rajdakshalegal

Failure to execute sale deed to land looser. Karnataka High Court terms conduct of KIADB as abuse of power, lack of good conscience and gross discrimination. Imposes cost of Rs. 1,00,000/-.

M/s. ACV Aero Industries vs The State of Karnataka and others. Writ Petition 15121/2018 decided on 15 December 2020. Judgment Link:http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356413/1/WP15121-18-15-12-2020.pdf Judgment in PDF.

Adverse Possession and Lis Pendens. Latest Judgment of the Karnataka High Court. Principles summarised.

R. Anthony Joseph and others vs Francis Billomane. Regular First Appeal 965/2013 decided on 23 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356346/1/RFA965-13-23-12-2020.pdf Relevant Paragraphs 41. It is well settled that, if any person claims adverse possession against another person in respect of the property in question, unless the ownership of that person is admitted, filing of suit …

Continue reading “Adverse Possession and Lis Pendens. Latest Judgment of the Karnataka High Court. Principles summarised.”

Hindu Succession Act. Section 6. From State Amendments to Vineeta Sharma Decision.

S.Basavaraj, Advocate, Daksha Legal, Bangalore The recent judgment of the Supreme Court in Vineeta Sharma vs Rakesh Sharma decided on 11 August, 2020, has cleared many confusions and doubts. Importantly, many pending disputes have been resolved in the Mega Lok-Adalat conducted by the Karnataka State Legal Services Authority on the basis of this judgment. This …

Continue reading “Hindu Succession Act. Section 6. From State Amendments to Vineeta Sharma Decision.”

“The conduct of the trial shocks our judicial conscience.” Karnataka High Court orders retrial of mentally unstable accused.

Mounesh vs The State of Karnataka. Criminal Appeal 200117/2017 decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/355911/1/CRLA200117-17-21-12-2020.pdf Relevant paragraphs: 22. After thorough perusal of the records, certain doubts arose in the mind of this Court, more particularly, in the light of the fact that the last session of treatment undergone by the under trial/accused, was …

Continue reading ““The conduct of the trial shocks our judicial conscience.” Karnataka High Court orders retrial of mentally unstable accused.”

Transfer of Property Act. A conditional gift becomes complete only on compliance of the conditions in the deed.

S. Sarojini Amma vs Velayudhan Pillai Sreekumar, Civil Appeal 10785 of 2018. Decided on 26 October 2018. Judgment Link: https://main.sci.gov.in/supremecourt/2017/37674/37674_2017_Judgement_26-Oct-2018.pdf?fbclid=IwAR0I-qAA4QYAA7yzrFRl0JA4qmBuov9m6k7Yq2W4YUjOYSVPzBpQLyw7Mz4 Held: 18. We are in agreement with the decision of this Court in Reninkuntla Rajamma (supra) that there is no provision in law that ownership in property cannot be gifted without transfer of possession of …

Continue reading “Transfer of Property Act. A conditional gift becomes complete only on compliance of the conditions in the deed.”

Transfer of Property Act. Property can be gifted even without transfer of possession of such property.

Continue reading “Transfer of Property Act. Property can be gifted even without transfer of possession of such property.”

Minimum experience as Advocate to become Civil Judge. Need for review of All India Judges Association case

S. Basavaraj, Member, Karnataka State Bar Council. The recent challenge before the Supreme Court in Writ Petition 1479/2020 questions the Notification of the Andra Pradesh Public Service Commission dated 3:12:2020. The Notification invites applications for appointment of Civil Judges Junior Division in the AP State Judicial Service for Advocates having a minimum eligibility requirement of …

Continue reading “Minimum experience as Advocate to become Civil Judge. Need for review of All India Judges Association case”

A new defence in cases of dishonour of cheque

-Ajay Nandalike, Advocate, Bengaluru PDF Copy of the Article

Hindu Succession Act. Section 14. Mere possession of property by woman or revenue entries in her name does not make her absolute owner. Section 14 applies only where female acquires possession of property under some vestige or claim or title under any devise or mode on and not as trespasser.

Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70. Judgment Link: https://main.sci.gov.in/supremecourt/2004/25808/25808_2004_Judgement_04-Apr-2019.pdf Para 16. The submission of the learned counsel for the appellant that the appellant being in possession of the subject property in question at the time when the 1956 Act came into force and by virtue of Section 14(1) of the Act became …

Continue reading “Hindu Succession Act. Section 14. Mere possession of property by woman or revenue entries in her name does not make her absolute owner. Section 14 applies only where female acquires possession of property under some vestige or claim or title under any devise or mode on and not as trespasser.”

Back to Golaknath – Cosmic journey of Basic Structure doctrine.

S. Basavaraj, Advocate, Daksha Legal, Bengaluru. The Karnataka High Court is considering the constitutional validity of Sections 79A and 79B of the Karnataka Land Reforms Act. Validity of 34th Amendment to the Constitution of India by which Karnataka Act 1 of 1974 was included in the IX Schedule is directly under attack on the touchstone …

Continue reading “Back to Golaknath – Cosmic journey of Basic Structure doctrine.”