Author Archives: rajdakshalegal

Appeals under the Commercial Courts Act – a tale of an undelivered promise.

Ajay J Nandalike, Advocate, Bengaluru The Commercial Courts Act, 2015 (‘the Act’) was promulgated with an intention to provide for speedy disposal of high value commercial disputes involving complex facts and questions of law and to create a positive image to investors about the independence and responsiveness of the Indian legal system[1]. The Act provided …

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ಮರಾಠ ಅಭಿವೃದ್ದಿ ಪ್ರಾದಿಕಾರ ಮತ್ತು ಇತರೆ ಜಾತಿ ಆಧಾರಿತ ಪ್ರಾದಿಕಾರಗಳ ವಿರುದ್ಧ ಹೈಕೋರ್ಟನಲ್ಲಿ ರಿಟ್ ಅರ್ಜಿ

Public Interest Litigation by S.Basavaraj, Advocate and Member, Karnataka State Bar Council challenges establishment of caste based Corporations and bodies. The bodies whose establishment are challenged are. 1. Karnataka Maratha Development Authority, c/o Backward Classes Welfare department, VidhanaSoudha, Dr. Ambedkar Road, Bangalore 560001       2. KARNATAKA ARYAVYSYA COMMUNITY DEVELOPMENT CORPORATION, 21st floor, V.V.Towers, Dr.B.R.Ambedkar Road, Vasanth …

Continue reading “ಮರಾಠ ಅಭಿವೃದ್ದಿ ಪ್ರಾದಿಕಾರ ಮತ್ತು ಇತರೆ ಜಾತಿ ಆಧಾರಿತ ಪ್ರಾದಿಕಾರಗಳ ವಿರುದ್ಧ ಹೈಕೋರ್ಟನಲ್ಲಿ ರಿಟ್ ಅರ್ಜಿ”

PIL challenges Maratha Development Board and other caste based bodies established by Government of Karnataka.

Public Interest Litigation by S.Basavaraj, Advocate and Member, Karnataka State Bar Council challenges establishment of caste based Corporations and bodies. The bodies whose establishment are challenged are. 1. Karnataka Maratha Development Authority, c/o Backward Classes Welfare department, VidhanaSoudha, Dr. Ambedkar Road, Bangalore 560001       2. KARNATAKA ARYAVYSYA COMMUNITY DEVELOPMENT CORPORATION, 21st floor, V.V.Towers, Dr.B.R.Ambedkar Road, Vasanth …

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Arbitration. Court cannot act upon an arbitration clause if the document is not properly stamped till deficit and penalty is paid.

Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram v. Bhaskar Raju & Bros., (2020) 4 SCC 612. Judgment Link: https://main.sci.gov.in/supremecourt/2018/12561/12561_2018_Judgement_10-Apr-2019.pdf Paragraph 16. Admittedly, both the lease deeds are neither registered nor sufficiently stamped as required under the Karnataka Stamp Act, 1957. Admittedly, the Registrar (Judicial) of the High Court of Karnataka had submitted a report to …

Continue reading “Arbitration. Court cannot act upon an arbitration clause if the document is not properly stamped till deficit and penalty is paid.”

Arbitration agreement does not require registration under the Registration Act. It is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument.

Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engg. Ltd., (2019) 9 SCC 209 Judgment Link https://main.sci.gov.in/supremecourt/2018/12561/12561_2018_Judgement_10-Apr-2019.pdf Paragraph 15. In SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66, this Court was confronted with an arbitration clause, namely, Clause 35 of a lease deed dated 21-12-2006 for a …

Continue reading “Arbitration agreement does not require registration under the Registration Act. It is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument.”

‘Bar and the Bench being two inseparable wheels of the same chariot, have to move shoulder by shoulder, each being complementary and supportive to the other.’ Karnataka High Court.

Dr. Jaya Balasundaram and others vs Sahasra Gastroenterology and Obesity Clinic Pvt Ltd. Writ Petition 14226/2020 decided on 8 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352896/1/WP14226-20-08-12-2020.pdf Relevant paragraphs: Facts: Whilst Execution Case is being processed, some initial steps having been taken for levying enforcement of the award in question, learned Judge has employed some arguably intemperate  language  …

Continue reading “‘Bar and the Bench being two inseparable wheels of the same chariot, have to move shoulder by shoulder, each being complementary and supportive to the other.’ Karnataka High Court.”

Judges should not be sensitive in the conduct of court proceedings. Karnataka High Court expunges adverse remarks against Advocate by trial court.

Dr. Jaya Balasundaram and others vs Sahasra Gastroenterology and Obesity Clinic Pvt Ltd. Writ Petition 14226/2020 decided on 8 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352896/1/WP14226-20-08-12-2020.pdf Relevant paragraphs: Facts: Whilst Execution Case is being processed, some initial steps having been taken for levying enforcement of the award in question, learned Judge has employed some arguably intemperate  language  …

Continue reading “Judges should not be sensitive in the conduct of court proceedings. Karnataka High Court expunges adverse remarks against Advocate by trial court.”

Compassionate appointment. Rule that brooks discrimination on the basis of gender is not to remain in the statute book. Karnataka High Court strikes down Rule that excluded married daughter.

Bhuvaneshwari V Puranik vs The State of Karnataka and others. Writ Petition 17788/2018 decided on 15 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352927/1/WP17788-18-15-12-2020.pdf Relevant paragraphs: “Half the world; and not even half the chance” is the cry of the petitioner in this petition on being denied consideration for appointment on compassionate ground on the death of her …

Continue reading “Compassionate appointment. Rule that brooks discrimination on the basis of gender is not to remain in the statute book. Karnataka High Court strikes down Rule that excluded married daughter.”