Hon’ble Mr. Justice R. Nataraj celebrates his 56th birthday today.
Hon’ble Mr. Justice Rangaswamy Nataraj: Born on 14.03.1970. Enrolled as an Advocate on 08.09.1992.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 11.11.2019 and Permanent Judge on 08.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice R Nataraj.
Town Planning. Illegal and unauthorized constructions not only violate the municipal laws and concept of land development of particular area but also affect fundamental and constitutional rights of other persons. Karnataka High Court.
Karnataka Lokayukta Act, 1984. Section 7(2-A). When Lokayukta conducts inquiry and submits report to Government, it is NOT necessary to give opportunity of being heard to persons named in the report. Karnataka High Court.
Once layout plan is sanctioned after verifying water course, pathway etc, Planning Authority must inspect formation of layout as per the sanctioned plan. Karnataka High Court.
When construction of building is unauthorised and without license, action of the Municipal authorities to remove the same cannot be found fault with. Karnataka High Court.
Advocate avoids execution of decree passed in 1966 by adopting unprofessional tactics. Karnataka High Court imposes cost of Rs. 5 lakhs, initiates contempt proceedings and refers the matter to Bar Council.
Merely because special warrant to search premises is lawful, prosecution cannot be launched without complying Section 155(2) of Cr.P.C. Karnataka High Court.
Karnataka Land Revenue Act. Pendency of the Master Plan under the Karnataka Town and Country Planning Act for Government approval can NOT be a ground for rejecting conversion of land from agricultural to non-agricultural. Karnataka High Court.
Purchase of granted land in public auction conducted by a co-operative Bank in execution proceedings does not attract the provisions of the Karnataka SC/ST (PTCL) Act. Karnataka High Court.
Suit for cancellation of a document. ‘’Value of the property for which the document was executed’’ has to be considered to determine the court fee payable and not the “market value of the property”. Karnataka High Court.
Land reserved in the Master Plan for parks and open spaces shall be acquired within a period of five years and compensation be paid failing which the landowner is entitled to use the same. Karnataka High Court.
When the authorities repeatedly fail to perform statutory function and to follow the law declared by Courts, the Writ Court can itself grant relief instead of remanding the matter. Karnataka High Court.
Hindu Succession Act. Step-mother is not class I heir of Hindu male dying intestate and cannot claim property left by him. Karnataka High Court.
Relinquishment of Special Economic Zone. Government cannot impose interest on the stamp duty where exemption was granted earlier. Karnataka High Court.
Transferee pendente lite can be added as co-plaintiff in pending suit under Order XXII Rule 10 of the Code of Civil Procedure. Karnataka High Court.
Karnataka Village Offices Abolition Act. Purchaser of lands from the holder of the village office is entitled to contest the order of the land Tribunal. Karnataka High Court.
Claim for occupancy rights under the Mysore (Religious and Charitable) Inams Abolition Act cannot be considered without impleading the Temple or the endowment officer as party respondents. Karnataka High Court.
Agreement to sell does not amount to concluded transfer. Such agreement cannot be construed as void under Section 33 of the Karnataka Co-Operative Societies Act. Karnataka High Court.
A probate proceeding under the Indian Succession Act, 1925, even when contested, remains distinct from a regular civil suit and is limited to determining the validity of the Will. The probate court does not have jurisdiction to decide partition, title, or mesne profits, and such claims must be pursued in a separate civil suit. Karnataka High Court.
Civil Procedure Code. Order XIV Rule 5. A party cannot seek to strike off an issue framed in a suit when the same party had asserted that fact in the pleadings. An issue based on the defendant’s own assertion cannot be struck off merely because another forum ruled against him on that point. Karnataka High Court.
Where agricultural lands are submerged due to a government irrigation project without proper acquisition proceedings, the affected landowners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Karnataka High Court.
Karnataka Stamp Act. Although lessee is responsible for paying stamp duty, unless otherwise agreed, if the landlord produces an unstamped deed in court, he must pay the duty and recover it from the lessee. Karnataka High Court.
The principle that admissibility of a document already marked cannot be challenged due to improper stamping applies only when the court has applied its mind before marking it. Karnataka High Court.
SARFAESI Act. In the event of an unsuccessful auction sale, if the borrower pays the entire outstanding amount, the Bank is bound to issue a clearance certificate and restore possession of the property to the borrower. Karnataka High Court.
SARFAESI Act. Failure by the auction purchaser to pay the amount due renders the sale null and void. Consequently, it becomes the authority’s mandatory duty to re-auction the property. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Grantee’s failure to purchase alternate land, after obtaining permission from the Deputy Commissioner to alienate, cannot be a ground to cancel sale of granted land. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Deputy Commissioner cannot impose condition requiring grantee to purchase alternate land from out of the sale proceeds while granting permission to alienate granted land. Karnataka High Court.
Specific Relief Act. Purchaser pendente lite is entitled to come on record as an assignee even at the appellate stage under Order 22 Rule 10 of the Civil Procedure Code. Karnataka High Court.
Suit for cancellation of decree obtained on the ground of fraud etc without seeking possession delivered pursuant to the decree is not maintainable. Karnataka High Court.
Benami Transactions (Prohibition) Act. Cancellation of sale and confiscation of property cannot be resorted to in respect of the properties purchased before the 2016 amendment. Karnataka High Court.
Specific Performance. Purchaser pendente lite cannot come on record in the execution proceedings or obstruct delivery of the possession to the decree holder. Karnataka High Court.
Lok Adalat cannot record compromise unless the parties to the compromise are present before it. Advocate cannot act before the Lok Adalat only on the basis of the Vakalat. Karnataka High Court.
Correction of mistake in the death certificate cannot be refused only on the ground of delay without following the procedure under the Registration of Births and Deaths Act. Karnataka High Court.
Stay of suit under Section 10, CPC can be ordered only when the issue before a Court is substantially in issue in an earlier proceedings between the same parties or under whom they claim in respect of the same subject matter. Karnataka High Court.
Purchaser pendente lite has a right to be impleaded in the execution proceedings and seek equitable partition exercising the rights of the transferor. Karnataka High Court.
Planning Authority cannot demand free relinquishment of land for road widening at the time of plan sanction without paying compensation. Karnataka High Court.
Karnataka Court Fees and Suits Valuation Act. For the purposes of determining market value of agricultural land assessed to land revenue, the procedure prescribed under Section 7(2) of the Act has to be followed. Karnataka High Court.
Hindu Law. Bombay School of Mitakshara. Widow of a coparcener is entitled to an equal share as that of a son. Karnataka High Court.
Suit for partition. Final Decree, Court can exercise discretion to see whether it is feasible to allot the properties purchased by purchasers to the shares of defendants who had alienated the properties. Karnataka High Court.
Motor Vehicles Act. Liability of the insurer continues even when the vehicle is leased to lessee. Driver continues to be employee of the lessor and is entitled for the compensation. Karnataka High Court.
Alienation of a minor’s property by a natural guardian does not become void from the date of its execution but shall be so construed only after it is declared so by a competent Court. Karnataka High Court.
Hindu Succession Act. An unborn child’s right under Section 20 applies only when the father dies intestate and cannot be invoked when the father is alive. Karnataka High Court.
A suit for partition cannot be valued under Section 35(2) of the Karnataka Court Fees and Suits Valuation Act, 1958, unless joint possession is specifically pleaded and established. Karnataka High Court.
High Court can reject a plaint in a matter brought before it from an interlocutory order, when the suit itself is not maintainable. Karnataka High Court.
A state authority cannot dispossess someone of land lawfully held under a government grant or other valid title without due process. Even if it alleges a breach or has begun proceedings, it cannot unilaterally interfere with or seize the property; formal steps like cancelling the grant or issuing a final notice under the law are required first. Karnataka High Court.
Maintenance and Welfare of Parents and Senior Citizens Act. The Tribunal cannot annul a property transfer unless the transfer expressly or impliedly mandates the transferee to provide maintenance to the senior citizen. Where the transaction is an amicable family settlement, the Tribunal lacks the requisite jurisdiction to treat the transaction as void. Karnataka High Court.
Sanction of layout plan cannot be rejected only on the ground that the converted land is bifurcated. The restriction under the KT&CP Act is only bifurcation of plots within an existing layout and not the converted land. Karnataka High Court.
A lease granted to an ex-serviceman under a rehabilitation scheme and the business established cannot be arbitrarily disrupted. Equity and public interest require lawful consideration of renewal, and the lessee is protected from eviction or business obstruction until a final decision is made. Karnataka High Court.
A landowner whose property is acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act is entitled to rehabilitation and resettlement benefits as an affected family regardless of whether the acquisition affects his primary livelihood. Karnataka High Court.
Karnataka Municipalities Act. A demand notice for property tax is invalid if issued without following the procedure which mandates prior assessment, notice, and opportunity to object. Tax authorities must adhere to statutory requirements before enforcing tax liabilities. Karnataka High Court.
Karnataka Land Revenue Act. A survey officer cannot arbitrarily modify or alter land boundaries or resolve ownership disputes. If disputes arise, they must be referred to a Civil Court rather than resolved administratively. Karnataka High Court.
Compensation awarded for the acquisition of agricultural land is not subject to taxation under the Income Tax Act. Any deduction of TDS without proper classification of the land as non-agricultural is illegal. Karnataka High Court.
Hindu Adoptions and Maintenance Act. Father-in-law is legally obligated to provide maintenance to his widowed daughter-in-law if she is unable to maintain herself and when he possesses sufficient property capable of generating income. Karnataka High Court.
POCSO Act. DNA evidence alone, though having evidentiary value under Section 45 of the Evidence Act, cannot establish guilt beyond reasonable doubt without corroborative testimony, especially when the prosecutrix denies the incident. Karnataka High Court.
Hindu Law. A son born after a father receives ancestral property in a partition is entitled to a share in that property as his birth reconstitutes the coparcenary, unless the property was alienated before his birth. Karnataka High Court.
Karnataka Land Revenue Act. A suit against the State or its officers regarding entries in revenue records is expressly barred by Section 135. Such a suit is liable to be rejected at the threshold under Order VII Rule 11 of the Civil Procedure Code for not disclosing cause of action. Karnataka High Court.
A neighbour who complains of building plan violations is a ‘necessary and proper party’ to a suit filed by the builder against a local authority to restrain demolition. Principle of dominus litis cannot be used to exclude a party whose civil rights are directly impacted by the alleged unauthorized construction, especially when the plaintiff has made specific allegations of conspiracy or malice against that neighbour in the pleadings. Karnataka High Court.
A statutory body cannot derive benefit from its own default. Where an allottee has paid the allotment price but the authority fails to hand over vacant and encumbrance free possession of a site for several years, the authority is legally barred from demanding ‘re-allotment’ fees at current market rates. Karnataka High Court.
Evidence Act. A judicial admission made by a party in prior legal proceedings regarding the execution of a Will constitutes ‘estoppel by record.’ Such an admission dispenses with the formal requirement of proving the Will’s execution. Karnataka High Court.
Non mentioning of water bodies and storm water drain in the Comprehensive Development Plan is inconsequential for exercising statutory power to remove encroachment or blockage of natural water course which actually exist on the lands. A sanctioned building plan or the issuance of an Occupancy Certificate does not validate the encroachment or obstruction of a storm water drain. Karnataka High Court.
Where a party seeks to displace natural succession by setting up a Will, and that Will is disputed, Revenue and Municipal authorities cannot adjudicate upon the validity, genuineness, or execution of a disputed Will. The party claiming under the Will must establish its legitimacy in a Civil Court before any mutation entry or Khatha transfer can be effected. Karnataka High Court.
Amendment of pleadings. While counterclaims should generally be raised before framing of issues, in exceptional circumstances, such as a shift in legal precedent justify allowing amendments even at a later stage. Karnataka High Court.
In a suit for cancellation of a document, it is the value and not the market value of the suit property that has to be taken into consideration for the purpose of determining the Court fee. Karnataka High Court.
Daksha Legal 