Hon’ble Mrs. Justice M.G. Uma celebrates her 62nd birthday today.
Hon’ble Mrs. Justice Makkimane Ganeshaiah Uma: Born on 10th March 1964. Had early education at Government Primary School, Sringeri and Government Higher Primary School, Sringeri. Secured B.Com degree from J.C.B.M College, Sringeri. Obtained degree in Law from Vaikunta Baliga College of Law, Udupi and LL.M. from Kuvempu University, Shivamogga.
Enrolled as an Advocate in the Karnataka State Bar Council on 16th August 1988. Practiced and served in different branches like Civil and Criminal at Udupi, Gadag and at High Court of Karnataka, Bengaluru etc.
Appointed as District Judge at Mysuru on 25th February 2008 and as Principal District and Sessions Judge on 23rd May 2011 and served at Bellary, Mangaluru and Ramanagara.
Served as Member Secretary of Karnataka State Legal Services Authority, Bengaluru on OOD during the year 2016.
Appointed as Additional Judge of High Court of Karnataka on 4th May 2020 and Permanent Judge on 25th September 2021.
Important judgements delivered by Hon’ble Mrs. Justice M G Uma.
Imposition of realistic, punitive cost is necessary to prevent abuse of process of court. Karnataka High Court imposes Rs. 50,000 cost on husband who filed frivolous Habeas Corpus petition seeking custody of child from wife.
Complaint under Section 138 of the Negotiable Instruments Act is not maintainable only against Director of Company unless the Company is also made party to the proceedings. Karnataka High Court reiterates.
Prospective allottee of an industrial plot has no right to challenge denotification of lands from the acquisition proceedings. Karnataka High Court.
Negotiable Instruments Act. Dishonour of cheque issued by outgoing/retired partner does NOT bind the partnership firm or other partners. Karnataka High Court.
Civil Court has no jurisdiction to grant temporary injunction restraining change of mutation entries under the Karnataka Land Revenue Act. Karnataka High Court.
Accused, after obtaining bail absconds and proclaimed by Court as ‘absconding accused’. He is not entitled for anticipatory bail. Karnataka High Court.
Defamation. Freedom of speech and expression cannot invade right to life.
Renouncants married under French Civil Code can not apply for divorce under Indian Christian Marriage Act 1872 or the Special Marriage Act 1954. Only the French Civil Code governs them. Karnataka High Court.
POSCO Act. Statement recorded under Section 164 of Criminal Procedure Code can NOT be considered to be evidence under Section 35 of the POCSO Act. Karnataka High Court.
POSCO Act. Failure to record evidence of the child within thirty days of cognizance and to complete the trial within one year, will NOT entitle accused for default bail. Karnataka High Court.
POCSO. Apart from rendering justice to child victims, concomitant support service systems have also to be provided, as the child victim faces physical injury and psychological trauma. Karnataka High Court issues directions for system overhaul.
Disposal of immovable property by Will would not amount to transfer within the meaning of Section 5 of the Transfer of Property Act and hence the prohibition under Section 61 of the Karnataka Land Reforms Act also does not apply. Karnataka High Court.
Bequeathing granted land by Will to non-SC/ST person by original grantee does not attract the provisions of the Karnataka SC/ ST (PTCL) Act, 1978 since Will does not amount to transfer of property. Karnataka High Court.
Suit for injunction. Where issue is framed regarding title of the plaintiff to the property, court fee is payable on the market value under Section 26(c)(ii) of the Karnataka Court-fees and Suits Valuation Act. Karnataka High Court.
Proceedings under Order 39 Rule 2A of CPC for violation of court order is maintainable even against third parties who are bound by the order. Karnataka High Court.
”It’s time to restore confidence of the people in independent judiciary”. Karnataka High Court charges Tahsildar for contempt of Court for not entering name of the farmer in revenue records despite court orders.
Property inherited by woman from her father will revert to her father’s heirs if she dies issueless. Hence the woman’s husband is not a necessary party in the suit for partition of the said property. Karnataka High Court.
Negotiable Instruments Act. When a signed cheque is voluntarily issued, even if blank, it raises a presumption that it was issued for a legally enforceable debt. The accused must provide probable evidence to rebut this presumption, and mere denial or unsubstantiated claims of cheque misuse are insufficient. Karnataka High Court.
Once the plaintiff proves his possession and enjoyment of the suit property and when the defendant has chosen to contest the suit, the defendant’s interference could be inferred and the plaintiff is entitled for permanent injunction. Karnataka High Court.
Once a document produced before the Court is impounded for non-payment of stamp duty, the party cannot withdraw the same without payment of duty penalty simply because he does Pronot want to rely on it. Karnataka High Court.
Nominee of Bank deposit is only a trustee to receive the amount in deposit on behalf the legal heirs of the deceased account holder. He cannot have the preferential right to the exclusion of the legal representatives. Karnataka High Court.
Arrears of maintenance accrued during the lifetime of wife is not a personal right that abates upon her death. It constitutes an enforceable debt that forms part of her estate and can be pursued by her legal heirs. Karnataka High Court.
Karnataka Rent Act. A tenant who has historically paid rent to a person and admitted the tenancy in writing is legally estopped from challenging that person’s title as ‘landlord’. Where a landlord provides evidence of a bonafide intent to demolish and reconstruct a dilapidated property for commercial purposes, and such evidence remains largely undisputed during cross-examination, the landlord is entitled to an order of eviction. Karnataka High Court.
Karnataka Rent Act. Rent Court has no jurisdiction to award ‘damages’ or ‘mesne profits’ for the continued occupation of the premises by the tenant during the pendency of the litigation. Such a claim for damages constitutes a distinct cause of action that must be pursued by the landlord through a separate substantive civil suit. Karnataka High Court.
Negotiable Instruments Act. Dishonour of cheque issued by outgoing/retired partner does NOT bind the partnership firm or other partners. Karnataka High Court.
Karnataka Land Reforms Act. ‘Agriculture’ includes raising of grass. If there is evidence to show that a party is in possession of agricultural land, cultivates it and pays land revenue, he is entitled to occupancy rights. Karnataka High Court.
Karnataka Land Revenue Act. Even where agricultural land is deemed converted due to its inclusion within municipal or municipal corporation limits, payment of the prescribed conversion fee remains mandatory. Karnataka High Court.
Karnataka Land Reforms Act. If a cultivating tenant purchases the tenanted land, his tenancy rights merge into his ownership rights under the sale deed. If the sale deed is later found invalid, his ownership claim fails, but his tenancy rights remain unaffected. Karnataka High Court.
Hindu Succession Act. When a Hindu governed by Aliyasantana Law dies after the commencement of the Act leaving an undivided interest in a ‘Kutumba’ or ‘Kavaru,’ such interest shall devolve by testamentary or intestate succession under Section 7(2) and not according to the traditional Aliyasantana Law. The grant of occupancy rights under the Karnataka Land Reforms Act to one member of such a family inures to the benefit of all legal heirs entitled to succeed to the interest of the original tenant. Karnataka High Court.
Although Section 498A of the IPC was enacted to curb cruelty against married women, courts must be circumspect in preventing its misuse through vague, omnibus allegations stemming from matrimonial discord. In the absence of prima facie material on record, continuation of the prosecution would be unwarranted, held the Karnataka High Court.
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