Hon’ble Mr. Justice Vishwajith Shetty celebrates his 58th birthday today.
Hon’ble Mr. Justice SavanurVishwajith Shetty: Born on 19.05.1967. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 28.04.2020 and Permanent Judge on 25.09.2021.
Important Judgements delivered by Hon’ble Mr. Justice S Vishwajith Shetty.
Karnataka Police Act. Mere apprehension of the police is not enough to pass an order of externment. There must be grounds and adequate materials to show that there is danger based upon credible materials. Karnataka High Court.
Indian Penal Code. When accused is acquitted for the offence under Section 392 (Robbery), he cannot be convicted for the offence under Section 411 (Dishonestly receiving stolen property). Karnataka High Court.
Wife demanding separate residence does not always amount to cruelty for grant of divorce. There must be determination to put an end to marital relation and cohabitation. Karnataka High Court.
Karnataka Excise Act. Compliance of Sections 53 and 54 i.e. securing search warrant or to record the grounds to dispense with the search warrant is mandatory. Non-compliance of the same would vitiate the conviction order. Karnataka High Court.
Judgment of acquittal passed in a complaint case can be challenged before the High Court under Section 378(4) Cr.PC and an appeal under Section 378(2) Cr.PC before the Sessions Court is not maintainable. Karnataka High Court.
Rash and negligent driving resulting in death. Leniency can be shown on the sentence that is imposed on the accused in the event if the family members of the deceased receive the compensation from the accused. Karnataka High Court.
When Juvenile Justice Board decides to try the juvenile as an adult, the accused can, apart from appealing against the order, seek bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Karnataka High Court.
Arms Act. When the gun seized from the accused was unloaded and no ammunition was found in possession of the accused, the gun cannot be said to have been used for hunting purposes. Karnataka High Court sets aside conviction.
Karnataka SC/ST (PTCL) Act. Application for restoration filed 25 years after the sale cannot be entertained by the authorities since it is beyond reasonable time. Karnataka High Court.
Judicial estoppel. Person participating in the proceedings despite knowledge of the defect in the jurisdiction of an Authority without any objection is disentitled from questioning the jurisdiction in subsequent proceeding. Karnataka High Court.
“Child cannot be allowed to remain in unhealthy atmosphere”. Karnataka High Court orders custody of the minor child to the father having found the wife to be in immoral relationship.
Order XXIII Rule 1(3)(b) of CPC applies even to writ proceedings. Withdrawal of writ petition with liberty to file fresh petition on the same cause of action does not act as resjudicata. Karnataka High Court.
Order XVIII Rule 3 of CPC. Rebuttal evidence is permissible only in respect of issues casting onus on the other side and the said opportunity cannot be utilized to fill up the lacuna in the evidence of the party leading evidence first. Karnataka High Court.
Writ jurisdiction cannot be invoked challenging issuance of caste certificate since alternate remedy of appeal is provided under the Karnataka SC/ST & OBC (Reservation of Appointments, etc.,) Act. Karnataka High Court.
“State has no power to direct reservation in employment in favour of SC, ST and OBCs in Private Schools under the Karnataka Education Act.” Landmark Judgement from the Karnataka High Court.
“State has no power to regulate fee structure in Private Schools under the Karnataka Education Act”. Landmark Judgement from the Karnataka High Court.
Withdrawal of exemption under the Employees Provident Funds and Miscellaneous Provisions Act on the ground of financial loss of an establishment for three consecutive years is not unconstitutional. Karnataka High Court.
Prospective beneficiary has no right to question deletion of the land from the acquisition proceedings. Karnataka High Court.
When urgency clause in invoked under Land Acquisition Act, 1894, the State must act with quite promptitude failing which the acquisition proceedings are liable to be quashed. Karnataka High Court.
Writ Court cannot direct the Government to frame scheme under Article 162 of the Constitution especially when the parties have alternative remedy for the redressal of their grievances. Karnataka High Court.
When correction of arbitration award is sought, limitation to challenge award commences from the date on which request for correction of award has been disposed of by arbitrator and not from the date of the original award. Karnataka High Court.
”Every order or transaction pursuant to fraudulent act is void ab initio and the same cannot be allowed to stand”. Karnataka High Court, while ordering restoration of khata which was fraudulently changed.
Change of entries in property register by playing fraud. Such fraudulent entry can be set aside in a Writ Petition under Article 226 of the Constitution of India. Karnataka High Court.
Arbitration award. The date for quantifying the stamp duty payable on the award is the date on which the award was signed. Karnataka High Court.
Nominated members have no right to cast their votes in the election to President and Vice President under the Karnataka Municipalities Act. Karnataka High Court.
Tahsildar has jurisdiction under Section 140(2) of the Karnataka Land Reforms Act to carry out survey work and fix boundaries even in respect lands falling within the limits of Corporation. Karnataka High Court.
Transport vehicle and omnibus, when gross weight does not exceed 7500 kg would be a light motor vehicle. Holder of LMV driving licence is competent to drive such transport vehicle only when the weight does not exceed the limit. Karnataka High Court.
Customs Brokers Licensing Regulations. Time limit of 90 days for passing the order in original under Regulation 17 is directory and not mandatory. Karnataka High Court.
Family pension. Order of priority under the pension Rules prevail over order of priority under the Hindu Succession Act. When wife is alive, no other legal/illegitimate heir can claim family pension. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. Application for resumption and restoration of granted land filed 10 years after the sale can be rejected on the ground of delay and laches. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978 is NOT applicable in cases of mere agreements of sale without delivery of possession. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. Delay of 16 years from the date of sale in filing application for resumption and restoration of granted land. Karnataka High Court quashes the entire proceedings.
Service Law. Minimum qualifications for appointments prescribed under the UGC guidelines are for the purpose of maintaining excellence in the higher standards of education. Universities have no power to relax them. Karnataka High Court.
‘Corruption hurts everyone. Corruption erodes trust of a common man in the system. Anti corruption law shall be invoked against persons, who by virtue of their office are discharging public duty’. Karnataka High Court.
Prevention of Corruption Act, 1988. Employee of Society, registered under the Societies Registration Act, which receives funds from Government, is a ‘public servant’ and liable for prosecution under the Act. Karnataka High Court.
Default bail under the Unlawful Activities Prevention Act. Order extending time to complete investigation without notifying or producing the accused is bad in law. Accused are entitled to default bail in such eventuality. Karnataka High Court.
Cenvat Credit Rules, 2004. Industry having outdoor catering services for factory canteen cannot claim Cenvit credit post 2011. Court, while dealing with taxing statute, cannot include what is specifically excluded. Karnataka High Court.
Code of Civil Procedure, 1908. Order XXIX Rule 1. Director of company can NOT institute a suit without board resolution or ratification. Temporary injunction can be refused on the ground of maintainability of the suit. Karnataka High Court.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not apply to acquisitions under the Bangalore Development Authority Act. Karnataka High Court reiterates.
Bangalore Development Authority Act, 1976. Section 38-B. Karnataka High Court declares bulk allotment of acquired land by BDA in favour of BDA Employees’ Welfare Association as illegal. Dismisses PIL for non-joinder of allottes of the sites.
Environment. Declaring forest as non-forest under the Karnataka Forest Act without the prior approval of the Central Government is illegal. Take action against erring officials – Karnataka High Court.
Criminal Procedure Code. Power under Section 311 to summon material witness or examine person present can be invoked by the court suo motu and even at a stage when the case is posted for judgment. Karnataka High Court.
Suo Motu action regarding functioning of the Juvenile Justice Boards in the State. Karnataka High Court issues interim directions.
Criminal Procedure Code. Non-recording or delayed recording or improper recording of statement under Section 161-3 is a serious irregularity which is incurable. Conviction under NDPS Act set aside on this ground. Karnataka High Court.
Criminal Procedure Code. Section 319. Power to proceed against other persons appearing to be guilty of offence cannot be exercised in a casual manner on the basis of a stray statement of the complainant. Karnataka High Court.
Aarogya Setu App. Informed consent of users of the app is must for sharing user data by the Government of India and National Informatics Centre. Karnataka High Court.
Karnataka High Court strikes down rule enabling collection of fee from transporter of minor minerals from other States into State of Karnataka.
Arbitration and Conciliation Act 1996. Additional award under Section 33 forms part of the arbitral award. Remedy appeal and not Writ.
Karnataka High Court directs State Election Commission to hold elections for 198 Wards of BBMP at the earliest.
Properties purchased by husband in the name of his wife are the absolute properties of the wife in view of Section 14 of the Hindu Succession Act. Karnataka High Court.
Daughters born prior to coming into force of the Hindu Succession Act, 1956 are also entitled for coparcenary property under the amended Section 6. Karnataka High Court.
Special statutes prevail over the Limitation Act. Appellate Authority has no power to entertain an appeal beyond the period of one month as stipulated under Section 107(4) of the Karnataka Goods and Services Tax Act, 2017. Karnataka High Court.
Bombay Tenancy and Agricultural Lands Act, 1948. In a case of surrender of land by tenant, procedure of taking possession under Section 29 of the Act does not apply. Karnataka High Court.
Karnataka Land Reforms Act. Trustee is the owner and custodian of Trust property and cannot claim occupancy rights under Section 45 of the Act in respect of the Trust property. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Any action taken by the authorities under the Act beyond a reasonable period cannot be sustained. Karnataka High Court quashes resumption order.
Karnataka Land Reforms Act. Sub-tenants are entitled to be registered as occupants of the land, only when the sub-tenancy was created prior to 2 October 1965. Karnataka High Court.
High Court under Article 226 cannot interfere with the order of the fact-finding authority like the Land Tribunal especially when the order is based on appreciation of the oral and documentary evidence on record. Karnataka High Court.
Karnataka Land Revenue Act. Deputy Commissioner has no jurisdiction to reject the application for conversion of land after the expiry of four months when the deeming clause under Section 95 (5) applies. Karnataka High Court.
Blocking Input Tax Credit available in Electronic Credit Ledger under Rule 86A of the Central Goods and Services Tax Rules, 2017. Post-decisional or remedial hearing shall be granted to the person/assesseeaffected. Karnataka High Court.
Tenancy rights can be adjudicated only before the Land Tribunal. Tahsildar has no right to enter the name of the Government in RTC assuming vesting of the land. Karnataka High Court.
”It is the duty of the Court and the Prosecution to protect the right of informant/victim to oppose bail application of the accused for the rape offence under IPC or under POCSO Act.” Karnataka High Court issues exhaustive guidelines.
Bail application of an accused for the offences punishable under Section 376(3), 376-AB, 376DA or 376-DB of IPC or under POCSO Act cannot be heard without giving opportunity of being heard to the informant/victim. Karnataka High Court.
POCSO Act being later prevails over the SC/ST Atrocities Act. Where accused is charged with both SC/ST Atrocities Act and POCSO Act, petition for bail under Section 439 Cr.P.C can be filed before High Court. Karnataka High Court.
There is no need for the Court order appointing guardian in respect of minor’s undivided interest in joint family. Parents can sell undivided interest of minor in joint family property. Karnataka High Court.
Bombay Paragana and Kulkarni Watans (Abolition) Act. Re-grant in favour of the Watandar/Inamadarwould enure to the benefit of the purchaser if the sale was made prior to the last date of filing an application for re-grant. Karnataka High Court.
Prosecution has no right to apply for modification of the chargesheet under Section 216 and 217 of the Cr.P.C. Only the trial Court can suomotu exercise power to alter the chargesheet. Karnataka High Court.
When a document which is required to be stamped is not sufficiently stamped, even the copy of such document is not admissible as secondary evidence. Karnataka High Court.
Recovery of Government dues. ‘’The practice of bringing the entire extent of land for sale for recovery of dues which would be otherwise recovered by selling a portion of the property is highly deplorable’’. Karnataka High Court.
Karnataka Control of Organised Crime Act. Service of grounds of arrest on the accused immediately after his arrest would be sufficient compliance under Section 50(1) of Cr.PC and Article 22(1) of the Constitution of India. Karnataka High Court.
Willful failure to submit income tax returns. There is a presumption of a culpable mental state on the part of the accused. The accused has to rebut this presumption in accordance with the law. Karnataka High Court.
Retailers or showroom owners cannot be prosecuted under the Insecticides Act, 1968, for selling a substandard product unless it is proven that they had knowledge of its defective nature or were responsible for its manufacture or quality control. Criminal liability under the Act requires mens rea, and prosecution should be limited to persons directly responsible for the product’s quality and distribution. Karnataka High Court.
Magistrate’s Court has no jurisdiction to try offences under Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940, as per Section 32(2) of the Act. Such cases must be committed to the Sessions Court, and failure to do so renders the entire trial and conviction void. Karnataka High Court.
The right to default bail is a fundamental right when the charge sheet is not filed within the prescribed period. Courts must ensure judicial scrutiny before permitting mechanical addition of stringent charges. Karnataka High Court.
Criminal proceedings under Sections 498A, 494 IPC are liable to be quashed if filed beyond the limitation period under Section 468 Cr.P.C. Mere allegations without concrete proof of a second marriage or direct involvement of accused relatives amount to an abuse of process, warranting relief under Section 482 Cr.P.C. Karnataka High Court.
In matrimonial disputes, criminal proceedings under Section 498A IPC cannot be sustained based on vague, omnibus allegations, particularly against aged in-laws living separately. Unexplained delay in filing an FIR castsdoubt on the credibility of allegations. Karnataka High Court.
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