Chetana and others vs Babuji M and others. Miscellaneous First Appeal. Decided on 13 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349061/1/MFA102268-19-13-11-2020.pdf Relevant Paragraphs: 7 & 8. The deceased was aged 17 years at the time of the accident. According to the appellants, the deceased was a student and was also doing milk vending business and he was …
Author Archives: rajdakshalegal
Transfer of Property Act, 1882. – Simple mortgage, Mortgage by conditional sale, Usufructuary mortgage, English mortgage, Mortgage by deposit of title-deeds – explained with Supreme Court Judgments.
58(b) Simple mortgage.—Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of …
Writ of Quo-Warranto. Person elected on the basis of a fake caste certificate is liable to be ousted from the office by a writ of quo-warranto. Karnataka High Court. 10:11:2020
Prabhakar vs The State of Karnataka and others. Writ Petition 138396/2020 decided on 10 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348668/1/WP138396-20-10-11-2020.pdf Case details: – Respondent 4 contested and won the election to the office of Board of Management of a Co-operative Credit Society governed by the provisions of the Karnataka Co-operative Societies Act, 1959. He submitted a …
Default Bail Granted Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court.
Judgment link Click to access 4200_2019_36_1501_24718_Judgement_20-Nov-2020.pdf
Pension is a property under Article 300-A of the Constitution and it constitutes a fundamental right to livelihood under Article 21. Karnataka High Court quotes Shakespeare from ‘Fall of Cardinal Wolsey’ while directing early payment of pension.
K.T.Thimmaiah vs The General Manager and another. Writ Petition 11517/2018 decided on 9 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348998/1/WP11517-18-09-11-2020.pdf Magnificent opening paragraph: To quote Shakespeare from fall of Wolsey, with a slight variation to suit the context “Had I served my God with half the zeal that I served my King, I would not have fallen …
Criminal trial. Defence of ‘grave and sudden’ provocation shall not avail an accused if the result of permitting such a defence is to dehumanize the person of victim, stultify her individual autonomy, agency and dignity. Karnataka High Court.
Vijay@Vijendra vs The State of Karnataka. Criminal Appeal 200141/2016 decided on 20 November 2020. Author, Justice P. Krishna Bhat. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348940/1/CRLA200141-16-20-11-2020.pdf Relevant paragraphs: 18. Accused, as the evidence shows, has betrayed utter disdain to the inherent right of C.W.1 as a human; to her individual autonomy to choose who to love and to her …
Local bodies. Principle of rotation in reservation is a statutory right and not merely private right of contestants. Alternative remedy of election petition is illusory. Writ petition questioning defective rotation maintainable. Karnataka High Court.
R. Basavaraj vs State of Karnataka and others. Writ Petition 11566/2020 decided on 19 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348982/1/WP11566-20-19-11-2020.pdf Held: Paragraph 21..Alternate remedy -…Rule 15 (1) provides that the validity of the election of the President or the Vice-President may be called in question by a petition presented to the District Judge, within seven days …
Negotiable Instruments. Gaps are permitted to be filled by the drawee on the cheque so long as it does not cause prejudice to the drawer or amount to material alteration. Karnataka High Court.
K.A. Ananda vs Gangadhara. Criminal Appeal 1191/2011 decided on 3 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348769/1/CRLA1191-11-03-11-2020.pdf Relevant paragraphs: 13 & 14. Negotiable Instruments Act are three in numbers- Promissory note, bill of exchange and cheque. The very commencement of the word in the definition states that cheque is a bill of exchange. As a matter of …
Legal Services Authority Act, 1987 does not prohibit Permanent Lok Adalats from passing ex-parte award. However, award must be supported by reasons. Karnataka High Court.
The Deputy Commissioner, Mysore District another vs M/s Kushal Enterprises. Writ Petition 2715/2020 and connected matters decided on 3 August 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/337740/1/WP2715-20-03-08-2020.pdf Relevant paragraphs: 11….Permanent Lok Adalat constituted under section 22B(1) of the LSA Act is conferred with both conciliatory and adjudicatory functions; and Permanent Lok Adalat is invested with the power and …
Abetment to commit suicide. Vague death note can not be a prima facie evidence. Accused entitled for bail. Karnataka High Court.
B.K. Padmanabha Reddy vs State of Karnataka. Criminal Petition 5775/2020 decided on 12 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348823/1/CRLP5775-20-12-11-2020.pdf Relevant portion: Para. 1. The present petition is filed by accused .. under Section 439 of Cr.P.C. praying to release him on bail …for the offences punishable under Section 306 of IPC. 5. SPP submits…that the deceased …
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