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 …
Author Archives: rajdakshalegal
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, …
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. …
Daughters as Coparcners: Unresolved issues. (Article courtesy, Madras Law Journal).
Ms. Aparna and Ms. Nayana Tara, Advocates, Bengaluru Article in PDF form enclosed.
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 …
Rapped by the Karnataka High Court, Police Department takes corrective steps regarding compulsory registration of FIRs.
Details of the case are given below. Stung by the observations made by the Karnataka High Court, the Commissioner of Police, Central Division has issued instructions to all its divisions to take corrective steps immediately. The Memorandum dated 24 December 2020 takes serious exception to the practice of the Station House Officers to send back …
Anti-Suit Injunction. Case laws on the point.
Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd., (2003) 4 SCC 341 – Paragraph 10. The courts in India like the courts in England are courts of both law and equity. The principles governing grant of injunction — an equitable relief — by a court will also govern grant of anti-suit injunction which is but …
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‘Slayer Rule’. A murderer cannot inherit property of the victim even where the provisions of Hindu Succession Act do not apply. Karnataka High Court.
Swami Shradanand vs Gauhar Taj Namazie and others. Regular First Appeal 148/2003 decided on 17 March 2017. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/159003/1/RFA1487-03-17-03-2017.pdf?fbclid=IwAR3knwf8n83KNvLscdUhmuOdw10E1NsSSKeYhmGrk1ZRtxSznCy7tY4AU6M Relevant paragraphs: 11.Having regard to the aforesaid rival contentions, the prime question for consideration in the application is, “Whether the appellant has incurred disqualification to represent the estate of deceased Shakereh Khaleeli on account of …
Specific Performance. In case of immovable property, time is not the essence of the contract. However, Court can infer essence of time in certain cases. Supreme Court
Chand Rani v. Kamal Rani, (1993) 1 SCC 519. (Constitution Bench) Paragraph 19. It is a well-accepted principle that in the case of sale of immovable property, time is never regarded as the essence of the contract. In fact, there is a presumption against time being the essence of the contract. This principle is not …
Marriages registered under the Registration of Hindu Marriages Act 1955 even after coming into force of the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 are valid. No implied repeal of 1955 Act. Karnataka High Court.
Sadananda Naik vs State of Katnataka. Criminal Revision Petition 567/2011 decided on 11 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354623/1/CRLRP567-11-11-12-2020.pdf Facts. Wife filed criminal case under Section 498A of the Indian Penal Code, 1860. Accused denied marriage itself. Argument in High Court was that the alleged marriage was registered under the Registration of Hindu Marriages Act 1955 …
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