Hon’ble Mr. Justice M.I. Arun celebrates his 55th birthday today.
Hon’ble Mr. Justice Maralur Indrakumar Arun: Born on 24.04.1970, studied SSLC from MES High School, Jayanagar, Bengaluru; PUC from Mari Mallappa Junior College, Mysore; Graduated from the National Law School of India University, Bengaluru in the year 1993. Enrolled as an Advocate on 09.06.1993; practiced under Shri A.N. Jayaram, Former Advocate General of Karnataka and Shri B.N. Dayanand; started independent practice as an Advocate from the year 1996 and represented several Universities and various State Government Undertaking; was a Central Government Senior Panel Counsel and also Additional Government Advocate for a brief period. Elevated as an Additional Judge in High Court of Karnataka, Bengaluru on 07.01.2020 and assumed charge as a Permanent Judge on 25.09.2021.
Important Judgements delivered by Hon’ble Mr. Justice M.I. Arun.
When civil suit touching upon the constitution of the Managing Committee of the Trust is pending, petition under the Charitable and Religious Trusts Act, 1920 cannot be entertained. Karnataka High Court.
Land acquisition. Though KIAD Act doesn’t specify time within which final notification has to be issued, the same shall be done within a reasonable time. Karnataka High Court quashes final notification issued 14 years after the preliminary notification.
In a suit for ejection, Court fee is payable only on the rental amount and not on security deposit, premium or an advance or as a security deposit. Karnataka High Court.
Court in exercise of its power under Article 226 of the Constitution of India cannot sit as an Appellate Authority over the order passed by a statutory authority. Karnataka High Court.
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.
Land acquisition under BDA Act will not lapse when acquisition is complete even though the Scheme has lapsed.
Acquisition under BDA Act will not lapse when acquisition is complete though Scheme has lapsed. Incomplete acquisition quashed. Karnataka High Court.
Hindu Succession Act, 1956. Ancestral property partitioned and sold prior to 2005 amendment. Suit for partition by daughter is maintainable under the 1994 Karnataka amendment. Plaint cannot be rejected.
Authoritative pronouncement of the Karnataka High Court on the tests of motive eye witness interested witness independent witness unlawful assembly in a criminal trial.
Criminal Procedure Code. Appeal against conviction is not continuation of the prosecution. Victim has no right to be impleaded in such appeal and be heard on suspension of sentence. Karnataka High Court.
‘The House Committees are an extension of the legislature itself and do informed work’. Karnataka High Court upholds constitution of Special House Committee to examine irregularities in Nursing Colleges in Karnataka.
Court cannot take cognizance of any offence under the Factories Act, 1948 unless a complaint is made within three months from the date on which the alleged commission of the offence came to the knowledge of Inspector. Karnataka High Court.
Existence of a competing co-operative society in the area is only a guiding factor and not a restriction to permit new co-operative society under the Karnataka Co-operative Societies Act. Karnataka High Court.
Administrator under Section 27A of the Societies Registration Act cannot be appointed on vague allegations of irregularities in conducting election. Karnataka High Court.
Karnataka State Commission for Scheduled Castes and Scheduled Tribes has no power to direct the Government to withhold grants being made to an educational institution. Karnataka High Court.
National Calamity Contingent Duty is a surcharge which can be levied independently of the excise duty. NCCD can be levied even in the absence of levy of excise duty. Karnataka High Court.
Wife cannot be held liable under the N.I Act for dishonour of the cheque issued by her husband though the loan transaction is joint. Karnataka High Court.
Suit cannot be dismissed simply because Specified Value as contemplated under the Commercial Courts Act is not mentioned in the plaint. Court can order valuation and return the plaint if the valuation is more than Rs. three lakhs. Karnataka High Court.
Confiscation of goods under Section 130 of the CGST Act must be preceded by an opportunity of being heard and not mere opportunity of filing objections to the action contemplated. Karnataka High Court.
Industrial Disputes Act, 1947. Pendency of disciplinary proceedings cannot be a ground to deny the status of a protected workman unless the workman is also involved in criminal cases. Karnataka High Court.
Cooperative society. Except meeting notice, supply of copy of the motion to the person against whom the no confidence motion is moved is not necessary. Karnataka High Court.
‘Avoid making governmental policies which conflict with one another’. Karnataka High Corut advises the State Government.
Karnataka Gram Swaraj and Panchayat Raj Act. Adhyaksha can only stay the execution of order or resolution of Taluk Panchayat if it is unjust and unlawful etc. He cannot sit as an appellate authority and decide the dispute. Karnataka High Court.
Prohibition against double allotment of shops under the APMC Act applies even when the trader ‘possesses’ another shop. Karnataka High Court.
When civil suit touching upon the constitution of the Managing Committee of the Trust is pending, petition under the Charitable and Religious Trusts Act, 1920 cannot be entertained. Karnataka High Court.
Authoritative pronouncement of the Karnataka High Court on the tests of motive eye witness interested witness independent witness unlawful assembly in a criminal trial.
SARFAESI Act. Jurisdiction of Civil Court is NOT ousted to adjudicate dispute prior to mortgage in favour of bank. Suit challenging very validity of mortgage in favour of bank is maintainable. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Minor procedural flaws do not invalidate a no-confidence motion if the essential legal requirements are met. A distinction exists between illegality, which violates a fundamental principle of law, and irregularity, which involves a deviation from established procedures that can be remedied. Karnataka High Court.
Central Goods and Services Tax Act. When the initial action of search and seizure conducted by an improper officer is illegal, all further actions undertaken are also rendered illegal and unenforceable. Karnataka High Court.
Karnataka High Court directs the State Government to devise a mechanism to conduct phodi, durasti and hudbast in respect of granted lands and the lands alienated by any person.
Land acquisition. Grant of a house site under the rehabilitation package shall be determined by ownership rights over the land, rather than actual cultivation of the land at the time of acquisition. Karnataka High Court.
Auction purchaser cannot be asked to pay interest on the sale amount when the delay in execution of the sale deed is solely attributable to the vendor authority. Karnataka High Court.
Karnataka Land Grant Rules. Mortgage to a Co-operative Bank is not an alienation. Mortgagee is entitled to sell the property while enforcing the mortgage even within the prohibited period. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Power conferred on Adhyaksha to stay the execution of any order or resolution of Taluk Panchayat is not appellate in nature to decide the dispute itself. Karnataka High Court.
Land acquisition. Though KIAD Act doesn’t specify time within which final notification has to be issued, the same shall be done within a reasonable time. Karnataka High Court quashes final notification issued 14 years after the preliminary notification.
Daksha Legal 