wife, married during life time of first wife, getting share in the property of deceased husband. Karnataka High Court Judgment.

Hijab is NOT part of essential religious practice. Prescription of uniform is a reasonable restriction. Govt order is valid. 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.

Production of same medical bills repeatedly in MVC case to get higher compensation. Karnataka High Court deprecates the conduct of the Advocate.

Grant of benefit by statutory authority inadvertently or by mistake to few persons does not create right to other similarly situated persons to claim such benefit. Karnataka High Court.

 Reference and incorporation in a contract. Mere reference to another document in a contract will not incorporate terms of the document into the contract. Karnataka High Court.

Essential Commodities Act. Initiation of criminal proceedings without making company an accused are not maintainable and are liable to be quashed. Karnataka High Court.

Civil dispute being converted into criminal case amounts to abuse of process of law. Karnataka High Court quashes criminal proceedings initiated by apartment owner against the office bearers for disconnecting electricity supply.

Pendency of civil case is not a ground to dismiss criminal proceeding. Criminal case regarding forgery of Will cannot be dismissed on the ground that the finding in criminal case will have a binding effect in pending civil suit. Karnataka High Court.

 

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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