“Know Your Judge”. Justice Umesh M Adiga. Karnataka High Court.

Hon’ble Mr. Justice Umesh M Adiga celebrates his 61st birthday today.

Hon’ble Mr. Justice Umesh Manjunath Bhat Adiga: Born on 09.01.1964. Native of Gadag. Enrolled as Advocate and practiced at Gadag. Appointed as Munsiff on 08.02.1995. Appointed as District Judge on 06.07.2009. Served as Registrar (Vigilance) High Court of Karnataka, Prl. District & Sessions Judge, Chikkamagaluru, Dharwad and as Presiding Officer, Industrial Tribunal, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022.

Important Judgments delivered by Hon’ble Mr. Justice Umesh M Adiga.

Service Law. Person ineligible for the post cannot question the appointment of another person to the post since Public Interest Litigation is impermissible in Service matters. Karnataka High Court. 

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When proceedings are initiated under the Karnataka SC/ST (PTCL) Act, the authorities are bound to examine whether the grant comes within the purview of the Act. Karnataka High Court. 

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Employees’ Provident Funds and Miscellaneous Provisions Act. Competent authority has discretion to reduce the percentage of damages under Section 14B and the same is justiciable. Karnataka High Court.

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Mere payment of premium amount before occurrence of accident will not cover liability if the insurance policy is issued with effect from the time after the accident. Karnataka High Court. 

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Mere existence of Arbitration Clause does not bar jurisdiction of the Civil Court unless the party exercises his right under Section 8 of the A & C Act. Karnataka High Court.

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Where driver of vehicle had no valid and effective driving licence, the insurance company shall pay the compensation to the claimant and recover the same from owner of the vehicle. Karnataka High Court reiterates. 

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MVC Act. Amputation of leg need not always result in 100% disability for the purpose of awarding compensation when the claimant can do the work which is not strenuous in nature. Karnataka High Court.

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Borrower of motor vehicle steps into the shoes of the owner of the vehicle and hence the borrower of the vehicle or his legal heirs are not entitled for compensation. Karnataka High Court.

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“Coparcenary system continues even after the 2005 amendment to the Hindu Succession Act.” Karnataka High Court explains the principles behind succession and survivorship.

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Income Tax Act. Exemption from restriction on cash transaction can be claimed only for special exigencies the burden of proving is on the assessee. Karnataka High Court.

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Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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