Kashibai vs Hanamavva and others. Writ Petition 148540/2020 decided on 26 November 2020. Judgement Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351330/1/WP148540-20-26-11-2020.pdf Relevant paragraphs: 6. The petitioner has filed a suit for partition and separate possession. In the said suit the petitioner has clearly admitted that deceased Nimbavva is the wife of deceased Krishnegowda. Now, by virtue of proposed amendment, the …
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Technical objection which defeats justice should be discouraged. If infraction of procedural provision does not provide for any consequences, such a provision has to be construed as directory and not mandatory. Karnataka High Court.
Pr. Commissioner of Income Tax and another vs M/s. Wipro Limited. Income Tax Appeal 462/2017 decided on 30 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351234/1/ITA462-17-30-11-2020.pdf Relevant paragraphs: 6. The constitution bench of the Supreme Court in SARDAR AMRJIT SING KALARA VS. PRAMOD GUPTA, (2003) 3 SCC 272 has held that procedural laws have always been viewed as …
Facebook and other Tech Giants’ Anti-Trust Conducts
Nithin Basavaraj Facebook is a social networking platform launched in February 4, 2004. As of the year 2020 more than 3 billion people use Facebook and Facebook owned services and is valued at nearly 800 billion Dollars and profited more than 15 billion dollars in the year 2019. Facebook is now under the radar of …
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Indian Penal Code. Defamatory statement made in cross-examination without any deliberate intent. No case made out under Section 500. Proceedings quashed. Karnataka High Court.
Mauna vs K.G.Mahesh Murthy. Criminal Petition 101295/2017 decided on 26 November 2020. Justice H.B. Prabhakara Sastry Judgment Link: Microsoft Word – CRL.P. No.101295.2017.doc (kar.nic.in) Relevant paragraphs: It is …the case of the complainant in the trial Court that the petitioner herein in her cross- examination in the complaint filed by her under D.V. Act, made …
Election Petition. Person disqualified from contesting the elections can not maintain an election petition as “a candidate at such election”..”
Election Petition. Person disqualified from contesting the elections can not maintain an election petition as “a candidate at such election” Saritha S Nair vs Hibi Eden. Special Leave Petition (Civil) 10678/2020 decided on 9 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/4203/4203_2020_31_1501_25128_Judgement_09-Dec-2020.pdf Relevant para: CONCLUSION 62. Therefore, in fine, we hold that the petitioner was disqualified from contesting the …
Judicial review. Writ petition maintainable against Bar Association discharging public function. Case law discussed. Karnataka High Court.
Chandrakant vs Karnataka State Bar Council and others. Writ Appeal 100141/2020 decided on 30 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352210/1/WA100141-20-30-11-2020.pdf Relevant paragraph : 36. The observations of the Hon’ble Apex Court and the various High Courts in the long line of rulings narrated supra, obviates any detail discussion with regard to the maintainability of a writ …
Election Petition. A defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective.
Saritha S Nair vs Hibi Eden. Special Leave Petition (Civil) 10678/2020 decided on 9 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/4203/4203_2020_31_1501_25128_Judgement_09-Dec-2020.pdf Relevant para: 43. The upshot of the above discussion is that defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective. Compiled by …
Courts can review State action in contractual matters on the touchstone of Article 14 of the Constitution. Mandamus issued to release payment for the works executed. Karnataka High Court.
M/s. Chaitayna Geo Surveys vs State of Karnataka and Others. Writ Petition 10392/2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352115/1/WP10392-20-09-12-2020.pdf Relevant paragraphs: 8 &9. The State, when it enters into a contract, must do so fairly without discrimination, arbitrariness and unreasonableness. Any act of the State should withstand the test of judicial review under Article 14 of the Constitution. …
Writ of Mandamus. Prerequisite. The demand has to be made only to the authority which is under a legal obligation to take action. Karnataka High Court.
M.N. Murthy and others vs The State of Karnataka and others. Writ Petition 12682/2020. Decided on 2 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352114/1/WP12682-20-02-12-2020.pdf Relevant paragraphs: 2. As far as a writ of mandamus is concerned, the well settled law has been reiterated by the Apex Court in the case of Saraswati Industrial Syndicate Ltd. and others …
“Our Constitutional philosophy does not permit any form of manual scavenging” – Karnataka High Court issues interim directions, inter alia, to implement Manual Scavengers Act.
All India Council of Trade Unions vs Union of India. Writ Petition 8928/2020 and connected matters. Order dated 9 December 2020. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wp-8928-2020-cw-09122020.pdf Interim Directions Issued: Therefore, this Court deems it proper to issue the followinginterim directions: i) The State Government shall place on record thedetails about the number of First Information Reportsregistered for …
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