Hon’ble Mr. Justice Ravi V. Hosmani celebrates his 54th birthday today.
Hon’ble Mr. Justice Ravi Venkappa Hosmani: Born on 29.07.1971. Enrolled as an Advocate on 07.07.1995 at Bengaluru. Started practice before the High Court of Karnataka at Bangalore both on the Original and Appellate stages in Writ Jurisdiction as well as on the Civil Appellate side. Also appeared before the Trial Courts, Appellate Authorities, Tribunals etc. And from July 2008 practised before the High Court of Karnataka Dharwad Bench. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 07.01.2020 and Permanent Judge on 25.09.2021.
Important judgments delivered by Hon’ble Mr. Justice Ravi V Hosamani.
The specified value and suit valuation in IPR suits below Rs. 3 lakhs shall be examined by the Courts to ensure it is not arbitrary or unreasonable and the suit is not undervalued. Karnataka High Court.
N.I Act. Section 138. When a probable defence is set up by accused, burden is on the complainant to explain it. Karnataka High Court.
Motor Vehicles Act, 1988. Death of employee. Amount received by dependents under group insurance scheme is NOT a pecuniary advantage and can NOT be deducted from the MVC compensation. Karnataka High Court.
Criminal Law. Testimony of a witness who identified the accused for the first time in Court without knowing him before, and in the absence of any Test Identification Parade, would be valueless and unreliable. Karnataka High Court.
When suit for specific performance is dismissed and in the absence of prayer against dispossession, defendant/owner has a right to get back possession of the property in accordance with law. Karnataka High Court.
Suit for partition. Défense of prior partition becomes weak when revenue entries do not stand separately and exclusively in the name of the family members. Karnataka High Court.
Defendant cannot be placed exparte merely on process server report unless the court is satisfied that each one of the steps contemplated for service of notice is complied with. Karnataka High Court.
A co-owner cannot seek temporary injunction against another co-owner on the ground of adverse possession unless there is a partition of the property by metes and bounds. Karnataka High Court.
Registration Act. When refusal of registration is endorsed on a deed, the only remedy is appeal under Section 72. The refusal cannot be recalled under Section 68(2). Karnataka High Court.
A husband, as a Class-I heir, is entitled to compensation for loss of dependency due to the death of his wife in a motor vehicle accident, unless the insurer can conclusively prove separation or a second marriage. Karnataka High Court.
Decree obtained by arraying any one of legal heirs would continue to bind all legal heirs in the absence of fraud or collusion. Karnataka High Court.
Injunction against co-owner could be granted only where acts of co-owner would diminish value and utility of property. Karnataka High Court.
Suit for declaration of title based on mere mutation entries without written and registered instrument of title in suit property cannot be decreed. Karnataka High Court.
There cannot be unilateral determination of liability for issuance of Recovery Certificate under Section 33 of the Wakf Act. Karnataka High Court.
Transfer of Property Act. Duration of lease of immovable property for agricultural or manufacturing purposes under Section 106 need not necessarily be from year to year when the contract between the parties is for a lesser period. Karnataka High Court.
Intestate succession. Deceased leaving his brother and widow of his second brother. Brother, as Class-II heir, excludes the widow who falls in entry VI. Karnataka High Court.
Karnataka Municipalities Act. Without issuing Notification specifying the area within which construction is prohibited, action cannot be initiated under Section 189 of the Act. Karnataka High Court.
Difference between ‘’bond’’ and ‘’agreement’’. Karnataka High Court explains with caselaws.
When property is registered as Wakf contrary to law and in violation of principles of natural justice, such registration is liable to be quashed without driving the aggrieved parties to avail alternate remedy. Karnataka High Court.
The active involvement of beneficiaries in the preparation of a Will is a significant factor that can raise suspicions about the document’s authenticity and potentially discredit it. Karnataka High Court.
Specific performance. Lack of pleadings in a particular format cannot be a ground to deny specific performance of the agreement when the plaintiff exhibits blemishless conduct, readiness and willingness. Karnataka High Court.
Partition. Merely establishing sufficient income from HUF properties, plaintiff cannot seek to lay claim property on the basis of general presumption without specific evidence that it was purchased with HUF funds. Karnataka High Court.
When suit for specific performance is dismissed and in the absence of prayer against dispossession, defendant/owner has a right to get back possession of the property in accordance with law. Karnataka High Court.
An ex-parte decree can be challenged in a regular appeal under Section 96 CPC for improper summons service, even without availing the remedy under Order IX Rule 13, especially if procedural irregularities or factual discrepancies regarding service are evident from the record. Karnataka High Court.
Interim maintenance for a wife and child should be granted consistently, liberally to ensure survival during proceedings. An order denying interim maintenance to a wife while granting it to the child, without sufficient grounds, is unsustainable, especially when considering the respondent’s admitted high income. Karnataka High Court.
A husband, as a Class-I heir, is entitled to compensation for loss of dependency due to the death of his wife in a motor vehicle accident, unless the insurer can conclusively prove separation or a second marriage. Karnataka High Court.
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