Hon’ble Mrs. Justice Jyoti Mulimani celebrates her 57th birthday today.
Hon’ble Miss. Justice Jyoti Mulimani: Born on 15.08.1968. Enrolled as an Advocate on 31.07.1992. Handled all types of Civil Cases. Hindu Law, Probate, Company, Arbitration. Constitutional, Tax & Tariff. Electricity, Education, Service, Motor Vehicles, and Excise matters. Served as a Mediator and Trainer in Bengaluru Mediation Centre for the past 12 years.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 11.11.2019 and Permanent Judge on 08.09.2021
Important judgments delivered by Hon’ble Miss. Justice Jyoti Mulimani.
Civil court cannot enhance compensation under the Indian Telegraph Act towards diminution value if the Deputy Commissioner has already awarded under a particular head. Karnataka High Court.
Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act can invalidate Gift only if the Gift has condition that the transferee shall provide basic amenities and basic physical needs to the transferor. Karnataka High Court.
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
Agreement of sale in violation of Section 61 of the Karnataka Land Reforms Act, 1961 is void and cannot be enforced. Karnataka High Court.
Mysore Religious and Charitable Inams Abolition Act. Applies even to non-agricultural lands.
Recognition of Trade Union cannot be demanded as a matter of right. Recognition depends on the discretion of the employer which cannot be imposed by invoking Articles 226 of the Constitution of India. Karnataka High Court.
Where title of the plaintiff is disputed by the defendant, mere suit for bare injunction without supporting prayer for declaration is not maintainable. Karnataka High Court.
Transfer of property in violation of law against fragmentation is void and does not confer title. Suit based on such transfer is liable to be dismissed. Karnataka High Court.
Market value in a suit in respect of agricultural lands shall be twenty-five times the revenue assessed. Karnataka High Court reiterates.
When an officer is entrusted with the duty to decide the issue, detailed order and not an official memorandum is required to be passed. Karnataka High Court.
Though mortgage by deposit of title deeds can be created by handing over title deeds to lender, if the parties reduce the contract to writing, the document alone would be the sole evidence of its terms. Karnataka High Court.
Corporation cannot cancel khata without passing a speaking order and without giving an opportunity to person who may adversely be affected. Karnataka High Court.
Prohibition of transfer of land under the Karnataka Land Reforms Act applies even to agreement of sale. Specific performance of such agreement cannot be granted. Karnataka High Court.
Badli worker (replacement worker) is not entitled to the protection under the provisions of the Industrial Disputes Act. Karnataka High Court.
KIADB Act. Terms of lease-cum-sale agreement prevail over Regulations governing disposal of lands. Once a lease-cum-sale agreement is executed, the Board cannot revoke the allotment citing the Regulations. Karnataka High Court.
Payment of Gratuity Act. Controlling Authority cannot entertain application claiming gratuity after inordinate delay beyond the period of limitation. Karnataka High Court.
Senior Citizens Act. Petition against non-relatives is not maintainable especially when the gift deed is silent about maintenance. Karnataka High Court.
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
A City Municipal Corporation has no power under the Karnataka Municipal Corporation Act to levy betterment charges. Karnataka High Court.
Daksha Legal 