Hon’ble Mr. Justice S.G. Pandit celebrates his 60th birthday today.
Hon’ble Mr. Justice Shankar Ganapathi Pandit: Born on 16th November 1965. Appointed as Additional Judge of the High Court of Karnataka and took oath on 14.02.2018 and Permanent Judge on 07.01.2020.
Important Judgments delivered by Hon’ble Mr. Justice S G Pandit.
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court.
Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.
Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court.
KIADB Act. Though no time limit is prescribed for publication of the final notification after the preliminary notification, if the final notification is not issued within two years, the acquisition will lapse. Karnataka High Court.
Motor Vehicles Act. Power of the Tribunal or the High Court to award just and fair compensation to the victim is not taken away because of prayer for a lesser amount. Karnataka High Court.
Education. ”On account of the pandemic, one cannot give up maintaining standards of education”. Karnataka High Court while rejecting plea of law students to dispense with exams.
Caste Certificate and Creamy Layer Certificate cannot be treated alike. Caste Certificate status is permanent whereas Creamy Layer Certificate status varies from time to time depending on income. Karnataka High Court.
”Look Out Circular” cannot be sought by the bank for recovery of dues unless economic interest of the country is involved. Karnataka High Court.
When the statutory body fails to honor its commitment to allot industrial plot, it is bound to refund the entire amount paid by the prospective allottee. Karnataka High Court.
Writ Petition challenging provisional seizure order under Section 37A of the Foreign Exchange Maintenance Act cannot be entertained since it is subject to confirmation of the Competent Authority. Karnataka High Court.
Karnataka Civil Services Rules. No enquiry can be initiated against a retired person in respect of an event which had taken place more than four years prior to the enquiry. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Initiation of proceedings 7 years after the sale that too after receiving the entire sale consideration is hit by doctrine of unreasonable delay. Karnataka High Court.
Hindu Marriage Act. Mere inability of the wife to obey decree for restitution of conjugal rights is not a ground to dismiss her petition for divorce. Karnataka High Court.
Obtaining approval or sanction from the Government is not mandatory while issuing Preliminary Notification under Section 4(1) of the Land Acquisition Act for acquisition of lands in favour of the Karnataka Housing Board. Karnataka High Court.
When the State takes over private land of a person who has undisputed title over it, the owner cannot be asked to approach the civil court for compensation. Refusal to pay compensation violates constitutional mandate. Karnataka High Court.
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court.
Property Tax. Assessing authority must furnish document or report on which it relies on to determine the tax liability to the assessee failing which assessment becomes illegal. Karnataka High Court.
Karnataka Co-operative Societies Act. Order of attachment of property before award or order passed by the Registrar under Section 103 is appealable to the Appellate Tribunal under Section 105. Karnataka High Court.
Suit for specific performance. Third parties or strangers to the contract cannot be made parties to the suit, even if they claim to be joint family members and assert title over the property. Karnataka High Court.
When defendant raises a genuine dispute regarding title, thereby casting a cloud on the plaintiff’s title, the plaintiff cannot pursue a suit for mere injunction either preventive or mandatory. Karnataka High Court.
Service Law. Corruption cases warrant severe penalties. Tribunal cannot replace dismissal order with compulsory retirement solely based on sympathy. Karnataka High Court.
Insolvency and Bankruptcy Code. Even statutory dues owed to Government get extinguished if such claims are not part of the insolvency resolution plan. Karnataka High Court.
Legal representative of deceased defendant can file additional written statement setting up his own independent title to the plaint schedule property. Karnataka High Court.
Maintenance and Welfare of Parents and Senior Citizens Act does not apply to transactions which have taken place prior to coming into force of the Act. Karnataka High Court.
Commercial Courts Act. Loan or dispute with regard to loan not based on any mercantile document cannot be considered as ‘commercial dispute’ simply because the amount involved is above the specified value. Karnataka High Court.
Expiry of arbitration mandate. For the purpose of calculating the period of twelve months, time during which arbitration proceedings were stayed by the Court has to be excluded. Karnataka High Court.
Expiry of the arbitration. When parties file claim, defence, counter-claim, rejoinder and surrejoinder, the last of the pleadings shall be taken as the starting point to calculate twelve months. Karnataka High Court.
Review order by the Commissioner under Section 114A of the Karnataka Municipal Corporations Act. The Standing Committee cannot interfere with the order since it has no appeal power. Karnataka High Court.
Karnataka Municipal Corporations Act. Attachment of property in civil suit cannot be a ground not to sanction building plan for putting up construction on the property. Karnataka High Court.
Karnataka Land Reforms Act. Non-alienation clause operates from the date of final order passed by the Tribunal and not from the date of issuance of Form-10 to the tenant. Karnataka High Court.
Telegraphs Act. When a high-tension wire is erected over the land, definitely value of the land diminishes. While arriving at diminutive value, all factors such as crops grown, etc., is to be taken note of. Karnataka High Court.
Karnataka Municipal Corporations Act. Random scrutiny of the property tax returns can be undertaken by the Commissioner only after prior notice to the owner and inspection/measurement/survey of the property. Karnataka High Court.
KIADB cannot unilaterally cancel allotment of industrial plot for non-implementation of the project in time when the delay is attributable to reasons beyond the control of the allottee. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Initiation of proceedings 7 years after the sale that too after receiving the entire sale consideration is hit by doctrine of unreasonable delay. Karnataka High Court.
Compensation for drawing high-tension lines. Since possession of land remains with owners and growing agricultural crops permitted, diminutive value cannot exceed 30% of the market value. Karnataka High Court.
Registration Act. An unregistered document can be marked in evidence for collateral purpose. Karnataka High Court.
MV Act. Ex-gratia payment paid to victim cannot be deducted from the compensation awarded to the claimants. Karnataka High Court.
Indian Registration Act. When a General Power of Attorney holder vested with full powers executes a sale deed, he is deemed to be the ‘person executing’ the document under Section 32(a). In such a case, authentication of the GPA by the Sub-Registrar is not required. Authentication is necessary only when an agent merely presents the document on behalf of the principal. Karnataka High Court.
Service Law. A transfer of a government employee, even if it is premature and based on a recommendation from a Member of Legislative Assembly is not invalid if it is done to address public grievances and is approved by the Chief Minister as per the guidelines for transfers. Karnataka High Court.
Karnataka Civil Services (Classification, Control and Appeal) Rules. Government has the authority to refer a departmental inquiry to the Upa-Lokayukta, even if a separate disciplinary inquiry has already been initiated and the same is at an advanced stage. Karnataka High Court.
A subordinate court order based on a submission or concession made by the petitioner’s counsel cannot be questioned in a writ petition since the appropriate course is to seek modification of the order before the same court. Karnataka High Court.
A disciplinary enquiry and criminal proceedings against a government employee cannot proceed when the foundational report and FIR on which they are based have been quashed. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Mere allegations of fraud against the purchaser and illiteracy on the part of the original grantee, without specific details, are insufficient to invalidate the transaction, particularly when the application for resumption is filed after an inordinate delay. Karnataka High Court.
The regularization of unauthorized land occupation and the subsequent issuance of a Saguvali Chit are invalid if the granting committee’s order lacks a reasoned basis and fails to follow the prescribed legal procedures. Karnataka High Court.
The High Court, under Article 226, should not adjudicate property title disputes, especially when a civil suit on the same matter is pending. While a land designation in a master plan may lapse if not acquired or utilized within five years, any subsequent action on a change of land use application depends on the outcome of the title dispute in the civil court. Karnataka High Court.
Karnataka Lokayukta Act. An order entrusting a disciplinary enquiry to the Lokayukta based merely on its report under Section 12(3), without independent application of mind or establishment of a prima facie case, and merely reproducing the report despite contrary departmental findings, is liable to be quashed. Karnataka High Court.
When a court grants a legal benefit to certain individuals, the principle of treating similarly situated persons equally requires that the same benefit be extended to all others in identical circumstances, without necessitating separate litigation. Authorities are duty-bound to apply such decisions uniformly to all comparable cases. Karnataka High Court.
Where no proper notice is served on all parties after a prior remand, and the Land Tribunal fails to record who was in actual cultivation as tenant on the relevant date, a fresh remand is justified. Delay in challenge does not bar such relief if the petitioners were unaware of the proceedings due to lack of notice. Karnataka High Court.
Consumer Protection Act. Complaints against banks alleging deficiency in service, particularly those arising from marital disputes or involving criminal allegations, are not suitable for adjudication through the summary procedure of consumer forums. Such complaints are liable to be dismissed, especially where the complainant had prior knowledge of the transactions in question. Karnataka High Court.
Land Acquisition Act. When determining enhanced compensation for acquired land, particularly land with potential for non-agricultural use but not yet converted, the market value can be calculated based on the Sub-Registrar’s rate for residential property in the vicinity, subject to a deduction for development charges. Karnataka High Court.
Land acquisition. Strict pleading rules do not apply in reference cases for enhancement of compensation. The court’s priority is to determine the true market value, and claims for enhanced compensation should not be dismissed due to minor discrepancies between pleadings and evidence. Karnataka High Court.
Industrial land allotment by KIADB. When there is enormous delay in issuing final notification forcing the allottee to cancel the project, the KIADB cannot forfeit portion of the upfront payment made by the allottee. Karnataka High Court.
Arbitration and Conciliation Act. Limitation period for a Section 34 application to set aside an arbitral award commences from the date a party receives the signed award. If formal service is not proven, the date of applying for a certified copy can be deemed the start of the limitation period. Karnataka High Court.
Commercial Courts Act. Suit for ejection in respect of a commercial premises with prayer for award of mesne profit falls within the jurisdiction of commercial court under Section 2(1)(c)(vii). Karnataka High Court.
Service Law. Courts and tribunals can intervene with an order imposing penalty or punishment when the order is issued by an authority lacking jurisdiction; when the decision is unsupported by evidence and when there is a gross violation of the principles of natural justice. Karnataka High Court.
Order XXVI Rule 9 of CPC. In a suit for permanent injunction/possession, commissioner cannot be appointed to find out location, boundaries and details of the property. The plaintiff must be definite about the suit schedule property. Karnataka High Court.
Contract Act. When fixed deposits are offered as collateral security towards loan, Bank can exercise its general lien over the fixed deposits. Karnataka High Court.
Freedom Fighters pension. Care has to be taken to see that real freedom fighters do not suffer, at the same time, fictitious claims have to be sternly dealt with on merits. Karnataka High Court.
Suit for specific performance. Third parties or strangers to the contract cannot be made parties to the suit, even if they claim to be joint family members and assert title over the property. Karnataka High Court.
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