Hon’ble Mr. Justice Ashok S. Kinagi celebrates his 55th birthday today.
Hon’ble Mr. Justice Ashok S. Kinagi: Born on 01.01.1970. Enrolled as an Advocate in the year 1995. Practiced in High Court of Karnataka, Kalaburagi Bench from 2008 to till date.
Practiced in the field of Civil, Land Acquisition and Service Matters etc,.
Panel Advocate – Hyderabad Karnataka Education Society, Gulbarga, Khaja Banda Nawaj Education Society, Gulbarga, Alstom Project India Limited, Shahabad, ACC, Wadi, Karnataka State Financial Corporation, Karnataka State Industrial and Development Board, Ganesh Co-Operative Bank, Gulbarga, Punjab National Bank, Gulbarga, Hutti Goldmines, Hutti, Dist. Raichur, The Karnataka Power Transmission Corporation Limited.
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 Ashok S. Kinagi.
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OiwuuVQoRpueJqpc7FH7hYD6L
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ISyNrSJgH381e8MtCf04I4l04
Karnataka SC/ST (PTCL) Act. When earlier suo-motu proceedings were dropped by the Assistant Commissioner, fresh proceedings cannot be initiated by the grantee without challenging the said order. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AJoh9OSw8sVKmUY0TY8lh8ZRs
Karnataka Land Grabbing (Prohibition) Act. The Civil Court must record a clear finding about land grabbing in order to transfer the case to Special Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EGK34DoAowG3lrQycFrNCzzDc
Land restored under SC/ST (PTCL) Act to original grantees cannot be construed as Government land to invoke the provisions of the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/KMirgxzIfHIasSUONZITE3FNF
Constitution of India. Article 226. In a writ petition challenging the interim order passed by a Labour Court or Industrial Tribunal, refusal to interfere is a rule and interference is an exception. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/f6Nx5lw1qIxLAedTjeNJh6qlU
Intra-court appeal under the Karnataka High Court Act is not maintainable against an order passed by the Single Judge assailing an award passed by the Labour Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/l0APyr5QOvLYbT4oaN5KX6ECp
Even an earlier registered sale deed does not confer right over property declared subsequently as Wakf property as long as the declaration is not set aside. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rjUWKppk5Jz9Crx4A9DRrYfhx
Application for amendment of pleadings cannot be entertained after the commencement of trial, unless the party could not raise the issue before commencement of trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sMarBhAdVKojnF0UufQjj3BcG
Corporation cannot demand tax in respect of an industrial plot unless the industrial area is included within the Corporation limits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RK1tWgpbzRJ8W20fMI68zH1RQ
Khata of property cannot be changed when civil suit in respect of the property is pending adjudication before the Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/VRjwUmsxIdjlhPxowCXaMuqLN
KMMC Rules. When the order of Competent Authority is approved by the Controlling Authority, who is also the Revision authority, Revision can only be filed before the State Government. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qShEUGV1528ixEHut1KH6TnwW
Committees under Article 194(3) of the Constitution are not vested with adjudicatory jurisdiction which belongs to judicature under the constitutional scheme. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/DRiFF4ELOPCsOOmhovGy5jU0W
Allotment of industrial plot cannot be cancelled on the ground of delay in implementing the project when the delay is attributable to reasons beyond the capacity of the allottee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MpX5z3ecw3FQlLMJp2Xt83JlL
Transfer of Property Act. Upon valid transfer of property, attornment of tenancy takes place and the tenant cannot question such derivative title. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/QLLLgiNiMY5RdR3XbB9M9o6Az
Property of first wife dying intestate goes even to the legally married second wife after the death of her husband. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LMHdIWYo2SZXPoAijtDGUKZlL
Unless the factum of Benami transaction is established, property purchased in the name of female becomes her absolute property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/x26LL47guabJs0lpH9QE5bbb5
Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZYHIFcx04MWCD3uvVPPjBcDAm
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OiwuuVQoRpueJqpc7FH7hYD6L
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ISyNrSJgH381e8MtCf04I4l04
Prior notice under the Karnataka Panchayat Act is not necessary for institution of suit for perpetual injunction under Section 38 of Specific Relief Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2bcafd2a4a7af0be3972321e
Hindu Succession Act, 1956. When propositus dies prior to 1956 leaving ancestral properties, the entire ancestral properties vest in surviving male coparceners excluding the daughters. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/3c53d86db0150c64708045d7
Civil suit against Forest Officers who act under the color of duty to preserve forest land is not maintainable without sanction of the State Government under Section 114-A of the Karnataka Forest Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y1iurkwuwmKFmSjrvjaehltPQ
Issue regarding valuation and Court fees cannot be tried as a preliminary issue in a suit and shall be tried along with other issues. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CyRjk03cFcS7mUVjkJpGeCYhP
Specific performance. Agreement executed within the prohibited period under the Karnataka Land Reforms Act cannot be specifically enforced. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JXbvzbdckChHoVjXFDJpo1KqR
Violation of condition in land grant order will not result in automatic cancellation of the grant unless the Government initiates proceedings for resumption of the land. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JtXVUH9RmrCs4V9LcX1QeKALm
Court Fee. When agricultural land falls within the Corporation limit, the market value has to be taken into consideration even though the land continues to be shown as agricultural in the revenue records. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/HkAL3PAu5vbuxONOKfhi0o1vo
When Court dismisses suit for declaration of title over the property, it cannot grant consequential relief of injunction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JqwSQTq6C8L2ZyKAVKbR4nNOF
“Dependency on daughter does not end with her marriage”. Parents can seek compensation for the death of their daughter in a motor vehicle accident. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YDS3pP7FsADexvx4huD28syXL
Power of attorney executed in favour of blood relatives as mentioned in the Karnataka Stamp Act need not be stamped as a document of conveyance. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/KTGpPlrPqnrMIOpJh0M53Z8NN
Sale of ancestral property. Recitals in the sale deed of legal necessity do not by themselves prove the legal necessity though they are admissible in evidence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/DCTfmAhlPFYnuhaDoxGvzTS1c
Karnataka SC/ST (PTCL) Act. Land converted for non-agricultural purposes no longer remains ‘granted land’ and hence there is no requirement of prior permission to sell such land. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/E45odxkodFuDhdjNGkJv36YV5
Persons who purchased suit schedule property during the pendency of suit for specific performance can be added as additional defendant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OvGKh1uIz1CF8oMo5DRVLJuLb
Delay in completion of the project on the industrial site allotted by the KIADB. Allotment cannot be straightaway cancelled by the authority without giving opportunity to the allottee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OrhSyIDPU905gZ3aTOfk67ucB
In a suit for declaration, the plaintiff is expected to prove his title to a high degree of probability and not beyond reasonable doubt. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/a7PrNU32SJlsz0dmpEmxrWjR1
Karnataka SC/ST (PTCL) Act. Prima facie, the amendment to the Act does not change the legal position that the application for restoration has to be filed within reasonable time. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NKABMwxdCpjentz4o0ahuXCK0
Intra-court appeal under the Karnataka High Court Act is not maintainable against an order passed by the Single Judge assailing an award passed by the Labour Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/l0APyr5QOvLYbT4oaN5KX6ECp
Daksha Legal 