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 …
Author Archives: rajdakshalegal
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 …
‘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 …
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 …
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 …
‘Vasudhaiva Kutumbakam’ – ‘The world is a family’. Minor children of Indian citizens born overseas must have the same status, rights an duties as minor Indian citizens. Karnataka High Court.
The High Court of Karnataka, (Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda), while quashing Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission & Determination of Fee) Act, 2006, as amended by Karnataka Act No.22 of 2017, to the extent it includes the ‘Overseas Citizens of India’ or ‘Overseas Citizens of India …
Education. Admission to Government seats in professional colleges. ‘Persons of Indian Origin’ and ‘Overseas Citizen of India’ cannot be treated as ‘Non-resident Indian’. -Karnataka High Court
Pranav Bajpe and others vs The State of Karnataka and others. Writ Petition 27761/2019 and connected matters decided on 9 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352798/1/WP27761-19-09-12-2020.pdf Relevant paragraphs: Challenge is to Rule 5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 made under The Karnataka Educational Institutions …
Karnataka High Court upholds validity of Section 8(4) of the Prevention of Money Laundering Act, 2002.
Dyani Antony Paul and others vs Union of India and another. Writ Petition 38642/2016 and connected matters decided on 11 December 2020. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352800/1/WP38642-16-11-12-2020.pdf 8(4) Where the provisional order of attachment made under sub-section (1) of Section 5 has been confirmed under sub-section (3), the Director or any other officer authorised by him in …
Negotiable Instruments Act. Cheque issued to managing partner of partnership firm. Complaint filed in the name of partnership firm not maintainable. Firm is neither ‘payee’ nor ‘holder in due course’. Karnataka High Court.
Srinidhi Finance and Investment Corporation vs Basavanthappa. Criminal Appeal 2828/2011 decided on 23 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352719/1/CRLA2828-11-23-11-2020.pdf Relevant paragraphs: 21 & 22 In the present case, cheque has been issued by the accused in the name of Siddalingappa Tippanna Satyappanavar, who is ‘payee’. Holder in due course of the cheque is none other than …
NDPS Act. Prosecution’s complaint failing to connect accused with seized material. Valid ground to grant bail to the accused. Karnataka High Court.
Irfan Ali vs The State of Karnataka. Criminal Petition 101431/2020 decided on 8 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352702/1/CRLP101431-20-08-12-2020.pdf Relevant paragraphs: 6. The learned counsel for petitioner has relied on a decision of this Court rendered in Criminal Petition No.1142/1991, in the case of Shankar Krishnasa Habib and Another Vs. State of Karnataka, decided on 16.09.1991. …
Daksha Legal 