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 …
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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 …
Justice Budhihal appointed as acting Chairman, Karnataka Administrative Tribunal.
Justice Budhihal R.B. is appointed as Chairman, Karnataka Administrative Tribunal. Justice Budihal R.B: Born on 1-10-1956. Enrolled as an Advocate on 07-09-1983 and Practiced on Civil and Criminal side at Bagalkot and Bijapur. Appointed as District and Sessions Judge during May, 1996. Served as an Additional District and Sessions Judge at Bangalore and Gulbarga and as …
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Transfer of Property Act. Acceptance of gift can be proved & inferred by implied conduct of the donee and the revenue entries.
Daulat Singh by lrs. vs The State of Rajastan and others. Civil Appeal 5650/2010 decided on 8 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2009/20316/20316_2009_32_1501_25002_Judgement_08-Dec-2020.pdf Relevant paras. 24. At the outset, it ought to be noted that Section 122 of the Transfer of Property Act, 1882 neither defines acceptance, nor does it prescribe any particular mode for accepting …
Negotiable Instruments Act. Section 143A is applicable only to offences committed after its insertion. Section is not retrospective. Karnataka High Court.
Sarojamma vs R.Venkataramanaswamy. Criminal Petition 4338/2020 decided on 7 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351592/1/CRLP4338-20-07-12-2020.pdf Relevant Paragraphs: 6. The only question which arises for consideration of this Court in this petition is: “Whether the insertion of Section 143A of the N.I. Act is having a prospective effect or can also be given retrospective effect?” 7. It …
Law of mortgages with special reference to Banking Law
Mr. S.P. Shankar, Senior Advocate, Bangalore PDF File Law of mortgages with special reference to Banking LawBanking institutions, in India, are primarily supporting every commercialtransaction in aid of development of commercial enterprise. Howsoever wellpossessed a man is, he would not convert his assets into liquid cash, forpurposes of investment in trade/commerce. He necessarily starts suchenterprises …
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Anticipatory bail does not takeaway power of investigating officer to fully investigate. It prevents ignominy, humiliation and disgrace attached to the arrest. Karnataka High Court
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351465/1/CRLP101414-20-30-11-2020.pdf Relevant paragraphs: 9.…The petitioner has a reasonable apprehension of his arrest by the respondent-police. The petitioner is presently working as Police Inspector in the Police Commissionerate, Hubballi-Dharwad. There are no previous complaints or remarks against him. Petitioner has undertaken to abide by the conditions which may be imposed by this Court. As …
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