Hon’ble Mr. Justice Ashok S. Kinagi celebrates his 56th birthday today.
Hon’ble Mr. Justice Ashok S. Kinagi: Born on 01.01.1970. Enrolled as an Advocate in the year 1995. Practiced in High Court of Karnataka, Kalaburagi Bench from 2008 to till date.
Practiced in the field of Civil, Land Acquisition and Service Matters etc,.
Panel Advocate – Hyderabad Karnataka Education Society, Gulbarga, Khaja Banda Nawaj Education Society, Gulbarga, Alstom Project India Limited, Shahabad, ACC, Wadi, Karnataka State Financial Corporation, Karnataka State Industrial and Development Board, Ganesh Co-Operative Bank, Gulbarga, Punjab National Bank, Gulbarga, Hutti Goldmines, Hutti, Dist. Raichur, The Karnataka Power Transmission Corporation Limited.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important judgments delivered by Hon’ble Mr. Justice Ashok S. Kinagi.
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. When earlier suo-motu proceedings were dropped by the Assistant Commissioner, fresh proceedings cannot be initiated by the grantee without challenging the said order. Karnataka High Court.
Karnataka Land Grabbing (Prohibition) Act. The Civil Court must record a clear finding about land grabbing in order to transfer the case to Special Court. Karnataka High Court.
Land restored under SC/ST (PTCL) Act to original grantees cannot be construed as Government land to invoke the provisions of the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.
Constitution of India. Article 226. In a writ petition challenging the interim order passed by a Labour Court or Industrial Tribunal, refusal to interfere is a rule and interference is an exception. Karnataka High Court.
Intra-court appeal under the Karnataka High Court Act is not maintainable against an order passed by the Single Judge assailing an award passed by the Labour Court. Karnataka High Court.
Even an earlier registered sale deed does not confer right over property declared subsequently as Wakf property as long as the declaration is not set aside. Karnataka High Court.
Application for amendment of pleadings cannot be entertained after the commencement of trial, unless the party could not raise the issue before commencement of trial. Karnataka High Court.
Corporation cannot demand tax in respect of an industrial plot unless the industrial area is included within the Corporation limits. Karnataka High Court.
Khata of property cannot be changed when civil suit in respect of the property is pending adjudication before the Court. Karnataka High Court.
KMMC Rules. When the order of Competent Authority is approved by the Controlling Authority, who is also the Revision authority, Revision can only be filed before the State Government. Karnataka High Court.
Committees under Article 194(3) of the Constitution are not vested with adjudicatory jurisdiction which belongs to judicature under the constitutional scheme. Karnataka High Court.
Allotment of industrial plot cannot be cancelled on the ground of delay in implementing the project when the delay is attributable to reasons beyond the capacity of the allottee. Karnataka High Court.
Transfer of Property Act. Upon valid transfer of property, attornment of tenancy takes place and the tenant cannot question such derivative title. Karnataka High Court.
Property of first wife dying intestate goes even to the legally married second wife after the death of her husband. Karnataka High Court.
Unless the factum of Benami transaction is established, property purchased in the name of female becomes her absolute property. Karnataka High Court.
Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
Mohammedan law. Though a written document recording a gift (Hiba) is not compulsorily registrable under Section 17 of the Registration Act, the validity of such a gift is contingent upon the donor’s clear intention to divest title and the actual delivery of possession. Karnataka High Court.
Karnataka Village Offices Abolition Act. When Inam lands are re-granted by the government to the senior-most male member of the family, such re-grant is presumed to enure to the benefit of all the members of the joint family. Karnataka High Court.
A registered partition deed, where a minor’s father has accepted cash in lieu of share, cannot be reopened as unequal or unjust unless the minor, on attaining majority, proves it was prejudicial to their interests. The burden lies on the plaintiff, and mere oral claims are insufficient to set aside a legally executed partition. Karnataka High Court.
Even an earlier registered sale deed does not confer right over property declared subsequently as Wakf property as long as the declaration is not set aside. Karnataka High Court.
A Second Appeal under Section 100, Code of Civil Procedure is not maintainable to challenge a part of a trial court’s decree if that part was not contested by way of an appeal or a cross-objection before the first appellate court. Karnataka High Court.
A suit for declaration of a right, including a challenge to a registered Will, is barred by limitation if it is not filed within three years from the date when the plaintiffs had knowledge of the document. Karnataka High Court.
Civil court has no jurisdiction to determine the validity of an order passed by the Land Tribunal due to the bar under the Karnataka Land Reforms Act. Any order by a Civil Court setting aside a Land Tribunal’s decision would be void and without legal effect. Karnataka High Court.
“Status of husband and wife for the purpose of Section 24 has been achieved by the spouses by the solemnization” In proceedings under the Hindu Marriage Act, it is the legal duty of the husband to maintain the wife, especially when the wife has no independent source of income. Karnataka High Court.
An amendment to pleadings should generally be allowed before the commencement of trial if it is necessary for the proper adjudication of the dispute and does not alter the nature of the suit. Mere delay in seeking an amendment is not a valid ground for rejection, and any prejudice to the opposing party can be compensated with costs. Karnataka High Court.
Hindu Succession Act. When a person with a living daughter is adopted into another family, the daughter remains a part of her natural family and retains her right to inherit a share of her natural family’s ancestral property. Karnataka High Court.
Hindu Law. Alienation of an undivided share in joint family property by a coparcener is valid only to the extent of his share and is not binding on the shares of the non-alienating coparceners. The purchaser must seek to have the alienated property allotted to the vendor’s share during the final decree proceedings of the partition suit. Karnataka High Court.
A suit for partition based on the continued existence of joint family property is liable to be dismissed when the evidence demonstrates that the family’s joint status was severed by prior partial partitions and by the subsequent division of the remaining properties under a Will executed by the propositus. Karnataka High Court.
A claim for adverse possession fails when party making the claim asserts title through a sale agreement and, in the written statement, denies the title of the true owner. Such stand prevents the establishment of a hostile possession required for a claim of adverse possession. Karnataka High Court.
Property of first wife dying intestate goes even to the legally married second wife after the death of her husband. Karnataka High Court.
Karnataka Land Reforms Act. Tahsildar has no power to invite applications from landless persons unless a prior order has been passed by the Land Tribunal under Section 67 of the Act which determines that the land is in excess of the ceiling area and is to be surrendered to the State Government. Karnataka High Court.
Civil Court has jurisdiction to decide an ejectment suit when a claim for occupancy rights under the Karnataka Land Reforms Act has been rejected by the Land Tribunal, and that order has achieved finality. Karnataka High Court.
A suit for perpetual injunction is not maintainable when the plaintiff admits the defendant’s possession. Withdrawal of a prior suit with liberty to file a fresh one does not automatically validate a subsequent suit. Karnataka High Court.
Civil suit against Forest Officers who act under the color of duty to preserve forest land is not maintainable without sanction of the State Government under Section 114-A of the Karnataka Forest Act. Karnataka High Court.
Issue regarding valuation and Court fees cannot be tried as a preliminary issue in a suit and shall be tried along with other issues. Karnataka High Court.
Specific performance. Agreement executed within the prohibited period under the Karnataka Land Reforms Act cannot be specifically enforced. Karnataka High Court.
Violation of condition in land grant order will not result in automatic cancellation of the grant unless the Government initiates proceedings for resumption of the land. Karnataka High Court.
Court Fee. When agricultural land falls within the Corporation limit, the market value has to be taken into consideration even though the land continues to be shown as agricultural in the revenue records. Karnataka High Court.
When Court dismisses suit for declaration of title over the property, it cannot grant consequential relief of injunction. Karnataka High Court.
“Dependency on daughter does not end with her marriage”. Parents can seek compensation for the death of their daughter in a motor vehicle accident. Karnataka High Court.
Power of attorney executed in favour of blood relatives as mentioned in the Karnataka Stamp Act need not be stamped as a document of conveyance. Karnataka High Court.
Sale of ancestral property. Recitals in the sale deed of legal necessity do not by themselves prove the legal necessity though they are admissible in evidence. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Land converted for non-agricultural purposes no longer remains ‘granted land’ and hence there is no requirement of prior permission to sell such land. Karnataka High Court.
Persons who purchased suit schedule property during the pendency of suit for specific performance can be added as additional defendant. Karnataka High Court.
Delay in completion of the project on the industrial site allotted by the KIADB. Allotment cannot be straightaway cancelled by the authority without giving opportunity to the allottee. Karnataka High Court.
In a suit for declaration, the plaintiff is expected to prove his title to a high degree of probability and not beyond reasonable doubt. Karnataka High Court.
Daksha Legal 