Sri. Sai Keshava Enterprises and others vs The State of Karnataka and others. Writ Petition 8851/2020 and connected matters decided on 7 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357096/1/WP8851-20-07-01-2021.pdf Relevant paragraphs: 1. The main issue involved in these writ petitions is: “Whether the State Legislature has legislative competence to enact sub Rule (7) of Rule 42 of …
Author Archives: rajdakshalegal
Bhoodan and Vidyadan Scheme. Owner cannot seek return of land once gifted. He can only seek direction for proper utilization of the land. Karnataka High Court.
Keerthi Kumar vs State of Karnataka and another. Writ Petition 6278/2018 decided on 8 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352928/1/WP6278-18-08-12-2020.pdf Relevant paragraphs: 15.15. …, once the land has been gifted under Bhoodan and Vidyadan scheme, there is no right which is created in the donor or the legal representatives of donor to seek for return of …
Exercise of any power having effect of destroying the Constitutional institution besides being outrageous, is dangerous to the democratic setup of this country. Karnataka High Court.
Kalpana Manjunath and others vs State of Karnataka and others. Writ Petition 117245/2020 decided on 5 January 2021. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356948/1/WP11725-20-05-01-2021.pdf 26. The issue raised before this Court, when considered in the backdrop of the Constitutional provisions, the words of the Apex Court in the case of Ravi Yashwant Bhoir Vs. District Collector, Raigad and …
Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981. Drifting of Vessel into maritime zone of another country due to unforeseen circumstances does not constitute an offence. Karnataka High Court.
Ababakar Ansari Miya and others vs State of Karnataka and others. Writ Petition 11248/2020 decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354911/1/WP11248-20-21-12-2020.pdf Facts: Straight from any movie ! Please read Relevant paragraphs. 7. Sri.Kethan Kumar, learned counsel or the petitioners would submit that the petitioners are but fishermen, who unfortunately due to act of nature …
Arbitral process cannot be interfered under Article 226 and 227 of the Constitution of India. Supreme Court.
Bhaven Construction vs. Executive Engineer Sardar Sarovar Narmada Nigam Ltd.&Anr. Civil Appeal 14665 of 2015 decided on 06/01/2021 Judgment Link: Relevant paragraphs: 10. Having heard both parties and perusing the material available on record, the question which needs to be answered is whether the arbitral process could be interfered under Article 226/227 of the Constitution, …
Motor Accident Cases. Supreme Court recognizes the work, labour and sacrifices of homemakers in fixation of notional income.
Kirti & Anr. Etc vs. Oriental Insurance Company Ltd. CIVIL APPEAL NOS.1920 of 2021, [Arising out of Special Leave Petition(C) Nos.1872829 of 2018] decided on 05/01/2021. Judgment Link: https://main.sci.gov.in/supremecourt/2018/16762/16762_2018_32_1501_25229_Judgement_05-Jan-2021.pdf Relevant paragraphs: 16. Returning to the question of how such notional income of a homemaker is to be calculated, there can be no fixed approach. It …
Criminal Trial. Expert handwriting opinion can be relied only when it is supported by internal and external evidence. Law on the point discussed. Karnataka High Court.
M.N. Chinnaiah and another vs State of Karnataka. Criminal Appeal 693/2010 decided on 15 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356594/1/CRLA693-10-15-12-2020.pdf Relevant paragraphs: 32. In the case of ‘Alamgir Vs. State [NCT, DELHI]’ [supra] it is held by the Hon’ble Apex Court that ‘experts opinion must always received with great caution and perhaps none so with more …
Service Law. The Constitutional Court would not interfere with the findings of the departmental enquiry except in a case of malafides or perversity. Law on the point reiterated. Supreme Court.
DEPUTY GENERAL MANAGER (APPELLATEAUTHORITY) AND OTHERS vs AJAI KUMAR SRIVASTAVA. f SLP(C) No(s). 3206732068 of 2018. Decided on 5 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2018/44259/44259_2018_39_1501_25311_Judgement_05-Jan-2021.pdf Relevant paragraphs 23. The power of judicial review in the matters of disciplinaryinquiries, exercised by the departmental/appellate authoritiesdischarged by constitutional Courts under Article 226 or Article32 or Article 136 of the …
Hindu Law. Gift by a coparcener of his undivided interest in coparcenery property is void unless the same is with consent of other coparceners. Law on the point discussed. Karnataka High Court.
C.N.Leelavathi vs M. Narayanappa and others. Regular First Appeal 1908/2005 decided on 9 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356472/1/RFA1905-05-09-12-2020.pdf Relevant paragraphs: Early law of gifts: – The early law of gifts is stated by Sanskrit writers somewhat curiously under the title “Resumption of gifts”, one of the eighteen titles of law. Narada says, “An anvahita deposit, …
Duly elected Government cannot be dragged on the edges on the basis of undefined principles which appeal to “three gentlemen or five gentlemen sitting as a Court – Supreme Court in Central Vista Project case.
Rajeev Suri vs Delhi Development Authority and others. Transferred Case (Civil) No. 229 of 2020 decided on 5 January 2020. Judgement Link: https://main.sci.gov.in/supremecourt/2020/8430/8430_2020_34_1501_25340_Judgement_05-Jan-2021.pdf Constitutionalism 168. The principle of constitutionalism has been deployed by the petitioners to justify the alteration of aforesaid standards. The ideal of constitutionalism finds place in almost every constitutional discourse involving the …
Daksha Legal 