Hon’ble Mr. Justice Sachin Shankar Magadum celebrates his 53rd birthday today.
Hon’ble Mr. Justice Sachin Shankar Magadum: Born on 05.05.1972. Graduated LL.B. at R.L. Law College, Belagavi. Enrolled as an Advocate on 31.10.1998. Practiced at Chikodi from 1998 to 2001.
From 03/07/2001 to June 2008 practiced at High Court of Karnataka, Bengaluru, in the field of Civil, Criminal and Constitutional Matters. After establishment of Circuit Bench at Dharwad shifted practice to High Court of Karnataka, Bench at Dharwad. Appeared before the Karnataka Appellate Tribunal and other Tribunals, and also before Karnataka State Consumer Disputes Redressal Commission and stood as Standing Counsel for National Highways Authority of India and Karnataka Institute of Medical Sciences, Hubbali.
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 Judgements delivered by Hon’ble Mr. Justice Sachin Shankar Magadum.
Karnataka Police Act. Failure to provide reasonable opportunity to the person sought to be removed from the local limits of his jurisdiction renders the order illegal. Karnataka High Court.
Karnataka Urban Development Authorities Act. Failure to implement the scheme substantially within five years and shifting of the scheme to other land results in lapsing of the acquisition proceedings. Karnataka High Court.
Educational qualification cannot be insisted for transfer of authorization of licence on compassionate ground Karnataka Essential Commodities (Public Distribution System) Control Order. Karnataka High Court.
Landowner is entitled to additional interest on the compensation when dispossessed from the property before the initiation of the acquisition proceedings. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. In an appeal under Section 5A of the Act by the grantee, Deputy Commissioner can NOT stay mutation entry in the name of subsequent purchaser. Remedy is only under the Karnataka Land Revenue Act. Karnataka High Court.
C.P.C. Execution. Person who claims under a Will and seeks declaration of title and possession can NOT maintain application under Order 21 Rule 97 as obstructer. He has to file separate suit for declaration and possession. Karnataka High Court.
Suit for possession based on title without seeking declaration of ownership is maintainable when the defendant does not assert the title to himself. Karnataka High Court.
Suit against public trust. Court cannot entertain application seeking appointment of receiver by deferring the application seeking leave to prosecute the suit under Section 92 of CPC. Karnataka High Court.
Acceptance of lesser share by father in ancestral properties in family partition will not prevent his son from claiming actual/correct share in the properties. Karnataka High Court.
Decree holder can decide in which of the several modes mentioned in Section 51 of the Civil Procedure Code, he will execute his decree. The judgment debtor cannot invoke the Section. Karnataka High Court.
Mere amendment to plaint adding properties describing them as joint family properties will not cause hardship since the nature of the properties need to be substantiated during the trial. Karnataka High Court.
Where property is sold under the Partition Act 1893, provisions of Order 21 Rules 84 & 85 CPC regarding mandatory deposit of entire balance sale price within 15 days do not apply. Court can extend time for such payment. Karnataka High Court.
When a cross objection is not maintainable independently, then there is no question of maintaining two separate order sheets as per Rule 155 of the Civil Rules of Practice. Karnataka High Court.
In a suit for partition, defendant can seek direction to plaintiff to include certain properties in the plaint schedule and seek partition of the same. Karnataka High Court.
Non-binding arbitration agreement with an option to litigate further if the parties do not resolve the disputes pursuant to such non-binding arbitration cannot be termed an arbitration agreement. Karnataka High Court.
Advocate representing a party has a right to be physically present in a Remote Point when the evidence of his client is being recorded. Karnataka High Court.
Court exercising revisional power under Section 115 Civil Procedure Code can admit additional evidence/document. Karnataka High Court.
Question of violation of building bye-laws or plan etc are within the exclusive jurisdiction of the planning authorities. Civil Court cannot try these aspects in a civil suit. Karnataka High Court.
SARFAESI Act. Even person other than principal borrower, like tenant, can challenge the order passed under Section 14 only before the competent Tribunal. Writ petition is not maintainable. Karnataka High Court.
”Courts are under an obligation to follow religious text and old practices in religious disputes so long as they do not violateconstitutional rights of an individual”. Karnataka High Court while approving Bala Sanyasa.
”On account of expansion of public interest litigation, we are witnessing frivolous litigations and increasing instances of abuse of public interest litigation.” Karnataka High Court.
Guns are part of martial race Kodavas. Exemption of Kodavas under the Arms Act is a reasonable classification. Karnataka High Court.
Privatisation of Airports. Policy decision of the executive are best left to it and a Court should not interfere with the policy decision unless the decision of the authority is mala fide, arbitrary, irrational or unreasonable. Karnataka High Court.
‘Planting trees on a barren Government land is not a crime. Afforestation is an essential tool to deal with global warming’. Karnataka High Court
Karnataka SC-ST (PTCL) Act, 1978. If the grantee converts the granted land for non agricultural purposes, it is no more a ‘granted land under the Act’ and hence prior permission to sell is NOT necessary. Karnataka High Court.
Karnataka SC-ST (Prohibition of Transfer of Certain Lands) Act, 1978 is NOT applicable if the granted land is converted by the grantee to non-agricultural purposes under the Karnataka Land Revenue Act, 1964. Karnataka High Court.
Evidence Act and Karnataka Stamp Act. Even a photocopy-xerox copy of the original document can be impounded and deficit stamp duty can be collected by the Court if the same is produced after laying proper foundation. Karnataka High Court.
Land acquisition. Kharab lands falling under category ‘A’ of the Karnataka Land Revenue Rules belong to landowners and not to Government. Landowners are entitled to compensation. Karnataka High Court reiterates.
C.P.C. Order 39 Rules 1 and 2. Grant of temporary injunction restraining usage of confidential information of plaintiff by defendant. Principles summarised. Karnataka High Court.
Mareva Injunction. Court can grant mareva injunction where recovery of amounts outstanding is a long drawn process and transfer of assets by defendant defeats the claim of the plaintiff. Karnataka High Court.
Arbitration and Conciliation Act. Award rejecting claim if found to be illegal fresh award cannot be made by Court under Section 34. Only option is to set aside award and leave parties to resume Arbitration once again. Karnataka High Court.
Arbitration and Conciliation Act. Application under Section 9 is maintainable even after conclusion of arbitral proceedings and during Section 34 proceedings only in so far as the claim granted by the arbitrator. Karnataka High Court.
CPC. Attachment before judgment is a drastic power which should NOT be exercised mechanically to convert unsecured debt into a secured debt. Prima facie case and the chance of suit being decreed are relevant. Karnataka High Court.
Hindu Succession Act. Amended Section 6. Plea of prior partition. Mere partition decree will not sever joint family status. Until final decree is passed and allottees of shares are put in possession – there is no partition. Karnataka High Court.
Contempt of Courts Act. High Court has no power to take cognizance of contempt of Appellate Tribunal since the Tribunal is not court subordinate to High Court. Karnataka High Court.
Specific Relief Act. Bar under Section 22 against grant prayer not sought for does not curtail power of the appellate Order XLI Rule 33 CPC. Court can refund of sale consideration even in the absence of prayer. Karnataka High Court.
Income Tax Act. Section 147. Mere change of opinion on consideration of the same material is not a ground to reopen the assessment. Full Bench Karnataka High Court.
A member of the Bar is expected to act first as an Officer of the Court and thereafter as the mouthpiece of his client. Karnataka High Court censures lawyer for filing contemptuous petition.
Karnataka High Court follows 1948 Privy Council judgment on boundary dispute. The judgment has become Locus Classicus even after seven decades.
CPC. Attachment before judgment is a drastic power which should NOT be exercised mechanically to convert unsecured debt into a secured debt. Prima facie case and the chance of suit being decreed are relevant. Karnataka High Court.
C.P.C. Order 39 Rules 1 and 2. Grant of temporary injunction restraining usage of confidential information of plaintiff by defendant. Principles summarised. Karnataka High Court.
Land acquisition for Urban Development Authorities. Prolonged delay in issuing final notification after preliminary notification amounts to abandonment of acquisition. Landowner can utilize the lands in accordance with law. Karnataka High Court.
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1978. ‘Granted land’ (original grant to SC-ST persons) includes house sites or non-agricultural land also. Karnataka High Court.
Karnataka SC-ST (Prohibition of Transfer of Certain Lands) Act, 1978 is NOT applicable if the granted land is converted by the grantee to non-agricultural purposes under the Karnataka Land Revenue Act, 1964. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. If the grantee converts the granted land for non agricultural purposes, it is no more a ‘granted land under the Act’ and hence prior permission to sell is NOT necessary. Karnataka High Court.
Second wife whose marriage was valid before coming into operation of the Hindu Succession Act, 1956 is entitled to inherit the properties of her husband in terms of Section 10. Karnataka High Court.
Resjudicata applies even to wrong decisions. Judgment which has attained finality intra-parties cannot be re-opened simply because the legal position is altered in another subsequent judgment. Karnataka High Court.
Civic Amenity sites cannot be sold since they play a crucial role in shaping the quality of life within urban areas. Karnataka High Court.
An arbitral award cannot be really treated as an instrument under the Stamp Act. Executing Court cannot impound the decree or levy penalty. Karnataka High Court.
Married daughters constitute independent unit for the purpose of determining excess land under Section 63(4) of the Karnataka Land Reforms Act. Karnataka High Court.
Land Acquisition Act. If an application is filed to refer dispute to civil court, the authority concerned cannot refuse to make a reference under Section 30. Karnataka High Court.
When there is a doubt as to whether an unregistered document is partition deed or relinquishment deed, it can be adjudicated only during the trial. Trial Court cannot refuse to accept it in evidence by conducting a mini trial. Karnataka High Court.
A registered partition acts as complete disruption of the joint family status. Son born subsequent to the partition cannot seek reopening of the partition unless the partition was within his own family. Karnataka High Court.
Hindu Adoption and Maintenance Act. Parties governed by the Bombay School of law though residing in Karnataka can adopt a person who has attained the age of majority. Karnataka High Court.
Right of a daughter under Section 8 of Hindu Succession Act is not affected by alienation after death of father and before amendment to Section 6 of Hindu Succession Act. Karnataka High Court.
Suit for specific performance in respect of Inam land. Non-alienation clause in the grant order is not a relevant question while examining the controversy between the parties. Karnataka High Court.
Suit for specific performance. Even when possession was delivered prior to agreement of sale, the agreement shall be treated as the one coupled with possession and the stamp duty shall be paid accordingly. Karnataka High Court.
”We must import a little commonsense into notices of this kind.” Statutory notice akin to Section 80 CPC is not mandatory to make counter claim in a civil suit filed by the statutory body. Karnataka High Court.
Registered general power of attorney coupled with interest cannot be cancelled by registration of another document titled ‘’Cancellation of GPA’’. The remedy is only under the Specific Relief Act. Karnataka High Court.
Mere speculation about hidden artifacts or historical monuments is not a ground to acquire land without following the procedure under the Ancient Monuments and Archaeological Sites and Remains Act. Karnataka High Court.
Award passed by the Lok Adalath cannot be questioned by a separate suit though termed as suit for partition in view of the bar under the Legal Services Authority Act. Karnataka High Court.
Adopted son becomes a coparcener of in the family to which he is adopted. Karta has no right to bequeath ancestral property by Will after adopting the son. Karnataka High Court.
High Tension electricity lines over agricultural lands will not completely deprive landowners of utilizing their lands to carry out agricultural operations. Diminutive value of the land at 30% is just and reasonable. Karnataka High Court.
Madras School of Hindu Law. Mother or widow of a propositus cannot independently claim share in the coparceneary properties and are entitled only to notional share after his death. Karnataka High Court.
Third party applicant approaching execution court under Order 97 Rule XXI of CPC should possess an independent title which is superior to that of the decree holders. Karnataka High Court.
Execution proceedings in suit for partition. Person claiming under joint family member who suffered decree cannot maintain application Order 21 Rule 97 of CPC. Karnataka High Court.
Karnataka Land Reforms Act. Vesting in the State Government of land leased contrary to the Act. Tahsildar can exercise power under Section 58 only if the lease is created after coming into force of the Act. Karnataka High Court.
Karnataka Land Revenue Act. Deputy Commissioner cannot hold roving enquiry and nullify the registered documents in the guise of exercising suo motu revisional jurisdiction under Section 136(3). Karnataka High Court.
Daughters cannot maintain suit for partition in respect of joint family properties when the succession had opened prior to the commencement of the Hindu Succession Act, 1956. Karnataka High Court.
Karnataka Town and Country Planning Act. Planning Authority cannot reject modification of layout plan unless the modification contravenes any provisions of the Act. Karnataka High Court.
Municipal Corporation is bound to manage, control and protect Civic Amenity sites vested in it on execution of release deed by the layout owner. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OAKslY6sfNyUfJfnoNmxOytRX
CGST Act. Appeal under Section 107. When the entire tax liability is disputed, there is no requirement of depositing admitted amount of tax, interest, fine, fee and penalty arising from the impugned order. Karnataka High Court.
Amended Section 6 of the Hindu Succession Act. If daughter is not alive when 2005 amendment to Hindu Succession Act was passed, her legal heirs can seek her share in the ancestral property. Karnataka High Court.
Land Acquisition. Pot Kharab is not a government land and it belongs to the ownership of the landowner under the Karnataka Land Revenue Rules. Compensation is payable even in respect of such land. Karnataka High Court.
Change of land use from residential to commercial can be granted under Section 14 of the Karnataka Town and Country Planning Act. Authorities are bound to consider the representation from the owner. Karnataka High Court.
Application for conversion of lands for non-agricultural purposes cannot be rejected on the ground that there is proposal to include the lands in the Master Plan. Karnataka High Court.
Court cannot straightaway dismiss a suit for non-joinder of necessary party to the suit. Proper course of action is to adjourn the suit and direct the plaintiff to add the necessary party. Karnataka High Court.
Children cannot seek partition of properties received by their father from the grandfather under Section 8 of the Hindu Succession Act during his lifetime. Karnataka High Court.
Civil Procedure Code. Disputed questions cannot be taken into consideration or decided while considering an application under Order 7 Rule 11. Karnataka High Court.
Scheme formed by Bank denying compassionate appointment to married daughter of a deceased employee cannot be termed as discriminatory or violative of Article 15 of the Constitution. Karnataka High Court.
Service Law. Husband undergoing vasectomy as a condition for availing maternity leave by wife applies even in cases where the husband undergoes tubectomy. Karnataka High Court.
A litigant cannot assert title based on entries in the revenue records and mere entry in the revenue records will not constitute an act of adverse possession. Karnataka High Court.
Though Civil Court has no jurisdiction to declare caste of a person, it has jurisdiction to direct correction of entry in school records as per the Caste Certificate. Karnataka High Court.
Son/daughter born to second wife/void marriage are also entitled to seek employment on compassionate grounds. Karnataka High Court.
Governing Council of a University cannot make recommendation to the Disciplinary Authority/Registrar in the matter of imposition of penalty to the employees. Karnataka High Court.
Criminal Law. When a case relies heavily on a dying declaration, the court must meticulously examine its veracity, consistency, and the surrounding circumstances. If the dying declaration is inconsistent, appears doubtful, or is not adequately corroborated by other reliable evidence, and if the prosecution’s case is marred by significant inconsistencies and procedural lapses, the accused is entitled to acquittal. Karnataka High Court.
In a suit for partition of joint Hindu family property, the wife and children of a coparcener have an independent right to challenge a compromise decree that adversely affects their pre-existing rights in the ancestral property. Order VII Rule 11(d) of the CPC should not be used to reject a plaint in a partition suit at a preliminary stage when there are substantive rights of the parties that need to be adjudicated through a full trial. Karnataka High Court.
A subsequent purchaser of a property is bound by the arbitration clause in the original agreement, even if they were not a signatory, provided his vendor was a party to that agreement. Karnataka High Court.
When a person’s name has been lawfully entered in the Record of Rights on the basis of a registered sale deed, and is subsequently removed due to fraudulent misrepresentation, the revenue authorities are duty-bound to correct the records and reinstate the rightful entry. Karnataka High Court.
Once a valid title is acquired through a registered sale deed, revenue authorities are obligated to change the khata as per the deed. Revenue officials cannot question the validity of the sale deed or GPA since such matters are under the purview of a civil court. Karnataka High Court.
Karnataka Land Revenue Act. When a landowner’s name is removed from the RTC due to alleged non-payment of revenue, the Tahasildar has a legal obligation to consider the landowner’s representation for restoration of their name. Forfeiture of land should be proportional to the unpaid revenue. Karnataka High Court.
Karnataka Land Reforms Act. Landless persons are entitled for grant of surplus land vested in the Government under Sections 79A, section 79B or under any other provision of the Act. High Court can issue mandamus directing the Deputy Commissioner to consider the representation in accordance with the law. Karnataka High Court.
Karnataka Land Revenue Act. A landowner who owns ‘A’ kharab land is entitled to seek assessment of that land if he can substantiate that the land is cultivable. The revenue authorities cannot arbitrarily reject such requests but must consider them in accordance with the relevant legal provisions. Karnataka High Court.
Grant of Land. The distance between the land and the BBMP boundary will be calculated based on the date of the application submission, not the current date. The 18 km restriction from the BBMP boundary imposed by notification will not be applied retrospectively to applications submitted before the notification date. Karnataka High Court.
In disputes involving family partitions and boundary demarcation, the Court may direct the relevant authorities to conduct a fresh survey strictly in accordance with the terms of the registered Partition Deed to ensure fairness and accuracy and to avoid claims beyond what was allotted. Karnataka High Court.
Karnataka Land Revenue Act. Kumki land is intrinsically attached to the warg land. Re-purchase of warg land automatically restores kumki privileges to the owner. Kumki land alone cannot be granted under the regularisation of unauthorised occupancy scheme. Karnataka High Court.
Karnataka Land Revenue Act. Tahsildar has no authority to conduct an inquiry into the genuineness of a saguvali chit. The inherent powers under Section 25 cannot be used to circumvent the specific procedural framework established under the Rules. Karnataka High Court.
Once there is a registered document, the revenue authorities are bound to take cognizance of transfer of immovable property and act accordingly. An agreement holder cannot object to mutation proceedings. Karnataka High Court.
Appeal under Section 372 of Code of Criminal Procedure against acquittal. The appellate court should not disturb a trial court’s acquittal unless the trial court’s appreciation of evidence is capricious or its conclusions are without evidence. Karnataka High Court.
Karnataka Land Revenue Act. When there is a dispute over phodi and durasthi of land, and a civil suit is already pending to determine the rights and claims of the parties, the Deputy Commissioner lacks the authority to interfere in those matters. Karnataka High Court.
When an appellate authority sets aside an order nullifying sale deeds, the revenue authorities are duty-bound to restore the vendor’s name in RTC records. A validly executed sale deed entitles the purchaser to seek mutation, and unnecessary delays by revenue officials constitute inaction warranting judicial intervention through a writ of mandamus. Karnataka High Court.
Karnataka Land Revenue Act. A private land cannot be declared as an unrecorded habitation without verifying ownership and following due process. The landowner must be given a fair hearing before such classification, and merely showing settlements on a Google Map does not justify reclassification. Karnataka High Court.
A premature filing under Section 11(5) of the Arbitration and Conciliation Act, 1996 does not render the petition invalid if the statutory period of 30 days has elapsed before adjudication. The purpose of this provision is to afford reasonable time to the opposing party, and if that time has passed without compliance, the court is empowered to appoint an arbitrator. Karnataka High Court.
Revenue authorities are legally bound to reflect civil court injunction orders in the ‘other rights’ column of land records under Section 127(1)(b) of the Karnataka Land Revenue Act. The refusal to do so on the ground that State is not a party to the suit is untenable and contrary to judicial principles. Karnataka High Court.
Karnataka Land Revenue Act. There is no requirement of obtaining prior permission under the Karnataka SC/ST (PTCL) Act for conversion of lands granted to persons belong to SC/ST. Karnataka High Court.
When change of land use from the Outline Development Plan is granted under the Karnataka Town and Country Planning Act, the Deputy Commissioner cannot reject conversion of land under the Karnataka Land Revenue Act. Karnataka High Court.
Reclassification of kharab land from ‘A’ to ‘B’ must be based on an enquiry and prior notice to affected landowners. Any unilateral action by revenue authorities without affording a hearing violates the principles of natural justice and is legally unsustainable. Karnataka High Court.
Amendment of pleadings. When a defendant has acquired a right due to the limitation period, this right cannot be taken away through an amendment of the plaint. When the status of a party is disputed, steps must be taken at the earliest to amend the pleadings. Karnataka High Court.
Rejection of conversion of tenanted lands during the non-alienation period fixed under the Karnataka Land Reforms Act is valid since the purpose of non-alienation clause is retention of such lands for agricultural purposes. Karnataka High Court.
Karnataka Agricultural Produce Marketing (Regulation) Act. Purchase of food grains exclusively for personal use in the poultry farm, not for trade, does not require license under the Act.
A statutory authority cannot forfeit deposit or part of the deposit made by the intending buyer due to failure to pay the full amount within the stipulated time, unless explicitly authorized by statute. Karnataka High Court.
Appeals under the Karnataka Land Revenue Act seeking correction of entries cannot be kept pending for prolonged periods. Karnataka High Court directs speedy disposal of appeals.
Karnataka Land Revenue Act. When forfeited land is restored after payment of land revenue, it does not amount to fresh grant. It only reverts back to original position. Karnataka High Court.
Karnataka Land Revenue Act. Change of name in revenue documents pursuant to sale deed cannot be delayed/refused quoting technical problem in Bhoomi software. Karnataka High Court.
Karnataka Land Reforms Act. Proceedings under Sections 79A & 79B cannot be initiated when the land was already converted for non-agricultural purposes on the date of the purchase. Karnataka High Court.
Karnataka Land Revenue Act. Land cannot be notified as ‘sarkari pada’ for non-payment of land revenue without forfeiture order under Section 163 of the Act. Karnataka High Court.
Once resumption order under Karnataka SC/ST (PTCL) Act is set aside, purchaser has a right to get his name resumed/mutated in revenue records. Karnataka High Court imposes cost on the Tahsildar for unlawful refusal.
Karnataka Land Revenue Rules. Subsequent extension of corporation boundaries cannot be the basis to reject the application for regularisation of unauthorised occupation, where the application was filed prior to such extension. Karnataka High Court.
Karnataka Land Revenue Act. Tahsildar has no power to order summary eviction of unauthorized occupants. Karnataka High Court.
Prior permission under the Karnataka SC/ST (PTCL) Act is not required for conversion of land under the Karnataka Land Revenue Act. Karnataka High Court.
Karnataka Land Revenue Act. Mere possibility of a future land acquisition, based on a prospective notification, cannot be a ground to refuse conversion. Karnataka High Court.
Payment of compensation to Inamdharsdue to abolition of Inam. Karnataka High Court directs determination and payment of compensation.http://dakshalegal.com/judgements/actionView/4e91aa19de6e287e28c45874
Inam lands, vested with the Government upon abolition, and without a regrant order, cannot be claimed as Wakf property. Karnataka High Court.
Unless the voidable/fraudulent sale transactions affecting plaintiff’s title are questioned as not binding, suit for declaration of title and possession is not maintainable. Karnataka High Court.
State’s supervisory role over local bodies in the matter of appointments to senior positions does not affect local governance autonomy. Karnataka High Court.
Presumption in favour of the constitutionality of legislation extends even to the subordinate legislation unless there is a clear violation of the parent statute or the rule-making authority has acted beyond its powers. Karnataka High Court.
Suit for partition dismissed for default does not bar a subsequent suit for partition since the right to enforce a partition is a continuous right. Karnataka High Court.
Land Acquisition Act. A landowner can maintain second application under Section 28A of the Act seeking redetermination of market value of his land in the event of further enhancement by the appellate court in respect of other lands. Karnataka High Court.
Adopted son is also entitled to seek transfer of fair price shop and he cannot be excluded from the purview of son referred to in clause 13 of the Karnataka Essential Commodities (Public Distribution System) Control Order. Karnataka High Court.
Limitation Act. Suit for possession based on title can be non-suited only if defendant establishes adverse possession. When adverse possession is not proved, suit cannot be dismissed on the ground of limitation. Karnataka High Court.
Mere amendment to plaint adding properties describing them as joint family properties will not cause hardship since the nature of the properties need to be substantiated during the trial. Karnataka High Court.
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