M. Vishwanath vs State of Karnataka. Criminal Petition 2113/2020 decided on 23 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/360577/1/CRLP2113-20-23-12-2020.pdf Relevant paragraphs: 11.3. This Court in several decisions has come to a conclusion that the requirements under Section 15 of the Act are mandatory and not directory. However, in all the said decisions the dictum by the Hon’ble …
Author Archives: rajdakshalegal
Election Law. Purposive interpretation. “Assets of candidate” includes consideration passed on for agreement of sale. Candidate must disclose such asset in the affidavit accompanying the Nomination Form. Karnataka High Court.
Firdous Parveez Taj vs Yasmin Taj. Writ Petition 11100/2020 decided on 22 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/360729/1/WP11100-20-22-01-2021.pdf Relevant paragraphs: There is no dispute as to the legal requirement of disclosure inter alia of “assets” of the candidate and of spouse, both in terms of the State Election Commission Notification dated 14.07.2003 and the mandatory prescription …
Election Petition. Amendment to introduce “material facts” after the expiry of limitation to file election petition not permissible. Only “amplificatory particulars” can be added. Karnataka High Court.
Firdous Parveez Taj vs Yasmin Taj. Writ Petition 11100/2020 decided on 22 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/360729/1/WP11100-20-22-01-2021.pdf Relevant paragraphs: It is basic to the law of elections that in a democracy, the mandate of people as expressed at the hustings must prevail and be respected; that is why the election of a successful candidate is …
Will. Proof. Attesting witness of a will is not found or having died, Court can accept the evidence of the Sub-Registrar who had registered the will. Supreme Court.
Ved Mitra Verma v. Dharam Deo Verma, Civil Appeal. 153 of 2009 decided on 31:7:2014. Reported in 2014 (15) SCC 578 Judgment: Justice Ranjan Gogai and Justice S.A.Bobde Aggrieved by the judgment and order of reversal passed by the Gauhati High Court at Guwahati, Shillong Bench, this appeal has been filed. The respondent Dharam Deo …
Criminal Procedure Code. Section 202. When the accused has office, branch office or the like within the jurisdiction of the Magistrate where the offence has been committed, there is no requirement of enquiry before issuance of summons. Karnataka High Court.
M/s. Dream Logistics Company vs Karnataka State Pollution Control Board. Criminal Petition 101728/2017 decided on 6 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348072/1/CRLP101728-17-06-11-2020.pdf Relevant paragraphs: 9. Whether a Magistrate can issue summons to a person residing outside the territorial jurisdiction without conducting an enquiry under Section 202 of Cr.P.C., if so under what circumstances? 9.5 The procedure under …
Labour dispute. Dismissal of a workman cannot be interfered with merely on the ground that no disciplinary enquiry was held, if the employer could justify the action before the Labour Court. Supreme Court.
State of Uttarakhand and others. vs Sureshwati. Civil Appeal 142/201 decided on 20 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2020/13459/13459_2020_38_1501_25605_Judgement_20-Jan-2021.pdf Relevant paragraphs: 14.This Court has in a catena of decisions held that where an employer has failed to make an enquiry before dismissal or discharge of a workman, it is open for him to justify the action …
Pollution Control laws. Tenant of a property or operator of industry in the air pollution control area has to obtain consent/permission from the Pollution Control Board unless there is a contract to the contrary in the lease agreement. Karnataka High Court
M/s. Dream Logistics Company vs Karnataka State Pollution Control Board. Criminal Petition 101728/2017 decided on 6 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348072/1/CRLP101728-17-06-11-2020.pdf Relevant paragraphs: 12. Point (v). Can a tenant or a licencee of the property contend that the liability of obtaining permission from the respective Pollution Control Board would be that of the owner and the …
Destruction of the environment is “Ecocide”. Person stacking iron ore in open space causing Air and Water pollution is liable for prosecution. Karnataka High Court
NOTE: The Karnataka High Court applies the principle of “Ecocide” in a case involving Air and Water pollution by trader who stacked iron ore in open place causing Air and Water pollution. Ecocide is criminalized human activity that violates the principles of environmental justice, as by substantially damaging or destroying ecosystems or by harming the …
Writ seeking appointment of members from religious minorities as Chairman of Minorities Development Corporation by rotation. In the absence of a legal obligation, such a direction cannot be issued. Karnataka High Court.
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Service Law. Principle that person who participates in the selection process cannot challenge the procedure for selection is not absolute. Estoppel and acquiescence would not apply in case of glaring illegalities in the selection. Karnataka High Court.
Dr. Raghavendra H.K. vs The State of Karnataka and others. Writ Petition 4923/2020 decided on 16 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/360403/1/WP4923-20-16-01-2021.pdf Relevant paragraphs: 17. Insofar as the contention of the respondents that the petitioner is estopped from challenging the selection process after having participated on the ground of acquiescence is concerned, the said principle is …
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