Criminal Procedure Code. Section 438 Chandru vs State of Karnataka. Criminal Petition 6734/2020 decided on 4 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351161/1/CRLP6734-20-04-12-2020.pdf Relevant paragraphs: 4. Admittedly, at the initial stage, this petitioner was granted bail in the present case subject to conditions. It is also admitted that the petitioner has not appeared before the trial Court …
Author Archives: rajdakshalegal
Karnataka High Court directs State Election Commission to hold elections for 198 Wards of BBMP at the earliest. Govt directed to notify reservations.
M Shivaraju and another vs The State of Karnataka and another. Writ Petition 10216 OF 2020 (LB-BMP) PIL C/W Writ Petition 11077 OF 2020 (LB-BMP) PIL and Writ Petition 1892 OF 2020 (LB-BMP) PIL decided on 4 December 2020. Judgment Link https://karnatakajudiciary.kar.nic.in/noticeBoard/WP-10216-of-2020-%20BBMP-Elections.pdf ORDER (i) We direct the State Government to publish the finalnotification of reservations …
“Success Story of 2020”. Karnataka State Legal Services Authority gears up for the second Mega E-Lok Adalat on 19 December 2020.
Eight seventy five benches, taken up cases 2,31,365, disposed cases 1,15,938, settlement amount Rs. 357,71,94,758 – all this in a single day via video conferencing. This is the success story of Mega Lok Adalat held on 19 September 2020. The Legal Services Authorities Act, 1987, is aimed to provide free and competent Legal Services to …
Valuation of Suit. Suit for specific performance. Only value of the property shown in the agreement has to be considered for the purpose of jurisdiction. Other items like cost of issuance of legal notice can not be included so as to artificially inflate the valuation. Karnataka High Court.
Husensab vs Basayya and another. Civil Revision Petition 100033/2019 decided on 30 September 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/342240/1/CRP100033-19-30-09-2020.pdf Relevant paragraphs: 5. On the basis of the submissions made by Sri.Mrutyunjay Tata Bangi, learned counsel for the petitioner, the questions which would arise for determination are: (1) Whether the Plaintiff is free to value the Suit in …
Karnataka Court Fees and Suits Valuation Act, 1958. Suit for cancellation of sale deed in respect of agricultural land. Valuation is based on the land revenue and not on the amount shown in the sale deed. Karnataka High Court.
Abhijeet vs Ramachandra and another. 100125/2018 decided on 28 August 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/339894/1/CRP100125-18-28-08-2020.pdf Relevant paragraphs: 8. The learned counsel for the petitioner next contends that because the challenge is not just to the sale deed but also to the power of attorney executed by the first respondent, it would tantamount seeking cancellation of the …
MMDR Act. Offences causing serious ecological imbalance must be met with stringent actions. Mere compounding not enough. Supreme Court.
Jayant Etc. vs The State of Madhya Pradesh. Criminal Appeal 824-825/2020 decided on 3 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/12111/12111_2020_34_1502_24918_Judgement_03-Dec-2020.pdf Relevant Paragraphs: 11. Now so far as the submission on behalf of the private appellants violators that in view of the fact that violators were penalty determined by the appropriate authority forcompounding the offences/violations, there cannot …
NDPS Act, 1985. Detention of accused beyond 180 days must satisfy two conditions – reporting progress of investigation and specific reason for detention beyond 180 days. Mere application for extension of time is not enough. Karnataka High Court.
Magoola John vs State of Karnataka. Criminal Petition 5935/2020 decided on 26 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/350690/1/CRLP5935-20-26-11-2020.pdf Relevant paragraphs: 11.Be that as it may. Even as could be seen from Section 36(A)(4) proviso indicates that if any person has been charged for the offence under the said Act for the purpose of filing of the …
Motor Vehicle Act. Insurance policy commences from the time of making payment and not from issuance of policy. In the absence of contract fixing time, policy commences from 00.00 hours midnight (next day). Karnataka High Court.
Sudharshan vs Subash and another. Miscellaneous First Appeal 31894/2012 decided on 2 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/350758/1/MFA31894-12-02-12-2020.pdf Relevant Paragraphs: 25. Therefore, as per Section 64VB of the Act above stated, the provision is very clear that soon after the receipt of the payment of premium by the owner and received by the Insurance Company then …
A take on the (un)constitutionality of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020.
Ajay Nandalike, Advocate, Bengaluru Much ado about conversion for marriage – a take on the (un)constitutionality of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 There has been some debate on the promulgation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 (‘UP Ordinance’) calling it the Love Jihad …
Service Law. Employee of a Gram Panchayat cannot be removed on acts of misconduct without enquiry though he is not a civil servant under Article 311 of the Constitution of India. Panchayat, a ‘State’ under Article 12, cannot act arbitrarily. Karnataka High Court.
S.K. Shankarappa vs The Panchayath Development Officer and another. Writ Petition 48068/2018 decided on 21 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/350766/1/WP48068-18-21-10-2020.pdf Relevant paragraphs: 8…“Whether a permanent employee of the Panchayat can be removed on acts of misconduct without holding a departmental enquiry?” 12 & 13. Sections 113 (3) of the Karnataka Gram Swaraj and Panchayat Raj …
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