Hon’ble Mr. Justice S G Pandit celebrates his 59th birthday today.
| Hon’ble Mr. Justice Shankar Ganapathi Pandit: Born on 16th November 1965. Appointed as Additional Judge of the High Court of Karnataka and took oath on 14.02.2018 and Permanent Judge on 07.01.2020. |
Important Judgments delivered by Hon’ble Mr. Justice S G Pandit.
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/CcE8QyK6U6NgWpzIomK5Unuqn
Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/J7SUC5FzGOJo30NpbosF1aFgC
Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sZzSNqmS8Q0tyLAluoF04hls8
KIADB Act. Though no time limit is prescribed for publication of the final notification after the preliminary notification, if the final notification is not issued within two years, the acquisition will lapse. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QLfAsxm2tdxwe2TkfE0Z5vYor
Motor Vehicles Act. Power of the Tribunal or the High Court to award just and fair compensation to the victim is not taken away because of prayer for a lesser amount. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/RdwNGdXfjDc2PcIiDJDuDt1CB
Education. ”On account of the pandemic, one cannot give up maintaining standards of education”. Karnataka High Court while rejecting plea of law students to dispense with exams.
https://dakshalegal.com/judgements/actionView/gZeUGT7o3ig8p2wuWUtS939ev
Caste Certificate and Creamy Layer Certificate cannot be treated alike. Caste Certificate status is permanent whereas Creamy Layer Certificate status varies from time to time depending on income. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/pvH8V0Px2wNa8X00sUAsryd1i
”Look Out Circular” cannot be sought by the bank for recovery of dues unless economic interest of the country is involved. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/SMbOkJKZgwqWiaHhC3hLqJxVd
When the statutory body fails to honor its commitment to allot industrial plot, it is bound to refund the entire amount paid by the prospective allottee. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/CdzBDekiB2GYJgGA8oASNymvq
Writ Petition challenging provisional seizure order under Section 37A of the Foreign Exchange Maintenance Act cannot be entertained since it is subject to confirmation of the Competent Authority. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/hyzfSzOLixeBnZncL34k08D1e
Karnataka Civil Services Rules. No enquiry can be initiated against a retired person in respect of an event which had taken place more than four years prior to the enquiry. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QIGrB9fMMZyPvD7Z44QqSwryc
Karnataka SC/ST (PTCL) Act. Initiation of proceedings 7 years after the sale that too after receiving the entire sale consideration is hit by doctrine of unreasonable delay. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/JE1YmGs0wo7RiVFlmAN3euYam
Hindu Marriage Act. Mere inability of the wife to obey decree for restitution of conjugal rights is not a ground to dismiss her petition for divorce. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/guHwrCwsRPd0Moq21Ydldsbnb
Obtaining approval or sanction from the Government is not mandatory while issuing Preliminary Notification under Section 4(1) of the Land Acquisition Act for acquisition of lands in favour of the Karnataka Housing Board. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/QKFjIvT1x5DfTFO1kDFcut5Ed
When the State takes over private land of a person who has undisputed title over it, the owner cannot be asked to approach the civil court for compensation. Refusal to pay compensation violates constitutional mandate. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/bERYifzXGcQO8qX7vDVPlXsOW
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/CcE8QyK6U6NgWpzIomK5Unuqn
Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/J7SUC5FzGOJo30NpbosF1aFgC
Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sZzSNqmS8Q0tyLAluoF04hls8
Suit for specific performance. Third parties or strangers to the contract cannot be made parties to the suit, even if they claim to be joint family members and assert title over the property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/a0982300f7cf6665bb64bcee
When defendant raises a genuine dispute regarding title, thereby casting a cloud on the plaintiff’s title, the plaintiff cannot pursue a suit for mere injunction either preventive or mandatory. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/a897b8abc6583e37369e4882
Service Law. Corruption cases warrant severe penalties. Tribunal cannot replace dismissal order with compulsory retirement solely based on sympathy. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2c1593a413e1217938a743d0
Insolvency and Bankruptcy Code. Even statutory dues owed to Government get extinguished if such claims are not part of the insolvency resolution plan. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cea77091cc00764e2c952eea
Legal representative of deceased defendant can file additional written statement setting up his own independent title to the plaint schedule property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/d5yfMs8eqC2vycmIUtcMzJYMi
Maintenance and Welfare of Parents and Senior Citizens Act does not apply to transactions which have taken place prior to coming into force of the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pCY1sjKDuCBiYkSleOsYB9Bem
Commercial Courts Act. Loan or dispute with regard to loan not based on any mercantile document cannot be considered as ‘commercial dispute’ simply because the amount involved is above the specified value. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/M7yVLTf4rePg4sWG8iXNhHbAY
Expiry of arbitration mandate. For the purpose of calculating the period of twelve months, time during which arbitration proceedings were stayed by the Court has to be excluded. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/29i49SJKjVOkG6dn1YgMyhdsY
Expiry of the arbitration. When parties file claim, defence, counter-claim, rejoinder and surrejoinder, the last of the pleadings shall be taken as the starting point to calculate twelve months. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/arjSdobZkbkuuEln46hf2GErH
Review order by the Commissioner under Section 114A of the Karnataka Municipal Corporations Act. The Standing Committee cannot interfere with the order since it has no appeal power. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yCaP54CG6etE6rpsfDsuVrpAb
Karnataka Municipal Corporations Act. Attachment of property in civil suit cannot be a ground not to sanction building plan for putting up construction on the property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aNxE8KkbnozQ0XMuHU5IaqFGn
Karnataka Land Reforms Act. Non-alienation clause operates from the date of final order passed by the Tribunal and not from the date of issuance of Form-10 to the tenant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xGYU6u87KgK7jcgsCepKKbfkX
Telegraphs Act. When a high-tension wire is erected over the land, definitely value of the land diminishes. While arriving at diminutive value, all factors such as crops grown, etc., is to be taken note of. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vdmLcYS4zqnXwhRFS8sE4tBSz
Karnataka Municipal Corporations Act. Random scrutiny of the property tax returns can be undertaken by the Commissioner only after prior notice to the owner and inspection/measurement/survey of the property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/V3qXhZmIzW12nepSJOTpez970
KIADB cannot unilaterally cancel allotment of industrial plot for non-implementation of the project in time when the delay is attributable to reasons beyond the control of the allottee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WSin1YBv0xI8auNOs4v4YQiqb
Karnataka SC/ST (PTCL) Act. Initiation of proceedings 7 years after the sale that too after receiving the entire sale consideration is hit by doctrine of unreasonable delay. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JE1YmGs0wo7RiVFlmAN3euYam
Karnataka Civil Services Rules. No enquiry can be initiated against a retired person in respect of an event which had taken place more than four years prior to the enquiry. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/QIGrB9fMMZyPvD7Z44QqSwryc
Compensation for drawing high-tension lines. Since possession of land remains with owners and growing agricultural crops permitted, diminutive value cannot exceed 30% of the market value. Karnataka High Court.
https://www.dakshalegal.com/articles/actionView/xg9qdYNjnhAgb60murWWKc6b6
Registration Act. An unregistered document can be marked in evidence for collateral purpose. Karnataka High Court.
https://www.dakshalegal.com/articles/actionView/PWtAmwzbU4V8BDyC0zLvnJgAx
MV Act. Ex-gratia payment paid to victim cannot be deducted from the compensation awarded to the claimants. Karnataka High Court.
https://www.dakshalegal.com/articles/actionView/NOAFlcIsZOnjddMLavzfhMS7v
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