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
Author Archives: rajdakshalegal
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 …
Adverse possession. Person occupying forest land in violation of Karnataka Forest Act, 1963 cannot claim adverse possession against the government. Government directed to take possession. Karnataka High Court.
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: 30. The provisions of Section 33(2)(iii-a) of the Karnataka Forest Act, 1963, prohibits unauthorized occupation of land for any purpose. Admittedly, the present plaintiff who is a trespasser and encroacher, filed suit …
Supreme Court orders opening of Anganwadi Centers outside the containment zones in order to provide nutritional support to pregnant women, lactating mothers, adolescent girls and children.
Dipika Jagatram Sahani vs. Union of India and Others. Writ Petition (Civil) 1039 of 2020 decided on 13 January 2021 Judgment Link: Relevant paragraphs: 1. This writ petition has been filed as a Public Interest Litigation under Article 32 of the Constitution of India questioning the closure of the Anganwadi Centres across the country. The …
Karnataka SC/ST PTCL Act. Repeated sale by grantee constitutes offence of cheating under Section 420 IPC. Such person is not entitled to seek restoration of the granted land and also to retain the consideration received by him. Karnataka High Court.
Kumar and others vs State of Karnataka and others. Writ Petition 21977/2013 and connected matters decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf Relevant paragraphs: 24. Judgment in THE TIBETIAN CHILDREN’S VILLAGE Vs. DEPUTY COMMISSIONER AND OTHERS in W.P.No.15802/2007 dated 07.04.2019 referred to as follows: “5. It is essential for us to travel a little …
Karnataka SC/ST PTCL Act. Conversion and sale of granted land by original grantee after prohibition period. Conversion amounts to deemed permission. Sale is valid. Karnataka High Court.
Kumar and others vs State of Karnataka and others. Writ Petition 21977/2013 and connected matters decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf Relevant paragraphs: 17 & 18. Immediately, after the condition of the non-alienation was over, the original grantee applies for conversion of the land from agricultural to non- agricultural purposes in the year …
Income Tax Act, 1961. Multi-State agricultural co-operative societies can claim deductions under Section 80P(2)(a). Supreme Court
The Mavilayi Service Cooperative Bank Ltd. & Ors vs. Commissioner Of Income Tax, CIVIL APPEAL NOS. 7343-7350 OF 2019 decided on 12/01/2021 Judgment Link: https://main.sci.gov.in/supremecourt/2019/27628/27628_2019_33_1501_25374_Judgement_12-Jan-2021.pdf Relevant paragraphs: 2. These appeals have been filed by co-operative societies who have been registered as ‘primary agricultural credit societies’, together with one ‘multi-State co-operative society’, and raise important questions as to deductions that can be claimed under section 80P(2)(a) (i) …
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