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“Human Liberty and the Role of Courts. The writ of liberty runs through the fabric of the Constitution. There is a a pressing need for courts across the judicial hierarchy in India to remedy the institutional problem of bail applications not being heard and disposed of with expedition” -Supreme Court

Arnab Manoranjan Goswami vs The State of Maharashtra & Ors. Criminal Appeal 742/2020 decided on 27 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/24646/24646_2020_33_1501_24858_Judgement_27-Nov-2020.pdf Relevant paragraphs: JHuman liberty and the role of Courts. Para 60. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to …

Continue reading ““Human Liberty and the Role of Courts. The writ of liberty runs through the fabric of the Constitution. There is a a pressing need for courts across the judicial hierarchy in India to remedy the institutional problem of bail applications not being heard and disposed of with expedition” -Supreme Court”

Constitution of India. Article 226. Grant of bail under the Article. Supreme Court lays down guidelines to be followed by the High Courts.

Arnab Manoranjan Goswami vs The State of Maharashtra & Ors. Criminal Appeal 742/2020 decided on 27 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/24646/24646_2020_33_1501_24858_Judgement_27-Nov-2020.pdf Relevant paragraphs: 57 While considering an application for the grant of bail under Article 226 in a suitable case, the High Court must consider the settled factors which emerge from the precedents of this Court. These …

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Indian Penal Code. Sections 107 & 306. Ingredients. “The accused must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide”. Law on the point discussed. Supreme Court.

Arnab Manoranjan Goswami vs The State of Maharashtra & Ors. Criminal Appeal 742/2020 decided on 27 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/24646/24646_2020_33_1501_24858_Judgement_27-Nov-2020.pdf Relevant paragraphs: 47 .The first segment of Section 107 defines abetment as the instigation of a person to do a particular thing. The second segment defines it with reference to engaging in a conspiracy …

Continue reading “Indian Penal Code. Sections 107 & 306. Ingredients. “The accused must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide”. Law on the point discussed. Supreme Court.”

Caste Verification Committee* has no suo motu power to cancel caste certificate unless caste verification is sought for. Karnataka High Court

The Appointing Authority and another vs Bheemappa and another Writ Appeal 100110/2020 decided on 10 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349067/1/WA100110-20-10-11-2020.pdf Relevant paragraphs: 3…. Admittedly, the appellant-Bank has not sought for verification of the caste certificate furnished to the employer in the year 1985. That being the admitted facts, the moot question is whether the Caste …

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Negotiable Instruments Act. Sections 138 & 139. “Debt or other liability” includes dues from any other person and not confined to debt or liability of the drawer himself. It even covers any other person’s debt or liability. Law on the point discussed. Karnataka High Court.

M/s. Bethal Products (India) vs Jayakumar and another. Criminal Appeal 1060/2010 decided on 19 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349771/1/CRLA1060-10-19-11-2020.pdf Relevant paragraphs: 18. (Facts) The other contention of the accused is that the subject matter of the said cheque is not issued for legally recoverable debt. reason that they have not disputed the issuance of cheque …

Continue reading “Negotiable Instruments Act. Sections 138 & 139. “Debt or other liability” includes dues from any other person and not confined to debt or liability of the drawer himself. It even covers any other person’s debt or liability. Law on the point discussed. Karnataka High Court.”

Contract Act, 1872. Forfeiture of earnest money/security money. In the absence of a forfeiture clause in the agreement, parties to contract can not forfeit the sum. Supreme Court.

Suresh Kumar Wadhwa v. State of M.P., (2017) 16 SCC 757 . Civil Appeal 7665/2009 decided on 25 October 2017. Judgment Link: https://main.sci.gov.in/supremecourt/2007/5473/5473_2007_Judgement_25-Oct-2017.pdf Relevant paragraphs: 20 &21. Three questions, basically, arise in this appeal. (1) Whether the appellant-plaintiff committed any breach of the terms and conditions of the public auction. (2) Whether the State was …

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Preventive detention. Order of detention can be passed even if detenue is in custody. Law on the point discussed. Karnataka High Court.

Gayatri vs The Police Commissioner and others. Writ Petition Habeus Corpus 53/2020 decided on 18 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349000/1/WPHC53-20-18-11-2020.pdf Relevant paragraphs: 2. Learned counsel for the petitioner submitted that grounds referred to in the order of detention are factually incorrect and the order of detention was passed when the detenue was already in judicial …

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Indo-Tibetan Border Police Force. Notification for the non-combat post of Deputy Judge/Attorney General (Deputy Commandant) fixing minimum weight. Rejection on the ground of overweight is arbitrary. Extreme fitness of a soldier cannot be demanded for the post. Karnataka High Court.

The Union of India and another vs Sudheer Hareesh Belagali. Writ Appeal 100396/2015 decided on 10 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348391/1/WA100396-15-10-11-2020.pdf Relevant paragraphs: 6 & 7. Admittedly, the respondent applied for the post of Deputy Judge/Attorney General (Deputy Commandant). It is a post that involves only office work and it does not demand any extreme …

Continue reading “Indo-Tibetan Border Police Force. Notification for the non-combat post of Deputy Judge/Attorney General (Deputy Commandant) fixing minimum weight. Rejection on the ground of overweight is arbitrary. Extreme fitness of a soldier cannot be demanded for the post. Karnataka High Court.”

Trial Courts in Karnataka examine 4523 witnesses and dispose 1790 cases via video conferencing in 27 days.

S. Basavaraj, Advocate, Daksha Legal. Gearing up to meet the challenges posed by Covid-19 pandemic, the trial courts in Karnataka have successfully adopted technology to examine witnesses and dispose cases, both civil and criminal. The “Statement showing the District-wise information regarding Filing, No. of Witnesses examined and Disposal of cases in District Judiciary of Karnataka …

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Narcotic Drugs and Psychotropic Substances Act, 1985. Mixture of drug with neutral substance. To decide ‘commercial quantity’ of drug seized, even neutral substance has to be taken into consideration. Law on the point discussed. Karnataka High Court.

Rigesh Ravindran vs Union of India Criminal Petition 5009/2020 decided on 24 November 2020. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349587/1/CRLP5009-20-24-11-2020.pdf Relevant paragraphs: 9. The first contention is that the MDMA which has been seized from the possession of the accused after excluding neutral substance is not a commercial quantity. 10. It is the specific contention of the respondent …

Continue reading “Narcotic Drugs and Psychotropic Substances Act, 1985. Mixture of drug with neutral substance. To decide ‘commercial quantity’ of drug seized, even neutral substance has to be taken into consideration. Law on the point discussed. Karnataka High Court.”