Hon’ble Mr. Justice C.M. Joshi celebrates his 61st birthday today.
Hon’ble Mr. Justice Chandarashekar Mrutyunjaya Joshi: Born on 24.01.1964. Native of Hubballi. Enrolled as Advocate and practiced at Hubballi. Appointed as Munsiff on 08.02.1995. Appointed as District Judge on 06.07.2009. Served as Deputy Secretary, Karnataka State Legal Services Authority, Central Project Co-ordinator (Computers), Registrar (Computers) at High Court of Karnataka and as Prl. District & Sessions Judge, Udupi, Belagavi & Prl. City Civil & Sessions Judge, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022.
Important judgments delivered by Hon’ble Mr. Justice C M Joshi.
Criminal law. Call records regarding conversation between accused and deceased are inadmissible in evidence unless the Certificate required under Section 65B of the Evidence Act is produced. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sRsc59ZvrxNYUfN0wMgVfjdmw
Motor Vehicle Act. When a claim petition is filed under Section 163A and the evidence on record shows the income is above Rs.40,000/- p.a, the claim petition is liable to be rejected, unless it is converted to one under Section 166. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/M3DQf8Bqn8yuh7DRlj9iiwWfQ
Disciplinary proceedings against daily wage employee can be initiated under the Karnataka Daily Wage Employees Welfare Act, 2012 only if his name is notified by the State Government as daily wage employee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/188NQJk9eEuJbsxbjZ1mXccjN
An order of acquittal adds up to the presumption of innocence in favour of the accused and hence the Appellate Court has to be relatively slow in reversing the order. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JKErAZPwa2A80zeZY6IJ8YYtf
Property allotted to a female in family partition between herself and her father is her absolute property and does not revert to heirs of her father under Section 15 (2) of the Hindu Succession Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0GSAvqWzFvg7BQeuJtMe8MXPE
Service benefits do not form bequeathable estate of Government Servant. Family pension does not form part of the estate of the deceased and as such it cannot be disposed off during lifetime by testamentary disposition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nkq4qgzHH8eQerJub77MJieWi
Grant of Succession Certificate will not determine rights of parties since it merely identifies the hands in which death benefits be given and it does not entitle such person to appropriate such benefits to himself. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FpGy47XzWhxSr6A2u19MQ6ok6
Adopted son becomes a coparcener in the adoptor’s family and cannot claim right in his genitive family properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/VsbGFAze5zHsxbp8uhudbl7bR
In case of ‘Act Only Policy’ which does not cover pillion rider with extra premium, liability cannot be fastened on the insurance company. Even the principle of ‘pay and recover‘ does not apply in such cases. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/gPDsYnJA9UmTVCcx6qtpnVtVo
When ‘package/comprehensive’ policy is issued, it covers all including the occupant, driver, pillion rider and the owner. Premium paid is irrelevant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/lPPuQpPRt0cLfNpjy7NqzLbQP
Karnataka Excise (General Conditions) Rules. Profit sharing ratio change in a partnership firm by 50% and above amounts to ‘’change of control and management of a firm’’ and attracts payment of transfer fee under the Rules. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/899d5fca0ba22bbcc8414526
The limitation period for instituting probate proceedings for a Will is three years, as per the residuary provision of the Limitation Act, subject to specified exceptions. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ba6b6b45b56c8ec4408877d9
Service Law. Deemed suspension of an employee would continue even after his detention comes to an end by virtue of enlargement on bail or otherwise till after the competent authority issues a formal order revoking the suspension. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cb67b9254289bd3175ee96a0
Hindu Succession Act. Partition of ancestral properties prior to 2004 amendment does not affect rights of daughters in the ancestral property notionally allotted to the father. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0749450816a0b296614abf0d
When brothers partition ancestral property, it continues as ancestral property. Son/daughter born after the partition will automatically acquire rights by birth. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0d9d67afd9ca0054b7972bc4
Service Law. ‘’It is the prerogative of the employer to deploy his staff suitable to the requirement of work/place unless the conditions of service otherwise provide’’. Employees cannot sit in self-judgment as to the validity of transfer order and disobey the same with impunity. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/59ec2b524a9c62870d398ea6
Bombay Pargana and Kulkarni Watan Abolition Act. Watan property belongs to the entire family, with all family members having hereditary interests eligible for a share. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/d801eebeebce168cfd5d15d9
Service Law. When a person is placed in independent charge of a post, albeit being eligible for promotion to that post, and later receives retrospective promotion, he is entitled to salary arrears corresponding to the pay scale of the said post. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/d53b09384b6f3a7a14b115ec
Karnataka Excise (General Conditions) Rules. Profit sharing ratio change in a partnership firm by 50% and above amounts to ‘’change of control and management of a firm’’ and attracts payment of transfer fee under the Rules. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/899d5fca0ba22bbcc8414526
Urban Development Authority’s imposition of a penalty for non-construction on the allotted site by the allottee within the stipulated period cannot be held to be unreasonable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/416688f6af7fc3d289dc45f9
POCSO Act. Document relating to date of birth of a student issued by School on the basis of entry of the date of birth made in the admission register can be relied for the purpose of age determination. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eVXsN8XXe7FGAkCaBb5FVy7PY
A person who acquires an interest in the suit property during the pendency of the suit can seek to be impleaded at the appeal stage by invoking Section 146 of the CPC which provision should be interpreted broadly and liberally to promote justice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/46267a95d6be1d8788102fcd
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