Author Archives: rajdakshalegal

Law of precedent. Observations made by the court must be read in context in which they appear to have been stated. The judgments of the courts are not to be construed as statutes. Karnataka High Court.

M/s. Kluber Lubrication (India) Pvt Ltd vs Additional Commissioner of Commercial Taxes. TAET 10/2014. Decided on 16 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354692/1/TAET10-14-16-12-2020.pdf Relevant paragraphs. 20. The following words of Lord Denning in the matter of applying the law of precedent have become locus classicus. “Each case depends on its own facts and a close similarity between …

Continue reading “Law of precedent. Observations made by the court must be read in context in which they appear to have been stated. The judgments of the courts are not to be construed as statutes. Karnataka High Court.”

Tax laws. Interpretation. There is no equity about tax. No presumption as to tax. Nothing to be read in, nothing to be implied except the actual language used. Karnataka High Court.

M/s. Kluber Lubrication (India) Pvt Ltd vs Additional Commissioner of Commercial Taxes. TAET 10/2014. Decided on 16 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354692/1/TAET10-14-16-12-2020.pdf Relevant paragraphs. 18. In the backdrop of aforesaid relevant statutory provisions referred to supra, we may advert to well settled principles of construction of taxing statutes. It is well established rule of interpretation …

Continue reading “Tax laws. Interpretation. There is no equity about tax. No presumption as to tax. Nothing to be read in, nothing to be implied except the actual language used. Karnataka High Court.”

Human rights vs Police apathy. Karnataka High Court disciplines erring Police in unique way.

Tarabai vs The State of Karnataka and others. Writ Petition Habeas Corpus No. 200012/2020 decided on 17 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354098/1/WPHC200012-20-17-12-2020.pdf Text of Judgment. The petitioner Tarabai is present along with her son Suresh. This Habeas Corpus writ petition was filed on account of her son Suresh going missing on 20.10.2020. Subsequently, he was …

Continue reading “Human rights vs Police apathy. Karnataka High Court disciplines erring Police in unique way.”

‘Unlawful assembly’ as an offence under IPC, was a colonel weapon of oppression invented during the British rule to suppress freedom movement and still remains in the statute book. Landmark judgment of the Karnataka High Court.

Santu @ Santosh Poojary vs State of Karnataka. Criminal Appeal 880/2015 and connected appeals decided on 15 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354638/1/CRLA880-15-15-12-2020.pdf Relevant paragraphs: 41. By a careful reading of the provisions of Section 149 of IPC, it clearly depicts that every member of unlawful assembly guilty of offence committed in prosecution of common object …

Continue reading “‘Unlawful assembly’ as an offence under IPC, was a colonel weapon of oppression invented during the British rule to suppress freedom movement and still remains in the statute book. Landmark judgment of the Karnataka High Court.”

Cr.P.C. Appeal by victim under Section 372 will not abate if victim dies during the appeal proceedings. Karnataka High Court.

K.A.Shivappa Gowda vs B.L.Jayesha and others. Criminal Appeal 45/2015 decided on 30 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354477/1/CRLA45-15-30-11-2020.pdf Relevant paragraphs: 17. It is not in dispute that the present appeal came to be filed by the appellant under the  proviso to Section  372 of the Cr.P.C. The proviso to Section 372 of the Cr.P.C. came into …

Continue reading “Cr.P.C. Appeal by victim under Section 372 will not abate if victim dies during the appeal proceedings. Karnataka High Court.”

Negotiable Instruments Act. Section 138. Even a blank cheque leaf, voluntarily signed and handed over by the accused, towards some payment would attract the Section unless contrary is proved. Supreme Court.

Bir Singh v. Mukesh Kumar (2019) 4 SCC 197 : (2019) 2 SCC (Cri) 40 : (2019) 2 SCC (Civ) 309 HELD. Para 36. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the …

Continue reading “Negotiable Instruments Act. Section 138. Even a blank cheque leaf, voluntarily signed and handed over by the accused, towards some payment would attract the Section unless contrary is proved. Supreme Court.”

Cr.P.C. Section 125. Factors like unemployment or meager income can’t be an excuse for a father who is under a personal obligation to maintain his minor child.

Sunil vs Nimish. Revision Petition Family Court No. 197/2014 decided on 17 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354033/1/RPFC197-14-17-11-2020.pdf Relevant paragraphs: Learned Judge found that petitioner’s mother has established that respondent has willfully neglected and refused to maintain his child. This is an interesting case to address the question whether a father can shirk his responsibility from …

Continue reading “Cr.P.C. Section 125. Factors like unemployment or meager income can’t be an excuse for a father who is under a personal obligation to maintain his minor child.”

Maintenance. Son’s personal obligation to maintain his aged parents is not dependent on his possession of property but arises out of the mere relationship. Karnataka High Court.

K.Jayaprakash vs N. Kuppaswamy and another. Revision Petition Family Court No. 140/2016 decided on 17 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354034/1/RPFC140-16-17-11-2020.pdf Relevant paragraphs: The real question to be answered is whether a son can contend that he is under no obligation to maintain his aged parents? This Court may venture to say that this is an …

Continue reading “Maintenance. Son’s personal obligation to maintain his aged parents is not dependent on his possession of property but arises out of the mere relationship. Karnataka High Court.”

A man must overcome all hurdles in order to maintain his family. Time to develop multi-tasking skills to earn during pandemic. Karnataka High Court

ti Mervin Felix Caleb vs Nisha and another. Revision Petition Family Court No. 205/2020 decided on 20 November 2020. Judgement Link:http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354032/1/RPFC205-16-20-11-2020.pdf Relevant portion. In the last resort, learned counsel argued that at present, respondent is unemployed due to Covid-19 Pandemic. Therefore, counsel submitted that respondent is not in a position to pay maintenance to petitioner …

Continue reading “A man must overcome all hurdles in order to maintain his family. Time to develop multi-tasking skills to earn during pandemic. Karnataka High Court”