Hon’ble Mrs. Justice K. S. Mudagal celebrates her 62nd birthday today.
Hon’ble Justice Kottravva Somappa Mudagal: Born on December 22, 1963. Obtained B’Com, LL.B. from Karnataka University, Dharwad. Joined legal profession on 6th July, 1988 as an Advocate at Dharwad and Bangalore. Appointed as District Judge on 17.06.1998. Sworn in as an Additional Judge of the High Court of Karnataka on 14th November, 2016 and Permanent Judge on 03.11.2018.
Important Judgments delivered by Hon’ble Justice K.S. Mudagal.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Dismissal of the main suit does NOT absolve the defendants of their liability for breach of injunction order. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Party knowingly violating injunction order cannot contend that the order is null and void or irregular and hence need not be obeyed. Karnataka High Court.
Father is liable to pay maintenance to the major daughters and also their marriage expenses. Karnataka High Court.
Rejection of Plaint. When plaint is sought to be rejected on a pure question of law, the application cannot be dismissed on the ground that the same shall be considered on a full-fledged trial. Karnataka High Court.
Lok Adalat award in respect of cheque bounce case. Amount can be recovered by Fine Levy Warrant under Section 421 Cr.P.C. Karnataka High Court.
Daily waged employees working in the local bodies like Zilla Panchayats, on their regularization, are entitled for payment of gratuity from the date of their initial appointment. Karnataka High Court.
Delay and laches in filing Writ Petition. Where respondents/authorities are themselves guilty of delay and latches, they cannot raise such plea against petitioner. Karnataka High Court.
UAP Act. Informal body of individuals ‘concerned’ with the terrorist act, though not actually involved in terrorist act, is also covered under the definition of ‘terrorist gang’. Karnataka High Court.
Guardians and Wards Act. The custody of a minor child should be with the natural parents unless they are found unfit. While the child’s preference is a factor, the paramount consideration is their long-term welfare, emotional stability, financial security, and sibling bonding. Prior custody agreements can be revised based on changing circumstances. Karnataka High Court.
Proceedings under Section 125 of the Code of Criminal Procedure which are brought before a Family Court, are civil in nature. The Court has the discretion to accept evidence via affidavit. Karnataka High Court.
‘Criminal Law. Investigation agencies dishing out charge sheet under public pressure only to quench and quell the public angst resuling in perfunctory and lopsided investigation requires introspection’. Karnataka High Court, while acquitting the accused in triple murder case.
Review Petition by non-party to the proceedings. Court can review compromise decree recorded in Regular Second Appeal if there was suppression of facts affecting the rights of third party. Karnataka High Court.
Rider of two-wheeler not possessing driving license. Insurance Company is NOT liable for compensation. Karnataka High Court.
Unregistered sale deed cannot be received in evidence even for the collateral purposes of proving possession. Karnataka High Court.
Civil suit questioning attachment of property under the Karnataka Co-operative Societies Rules is not maintainable without exhausting the remedy provided under Section 101 of the Karnataka Co-operative Societies Act. Karnataka High Court.
For the lands falling within Corporation limits, there is no need to obtain conversion from agricultural to non-agricultural purpose under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.
Hindu Law. There can be partition of ancestral properties among the cousins and need not always be among the direct brothers. Karnataka High Court.
Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Occupancy rights granted under the Karnataka Land Reforms Act in favour of one of the member of the family enure to the benefit of the members of the joint family. Karnataka High Court.
Industry showing payment of overtime wages as conveyance charges to evade the ESI contribution. Karnataka High Court imposes exemplary cost on the appellant industry.
Defense of ouster in a suit for possession. The adverse possession pleaded must be open, express or implied repudiation of the rights of the true owner and the hostility must be within the knowledge of true owner. Karnataka High Court.
Irrespective of a party not filing appeal against dismissal of the suit for partition and separate possession, Court can grant relief in appeal invoking Order XLI Rule 33 of C.P.C. Karnataka High Court.
Court cannot refer a case relating to non-compoundable offence to Lok Adalat and Lok Adalat has no jurisdiction to determine such case. Karnataka High Court.
Negotiable Instruments Act. Section 138 not only includes the cheques issued towards the discharge of any debt, but other liability also. Karnataka High Court.
Unstamped partition deed cannot be relied upon for the purpose of enforcing pre-emption clause contained therein. Karnataka High Court.
When a document is admitted in evidence at the instance of a party, entire contents of the document shall be accepted. Party producing the document cannot contend that only portion of the document shall be accepted. Karnataka High Court.
Though Christian law does not recognize adoption, it does not prohibit adoption. Adopted children of Christian parents have right of inheritance. Karnataka High Court.
When minor’s property is sold without Court permission, the minor on attaining majority need not seek cancellation of the sale deed. He can simply repudiate the sale and validly transfer the property. Karnataka High Court.
Rejection of Plaint. When plaint is sought to be rejected on a pure question of law, the application cannot be dismissed on the ground that the same shall be considered on a full-fledged trial. Karnataka High Court.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Dismissal of the main suit does NOT absolve the defendants of their liability for breach of injunction order. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Party knowingly violating injunction order cannot contend that the order is null and void or irregular and hence need not be obeyed. Karnataka High Court.
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