Hon’ble Mr. Justice B.M. Shyam Prasad celebrates his 55th birthday today.
Hon’ble Mr. Justice Bhotanhosur Mallikarjuna Shyam Prasad: Born on 8th January 1971. 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 Judgements delivered by Hon’ble Mr. Justice B.M. Shyam Prasad.
Property inherited by a female from her parents reverts back to heirs of her father on she dying intestate and without issues. Suit for declaration by husband claiming such property ought to be rejected under Order 7 rule 11. Karnataka High Court.
Once parties acknowledge existence of arbitration clause, Court can appoint arbitrator even if stamp duty is insufficiently paid. Karnataka High Court.
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court.
Arbitration and Conciliation Act. When arbitrator withdraws from the office, substitute arbitrator can be appointed only under Section 11 read with Section 15 and under Section 29A(4) thereof. Karnataka High Court.
Appeal court should not allow amendment unless there is an error in the decree of the trial court and when the amendment relieves the party who lost the case from the consequences of a decision rendered on merits. Karnataka High Court.
Karnataka Court Fees and Suits Valuation Act, 1958. Suit for cancellation of sale deed in respect of agricultural land. Valuation is based on the land revenue and not on the amount shown in the sale deed. Karnataka High Court.
Property inherited by a female from her parents reverts back to heirs of her father on she dying intestate and without issues. Suit for declaration by husband claiming such property ought to be rejected under Order 7 rule 11. Karnataka High Court.
Karnataka Land Revenue Act. Questions of facts that impact title cannot be decided in proceedings under Chapter XI. Karnataka High Court.
Bombay Pargana and Kulkarni Watan Abolition Act. Watan property belongs to the entire family, with all family members having hereditary interests eligible for a share. Karnataka High Court.
Karnataka Stamp Act. Civil court cannot delegate its power to the District Registrar of Stamps to decide on the nature of the document and to determine the deficit duty. Karnataka High Court.
Petition for Succession Certificate under Section 372 of the Indian Succession Act cannot be dismissed solely on the ground of limitation. Karnataka High Court.
Wife with good educational qualification who quit salaried employment without any reason cannot demand maintenance under Section 125 Cr.P.C. Karnataka High Court.
BBMP Act. Improvement expenses can be collected in instalments for transfer of khata. Non-payment of instalment cannot be a reason to deny benefit of revenue entry since the amount can be recovered in accordance with law. Karnataka High Court.
Inter-State transmission of electricity under Section 11 of the Electricity Act 2003 can be regulated only by the Central Government. Karnataka High Court nullifies order of the State Government.
Pious obligation under the amended Section 6 of the Hindu Succession Act arises only if the plaintiff is able to demonstrate that the defendant has inherited some asset or estate from the deceased debtor. Karnataka High Court.
Once a property is brought under BBMP limits, the Karnataka Land Revenue Act ceases to apply. Denial of a consolidated Khatha on the ground of non-conversion of the land is not sustainable. Karnataka High Court.
Writ jurisdiction. The State is not exempt from the application of the doctrine of delay and laches, as an unexplained delay is fatal and prevents the re-opening of a finality attained by an order of the Tribunal. Karnataka High Court.
Hindu Marriage Act. The right of a spouse to receive permanent alimony under Section 25 is not only available at the time of passing of a decree but any time subsequent thereto on an application. Karnataka High Court.
Family Courts should liberally allow an amendment to include a prayer for permanent alimony in a matrimonial petition, even at a later stage, as permanent alimony is a relief incidental to the main prayer for dissolution of marriage. Karnataka High Court.
Payment of Gratuity Act. The Controlling Authority has the discretion to decide whether to levy compound interest on delayed gratuity payments under Section 8, after providing the employer a reasonable opportunity to present its case. Karnataka High Court.
Karnataka Grama Swaraj and Panchayat Raj Act. If a Grama Panchayat does not communicate its decision on an application for a building license or trade license within 60 days, the licenses are deemed to have been granted by operation of law. The authority cannot later invalidate the deemed approval. Karnataka High Court.
When a development has been approved under a prevailing Interim Master Plan, the subsequent notification of a final Master Plan that alters the land use designation does not revoke the prior development approval. The validity of the prior approval persists, especially where the developer has acted in accordance with it and third-party rights have been created. Karnataka High Court.
Karnataka Rent Act. Carpet area and the area covered by the walls of the premises, constitutes ‘plinth area’, which is to be taken into consideration for the purpose of application of the Act. Karnataka High Court.
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