The Karnataka High Court has issued a notification regarding webhosting of Court-hall-wise Video Conferencing Links with passcodes from 23 November 2020. This is subject to caution. The notice in this regard reads as follows: The Links are shared on the Official website of the High Court and the same can be accessed by clicking the …
Author Archives: rajdakshalegal
“Rule against clog on redemption” “Once a mortgage is always a mortgage” – explained with judgments.
-S. Basavaraj, Advocate, Daksha Legal. Section 60 of the Transfer of Property Act, 1882, (extracted below) confers the right of redemption on the mortgagor. This is a statutory right. The right of redemption is an incident of a subsisting mortgage and it subsists so long as the mortgage subsists. English law on this aspect is …
Civil Procedure Code. Mere marking of an inadmissible document does not establish its proof. Marking is a ministerial act & admitting it in evidence is judicial. Law on the point discussed. Karnataka High Court.
Ismailbee vs Mehtab Saheb. Regular Second Appeal 868/2007 decided on 22 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349005/1/RSA868-07-22-10-2020.pdf Relevant paragraphs: 26. ….the documents of which registration is required by Transfer of Property Act, 1882, shall be compulsorily required to be registered otherwise such documents shall not affect any immovable property. So, when once the transaction has been …
Negotiable Instruments Act. Section 138. When a probable defence is set up by accused, burden is on the complainant to explain it. Standard of proof applicable to evaluate such explanation is ‘beyond reasonable doubt’. Failure to explain material contradictions results in dismissal of complaint. Karnataka High Court.
Santosh vs Harilal. Criminal Appeal 2784/2012 decided on 11 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349010/1/CRLA2784-12-11-11-2020.pdf Relevant Paragraphs: 17. The facts of the present case are not on par with those in Bir Singh Vs. Mukesh Kumar reported in (2019) 4 SCC 197, however, pivots on a different issue. The trial Court on consideration of the material …
Anticipatory Bail. Person whose regular bail is cancelled cannot seek anticipatory bail since he is in the constructive custody of the law. Supreme Court.
Manish Jain vs Haryana State Pollution Control Board. Special Leave Petition (Crl) 5385/2020, decided on 20 November 2020. Judgment below. Compiled by S. Basavaraj, Advocate, Daksha Legal.
Motor Vehicles Act. Even adult person can claim compensation for the death of elder/younger brother. However, unless dependency is proved, compensation cannot be awarded. Karnataka High Court.
Raju Singh vs Sharanappa and others. Miscellaneous First Appeal 103546/2019 decided on 11 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349058/1/MFA103546-19-11-11-2020.pdf Relevant paragraphs: 8 &9. There can be no two opinions that even an adult younger brother or grown up son is entitled to claim compensation under the head of loss of dependency subject to condition that they …
Negotiable Instruments Act. Power of Magistrate to convert trial of complaint under Section 138 is confined only to convert the case into a summons triable case and not as warrant case. Karnataka High Court.
M/s. Mahathru Technologies vs M/s Creative Infotech. Criminal Petition 1329/2020 decided on 19 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348866/1/CRLP1329-20-19-11-2020.pdf Relevant paragraphs: Question referred by the Hon’ble single judge to larger bench. “Whether in a case for offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the Court of Magistrate exercising its power under the …
Motor Vehicle Act. Insurer issuing policy beyond fitness certificate period cannot avoid liability on the ground that the vehicle did not have fitness certificate at the time of accident. Karnataka High Court.
The Branch Manager, The Oriental Insurance Company Ltd vs Mallesh Miscellaneous First Appeal 2417/2010 decided on 25 September 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/342171/1/MFA24217-10-25-09-2020.pdf Relevant Paragraphs: 11. The third contention which has been raised by the Insurance Company is that the vehicle did not have a permit to ferry passengers and/or that it did not have a …
Motor Vehicle Act. Vehicle insured but without valid fitness certificate. Insurer is not liable. However ‘pay and recover’ is applicable. Karnataka High Court.
Malleshi vs Hafiza Begum and another. MFA.CROB 200013/2018 & MFA 201596 decided on 6 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349004/1/MFACROB200013-18-06-11-2020.pdf Relevant paragraph: 20. Further, the Full Bench of this Court in the case of New India Assurance Company Limited v. Yellavva W/o Yamanappa Dharanakeri and another [2020 (2) AKR 484 was pleased to lay down the …
Service Law. Direct recruitment. When reserved category candidate performs well and reaches general merit category, he shall be considered in general category. Rule is mandatory. Karnataka High Court.
Nagaraj vs The Commissioner, Department of Excise and others. Writ Petition 117767/2019 and 103279/2018 decided on 13 November 2010. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349008/1/WP117767-19-13-11-2020.pdf Relevant paragraphs: 12. When any appointment is made by way of direct recruitment, either by way of competitive examination or selection, the list of candidates should be arranged in the order of merit …
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