H.D.Devegowda vs M/s. Nandi Infrastructure Corridor Enterprise Limited. Writ Petition 725/2021 decided on 15 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358443/1/WP725-21-15-01-2021.pdf Relevant paragraphs: 2(a) The suit was filed by the respondent on 27.06.2012; it is founded on alleged defamation; plaintiff claims the damages in a sum of Rupees Ten Crore; Written Statement has been filed on 13.08.2012 …
Author Archives: rajdakshalegal
Suits founded on the tort of defamation need to be tried expeditiously. Public memory being too short, the claim for redressal for the hurt of reputation merits speedier consideration. Karnataka High Court.
H.D.Devegowda vs M/s. Nandi Infrastructure Corridor Enterprise Limited. Writ Petition 725/2021 decided on 15 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358443/1/WP725-21-15-01-2021.pdf Relevant paragraphs: 2 (c) ….The opinion of the learned judge that the petitioner has been dragging on the suit proceeding is formed on the basis of what has been reflected in the Order Sheet; there is …
Negotiable Instruments Act. Section 138. Return of cheque with endorsement “account closed”, “payment stopped”, “referred to the drawer”,” “signatures do not match”, “image is not found”. Any attempt to prevent the cheque from being honoured would be an offence. Supreme Court.
Laxmi Dyechem v. State of Gujarat, (2012) 13 SCC 375. Judgment Link: https://main.sci.gov.in/jonew/judis/39772.pdf Relevant paragraphs: 16. The above line of decisions leaves no room for holding that the two contingencies envisaged under Section 138 of the Act must be interpreted strictly or literally. We find ourselves in respectful agreement with the decision in Magma case …
Negotiable Instruments Act. Section 138. Notice returned with endorsement “addressee is left”. Same does not amount to deemed service of notice. Accused is entitled to benefit of doubt regarding service of notice. Andra Pradesh High Court.
K. Annaji Rao vs N. Krishna Raju Sekhar (2004) 2 AP LJ 63 (SN) PDF of the Judgment HELD: In Sridhar M.A. V. Metalloy N.Steel Corpn (2000 (1) SCC 397) the apex Court held that notice should not be deemed to have been served as a matter of course and deemed service is to be …
“Forum Shopping” costs Rs. 1,00,000/- to this litigant !
{“Forum Shopping” is a term for the practice of unscrupulous trying to get their cases heard in the court which they perceive is most likely to provide a favorable judgment.} The Karnataka High Court, Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum, castigated a litigant who wanted his matter to be heard by a non-Karnataka Judge …
Continue reading ““Forum Shopping” costs Rs. 1,00,000/- to this litigant !”
High Court of Karnataka restores normal functioning of District Courts with effect from 18 January 2021, except in seven districts, on experimental basis.
The Modified Standard Operating Procedure issued on 12 January 2021 for the District Judiciary with effect from 18 January 2021. Normal functioning is restored in all courts except (1) Bengaluru Urban (2) Bengaluru Rural (3) Chikkaballapura, (4) D.K. Mangaluru (5) Mysuru, (6) Shivamogga and (7) Tumakuru PDF copy below
Dowry Prohibition Act, 1961. Wife roping in entire family members of husband with ulterior motive of wreaking vengeance. Such proceedings are liable to be quashed. Karnataka High Court.
Sarasamma and others vs State of Karnataka and others. Criminal Petition 77/2018 decided on 10 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356616/1/CRLP77-18-10-12-2020.pdf Relevant paragraphs: 13. There is no dispute that second respondent has lodged a complaint before the first respondent – police on 5.2.2015. But her evidence clearly reveals that inspite of issuance of notice by her …
Specific Relief Act. Where specific performance of oral agreement is sought for, heavy burden lies on the plaintiff to prove that there was consensus ad idem between the parties for a concluded oral agreement for sale of immovable property. Karnataka High Court.
H.R.Subramanya Shastry and others vs K. Mohan Kumar. Regular First Appeal 666/2013 decided on 6 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358136/1/RFA666-13-06-01-2021.pdf Relevant paragraphs: 31. In view of the oral agreement set up by the plaintiff in respect of the immovable property, heavy burden is on him to discharge the same when there was an oral contract …
Criminal Trial. DNA report cannot be relied on unless the Scientific Officer who has given the report is examined and is subjected to cross-examination. Karnataka High Court.
Paramesha vs State of Karnataka. Criminal Appeal 1959/2019 decided on 11 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357617/1/CRLA1959-19-11-12-2020.pdf Relevant paragraphs: 21. I am conscious of the fact that the DNA test is an impact of the modern scientific and technological revolution. No doubt this new technology can be used as an effective tool in crime detection. To …
“It is high time for the government to introspect and take stringent measures to protect forest and government lands”. Karnataka High Court expresses deep concern over encroachment of forest and government lands.
Jeanne Pinto vs Deputy Conservator of Forests and another. Regular First Appeal 988/2013 decided on 6 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/358139/1/RFA988-13-06-01-2021.pdf Relevant paragraphs: 35. It is known that the authorities are taking action on small fishes i.e., encroachers of small extent of lands like 1 or 2 acres. They never bother about whales who encroach …
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