Hon’ble Mr. Justice Mohammad Nawaz celebrates his 60th birthday today.
Hon’ble Mr. Justice Mohammad Nawaz: Born on 22nd May 1965. Completed primary education at St. Francis Xavier’s Primary School, Puttur, Dakshina Kannada, High School at St. Philomena’s High School, Puttur, Dakshina Kannada, Bachelor’s Degree in Science at St. Philomena’s College, Puttur, Dakshina Kannada and LL.B. at Sri Jagadguru Renukacharya Law College, Bengaluru. Enrolled as Advocate on 20.04.1990.
Appointed as Government Pleader in the year 2003. Appointed as Special Prosecutor for Lokayukta in the year 2007. Appointed as Addl. State Public Prosecutor and worked from 2008-2012. Appointed as State Public Prosecutor in June, 2015. Represented the Mangalore City Corporation and Karnataka State Road Transport Corporation.
Appointed as Addl. Judge, High Court of Karnataka on 02.06.2018 and permanent Judge on 26.02.2020.
Important judgments delivered by Hon’ble Mr. Justice Mohammed Nawaz
Sections 407 & 408 Cr.P.C. Case and counter case have to be tried together by the same court irrespective of the nature of offences involved to avoid conflicting judgments over the same incident. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2nBSFssodnx6VdEEbck9AaVYB
IPC. Section 498A. General and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/YGOo6Ur5M74NoYHBEyFjkG57Z
Owner/driver of private vehicle from which ganja was seized cannot plead absence of ”conscious possession” since the standard of ‘conscious possession’ is different in case of private vehicle with few persons known to one another. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/o6j5vxZbba8KO7DFrRIhrAYGe
Criminal Law. At the stage of considering discharge application, Court cannot hold mini trial or go deep into probative value of material on record. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/0BedL5TnHUGCUd3ud6rHANMWB
Cr.P.C. Section 482. Quashing of non-compoundable cases. Guiding factor is as to whether the ends of justice would justify such exercise of power, both the ultimate consequences may be acquittal or dismissal of indictment. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/myJXvAa2CGULJoV3HE6SWU0tQ
Arbitrary freezing of bank account by the authorities, unless there is a strong suspicion against the account holder, adversely affects the right to life under Article 21 of the Constitution of India. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/aRP34CHXgCX6mQorQVYKVa6uK
Cr.P.C. Section 200. Magistrate can not refer complaint for investigation to Police under Section 156, after taking cognizance of the offence. After taking cognizance, he can not revert back. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1vX6GNA5qsicQk5qbsDzCzTIG
Criminal Procedure Code. Acceptance of B report can NOT be done mechanically without adverting to the material on the basis of which the said report is filed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ihAgIBlmClJH7vOoZhnF0YzHq
Bail in NDPS cases. Though mere delay in obtaining Forensic Science Lab report is not a ground to grant bail-Prosecution shall secure the report at the earliest to prevent detention of accused for an indefinite period. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/WyMMD5aSd7lapW5xSEUfqXDrN
Criminal Trial. Expert handwriting opinion can be relied only when it is supported by internal and external evidence. Law on the point discussed. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/J4jI29DiZNawbI3m0ZWp1UZ0U
NDPS Act. Prosecution’s complaint failing to connect accused with seized material. Valid ground to grant bail to the accused.
https://dakshalegal.com/judgements/actionView/LOb8I4qCjvnSgPAlXVpAEuluJ
Preventive detention under the Goonda Act. Failure to furnish translated copies of the documents to the detenue renders the detention unsustainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/SqYR1pzRQxlJKtLyXJ5FfBsvE
MVC Act. Contributory negligence cannot be attributed to victim riding vehicle simply because he did not have driving license and insurance, especially when he was riding on the correct side of the road. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2SppqqnSJANEF7fniHyixLjMd
MVC Act,1988. Tribunal or Court should not apply the split multiplier in routine course and multiplier should be applied. An injured or the legal representatives of the deceased should not be deprived from getting a just compensation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AnlgXgrR6BZ3aTKe2dWZExudZ
MVC Act. Tribble riding on a two-wheeler itself is not a ground to avoid insurance liability unless it is established that the tribble riding was the cause for the accident to attribute contributory negligence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MSnVkOoCzTji9yXDPJC8f8aXL
Anticipatory bail can be granted even after cognizance of an offence is taken and the chargesheet is filed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/3bPBTUO37RqvjY4rFg1VNpBZN
In cases involving cyber economic crimes and corporate espionage, courts must exercise caution in granting anticipatory bail, especially when national security interests are implicated. The risk of evidence tampering and destruction justifies the denial of anticipatory bail. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9b5981a296deb7351806f7ac
For a suit to be barred under Order II Rule 2 CPC, it must be a fresh suit. A parallel suit with a different cause of action is maintainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/43c0370aa52a3c58e27e2ced
Mere financial contribution by one spouse does not confer joint ownership over property registered in the name of the other spouse. For claim of joint ownership, there must be clear intent, explicit agreement, and supporting evidence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1ac0dfd6ef89ae27fcffdff2
Statement of a victim who is temporarily or permanently mentally or physically disabled can be recorded only with the assistance of an interpreter or a special educator. Statement recorded to the contrary cannot be considered as statement in lieu of examination-in-chief. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/f5b6b04bd30e705933e2e96f
Anticipatory bail. Though Sessions Court and High Court have concurrent jurisdiction in entertaining and deciding a petition for bail, in the absence of exceptional circumstances, the accused must first approach the Sessions Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/05a11acce5f48eee45155d69
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