Hon’ble Mr. Justice Anant Ramanath Hegde celebrates his 54th birthday today.
Hon’ble Mr. Justice Anant Ramanath Hegde: Born on 7th March 1971 at Sirsi in North Kanara District of Karnataka State. Completed the degree in law in June 1994 from the University College of Law, Dharwad Commenced practice in Sirsi courts in July 1994 under the guidance of grandfather Sri. A. M. Hegde and father Sri. R. A. Hegde. After the establishment of the High Court Bench in Dharwad, in 2008, started practice in High Court Bench at Dharwad. Sworn in as Additional Judge of the High Court of Karnataka on 08.11.2021 and as Permanent Judge on 21.09.2023.
Important Judgements delivered by Hon’ble Mr. Justice Anant Ramanath Hegde.
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.
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.
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.
Service law. Principle that ‘Rules of the game cannot be changed once the game has begun’ does not apply if the change is not illegal or contrary to any provision of law. Karnataka High Court.
When the application under Section 11(6) of the Act is pending consideration before the High Court, Arbitrator cannot be appointed by the authority named in the arbitration agreement. Karnataka High Court.
Appointment of Court Commissioner under Order XXVI Rules 9 and 10 of the Code of Civil Procedure. Karnataka High Court lays down authoritative guidelines.
Hindu Succession Act. Amended Section 6. Person who alienates properties in violation of injunction order of the court cannot take advantage of the alienation by taking shelter under the proviso to Section 6(1) of the Act. Karnataka High Court.
“The concept of ‘justice at the doorstep’ flowing from Articles 14 and 21 can’t be an empty formality”. Karnataka High Court suggests increase in the pecuniary jurisdiction of the District Courts to avoid flooding of the First Appeals in the High Court.
Hindu Succession Act. Partition of properties inherited under Section 8 will not change the nature of the properties to coparcenary. Karnataka High Court.
Revenue entries coupled with possession can be relied on in support of the plea of earlier oral/unregistered family arrangement. Karnataka High Court.
Arbitration Act, 1940. Arbitrator cannot award damages for an alleged breach of the contract when the contract does not provide for such damages in the event of such breach. Karnataka High Court.
Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.
Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.
Bombay Public Trust Act, 1950. When the requirements under Section 92 of the Code of Civil Procedure are met, the Civil Court ought to grant permission to sue. Karnataka High Court.
Agreement to sell recording delivery of possession of property before expiry of 15 years contemplated under Section 61 of the Karnataka Land Reforms Act is void and unenforceable. Karnataka High Court.
Photostat copy which is compared with its original is admissible as secondary evidence if other conditions required for production of secondary evidence are met. Karnataka High Court.
Widow of coparcener cannot be disqualified from inheriting her husband’s share in the joint family properties on the ground of she leading an unchaste and immoral life. Karnataka High Court.
Land Acquisition. Time to file cross objections by the landowner starts from the date of receipt of notice of the appeal filed by the beneficiary and not from the date of the award. Karnataka High Court.
Land acquisition. Courts exercising jurisdiction under Article 226 of the Constitution have the power to shift/ alter/ fix the date for reckoning the market value under certain circumstances. Karnataka High Court.
Karnataka Excise Act. Induction of wife of the deceased partner cannot be construed as creating new partnership or new entity for the purpose of issuance of licence. Karnataka High Court.
‘Special provision in favour of women should also pass the test of equality.’ Karnataka High Court strikes down Indian Military Nursing Services Ordinance, 1943 in so far as providing hundred percent reservation for women in the cadre of nursing officers.
Karnataka Stamp Act, 1957. Authorities cannot recover stamp duty ‘not levied or short levied’ beyond the period of five years unless there is fraud, collusion, wilful mis-statement or suppression etc. Karnataka High Court.
Mere irregularity in preparation of voters list in election to local body does not confer right on the members to assert as eligible voters and for counting their votes as valid votes. Karnataka High Court.
Karnataka Co-operative Societies Act. Registrar of Co-operative Societies has no jurisdiction to deal with question relating to approval of regulations applicable to members of Common Cadre Committee. Karnataka High Court.
Nominee or legal representative of deceased member of a Co–operative Society, admitted as a member cannot vote and contest in the election if he does not fulfil the eligibility criteria. Karnataka High Court.
Membership in a Co-operative Society is the basic eligibility to contest in an election. In addition, the member has to fulfil additional eligibility criteria if any fixed under the Statute and Bye-law applicable. Karnataka High Court.
Disqualification of membership in a Co-operative Society on being appointed as paid employee in the same Society. The membership will not automatically revive upon resignation to the employment. Karnataka High Court.
Civil Court has jurisdiction to decide shares of joint family members in the properties in respect of which occupancy rights are granted by the Land Tribunal. Karnataka High Court.
Principle that respondent can question adverse finding in judgment without filing an appeal does not apply to an adverse decree against him. Karnataka High Court.
’Legislation should be drafted in simple, concise language, supported by illustrative examples’. Karnataka High Court emphasizes the need for regular amendments and clarifications to ensure that laws align with constitutional court judgments.
Insurance Act. Amended Section 39 does not override the law relating to succession. Beneficial nominees get the benefits only when the testamentary and non-testamentary heirs do not claim the benefits flowing from the insurance policy. Karnataka High Court.
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Does a daughter ‘born after the amendment to Section 6 of the Hindu Succession Act, 1956’, inherit a share by birth in the coparcenary property that was allotted to her father’s share in the partition that took place before the amendment? Karnataka High Court points out the anomaly.
An agreement for sale executed within 15 years of a non-alienation clause under Section 61 of the Karnataka Land Reforms 1961 Act is illegal. Consequently, a party relying on such an agreement is not entitled to seek specific performance. Karnataka High Court.
Civil Court cannot entertain suit challenging the award passed by the Lok Adalath on a compromise, if such suit is filed by the parties to such award or any of the parties claiming through the parties to the said award. Karnataka High Court.
Notice under Section 106 of the Transfer of Property Act is not necessary to file a suit for eviction in case the tenure of the lease has come to an end by efflux of time. Karnataka High Court.
Will. Karnataka High Court recommends making a legal provision to enable recording of statements of testator and attesting witnesses during their lifetime, either before the Sub-Registrar or the Court, to avoid prolonged litigation.
Joint family among Mohammedans. When managing member of family acquires property, other family members can benefit from the acquisition if they can prove their contribution. Karnataka High Court.
Although Mohammedan law does not recognize joint family concept, it is still possible for individuals from the Mohammedan community to live together as a joint family unit or co-own properties. Karnataka High Court.
Suit for partition cannot be rejected for not providing the boundaries of the immovable properties over which the partition is claimed. Identity can be verified by the Court. Karnataka High Court.
Partition. Purchaser of an undivided share cannot claim exclusive share in the joint family properties, seeking allotment of a particular property, without the consent of the other joint family members. Karnataka High Court.
An order refusing or granting ex-parte interim measure on an application under Section 9 of the Arbitration and Conciliation Act falling under ‘Commercial Arbitration Dispute’ is appealable order under Section 37 of the Act. Karnataka High Court.
“Power of review is a creature of Statute’’. Deputy Commissioner has no power to review the order under the Karnataka Land Revenue Act. Karnataka High Court.
Objection relating to the inherent jurisdiction of the trial Court can be raised even for the first time before the appellate Court. Karnataka High Court.
Limitation to make a reference under Section 18 of the Land Acquisition Act 1894. Cause of action arises only after the conclusion of the proceedings under Section 30 of the Act. Karnataka High Court.
Temporary injunction in Trademark cases. Even if two conflicting views are plausible, the Court has to lean in favour of the registered trademark to hold that the trade mark is prima facie valid. Karnataka High Court.
Karnataka Souharda Sahakari Act. Assistant Registrar of Co-operative Societies has no power to wind up a Co-operative Society without the participation of the Federal co-operative, Union Cooperative, Creditors and other stakeholders. Karnataka High Court.
‘’Mubarat’’ is a form of divorce by mutual consent recognized by Muslim Personal Law. Family courts are duty-bound to accept the Mubarat agreement between the parties to dissolve the marriage. Karnataka High Court.
Employer is bound to deduct agreed amount from the salary of member of co-operative society when there is agreement to this effect with prior concurrence with the employer. Karnataka High Court.
Karnataka Co-operative Societies Act. Challenge to sale deed executed by member of a co-operative society in favour of a non-member cannot be subject matter of dispute under section 70. Karnataka High Court.
”Wardi transfer” or ”Mutation entry transfer” is not a recognised mode of transfer of property under the Transfer of Property Act. Karnataka High Court.
Hindu Succession Act. Children of predeceased son or daughter of a woman dying intestate are also entitled to share along with children of the woman as Class-I heirs. Karnataka High Court.
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