Author Archives: rajdakshalegal

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

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 …

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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 …

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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 …

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Negotiable Instruments Act. Time barred debt cannot be revived by mere issuance of a cheque. Issuance of cheque in such cases is not an acknowledgment of debt. Karnataka High Court.

The Bidar Urban Co-operative Bank Ltd. vs Giris. Criminal Appeal 200057/2016 decided on 17 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/355418/1/CRLA200057-16-17-12-2020.pdf Relevant paragraphs: 29. The contention of learned counsel for complainant that, there is no bar under law to repay the time barred debt and it is not open to the drawer of the cheque to contend …

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A note on Mareva Injunction

Sumana Chamarty, Advocate, Daksha Legal, Bengaluru While a creditor is looking for judgment in one jurisdiction he may want to safeguard the debtor’s assets located in a different jurisdiction so that at the end of the process he is able to enforce his judgment. To this end, he may want to obtain a Mareva injunction, …

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Motor Vehicles Act. Under ‘Act Policy or Statutory Policy’, occupants of the vehicle cannot be considered as third parties. Insurance company is liable for the occupants only if the policy is comprehensive. Karnataka High Court.

Divisional Manager vs Shamaraya and others. Miscellaneous First Appeal 31781/2010 and connected appeals decided on 22 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354715/1/MFA31781-10-22-12-2020.pdf Relevant paragraphs: 20…under the ‘Act Policy/Statutory Policy/liability only policy’, the occupants of the car/jeep or pillion rider on motorcycle the risk is not covered as they are not to be categorized as third parties. …

Continue reading “Motor Vehicles Act. Under ‘Act Policy or Statutory Policy’, occupants of the vehicle cannot be considered as third parties. Insurance company is liable for the occupants only if the policy is comprehensive. Karnataka High Court.”

Driver of heavy motor vehicle dying of heart attack at the end of day’s work. It is an ‘accident’ and a ‘personal injury’ ‘arising out of and during the course of employment’. Karnataka High Court.

The Divisional Controller NEKRTC vs Kiran and others. Miscellaneous First Appeal 201567/2017 decided on 23 December 2020. Justice Sunil S. Dutt Yadav and Justice P.N. Desai. Judgment Link. http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354716/1/MFA201567-17-23-12-2020.pdf Relevant paragraphs: 15. Insofar as the second contention of the appellant that the death due to heart attack cannot be construed to be an accident “arising …

Continue reading “Driver of heavy motor vehicle dying of heart attack at the end of day’s work. It is an ‘accident’ and a ‘personal injury’ ‘arising out of and during the course of employment’. Karnataka High Court.”