Author Archives: rajdakshalegal

Constitution of India. Articles 341 and 342. Entries in Presidential Order. Courts have no power to deal with question as to whether a particular caste or sub-caste or group of tribe is included in entries. Supreme Court.

The State of Maharashtra and another vs Keshao Vishwanath Sonone and another. Civil Appeal No. 4096 of 2020 decided on 18 December 2020. Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice M.R. Shah. Judgment Link: https://main.sci.gov.in/supremecourt/2020/15277/15277_2020_37_1501_25112_Judgement_18-Dec-2020.pdf Question: Whether the High Court in the writ petition giving rise to these appeals could have entertained the …

Continue reading “Constitution of India. Articles 341 and 342. Entries in Presidential Order. Courts have no power to deal with question as to whether a particular caste or sub-caste or group of tribe is included in entries. Supreme Court.”

Purchase of property by father in the name of minor with reconveyance clause. Minor is bound by such clause. Supreme Court.

Nivarti Govind Ingale v. Revanagouda Bhimanagouda Patil, (1997) 1 SCC 475 Full Judgment: IN THE SUPREME COURT OF INDIA Justice K. Ramaswamy and Justice G.B. Pattanaik Nivarti Govind Ingale v. Revanagouda Bhimanagouda Patil, 1. Delay condoned. 2. Substitution and impleadment allowed. 3. Leave granted. 4. We have heard learned counsel on both sides. 5. This …

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Land acquisition. 2013 Act. Lapse under Section 24 is only when acquisition was under 1894 Act. Section does not apply to acquisitions under State enactments. Karnataka High Court.

L.Ramareddy vs The State of Karnataka and others. Writ Appeal 1415/2018 decided on 1 December 2020. Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wa-1415-2018-LA-BDA-01122020.pdf Relevant paragraphs: 18. The object and purpose of the LA Act, 1894, is for acquisition of the land for public purposes and for companies. The expression public purpose …

Continue reading “Land acquisition. 2013 Act. Lapse under Section 24 is only when acquisition was under 1894 Act. Section does not apply to acquisitions under State enactments. Karnataka High Court.”

Karnataka Housing Board Act. Sanction of scheme by the State Government is mandatory before the Board takes up housing, land development or labour development schemes. Karnataka High Court.

The Karnataka Housing Board and another vs The State of Karnataka and others. Writ Appeal 5712/2012 decided on 1 December 2020. Justice B.V. Nagaratha and Justice N.S. Sanjay Gowda. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wa-5712-2012-LA-KHB-01122020.pdf Relevant paragraphs: 20. Before proceeding to answer the points for consideration, the pertinent point that would arise for consideration in this appeal is, …

Continue reading “Karnataka Housing Board Act. Sanction of scheme by the State Government is mandatory before the Board takes up housing, land development or labour development schemes. Karnataka High Court.”

Service Law. Direct recruitment. Seniority list is based on merit rank and not the date of joining. Case law discussed. Karnataka High Court.

Dr. Sunilkumar Biradar vs The State of Karnataka and others. Writ Appeal 100040/2016 decided on 7 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/353107/1/WA100040-16-07-12-2020.pdf Cases referred – W.A.No.245/2006 (S-PRO), disposed of on 31st July 2006, P. Srinivas Vs. M. Radhakrishna Murthy and others reported in (2004) 2 SCC 459, Suresh Chandra Jha vs. State of Bihar and others …

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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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