Rakesh vs The State of Karnataka and others. Criminal Petition 2072/2020 & connected cases decided on 22 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346590/1/CRLP2972-20-22-10-2020.pdf Relevant Paragraphs: Paragraph 10. On close reading of the Post Mortem Report, it indicates that the deceased has suffered with 16 serious injuries inflicted on his body and contents of the complaint clearly …
Author Archives: rajdakshalegal
Registration Act, 1908. Compulsorily registrable but unregistered document can be received in evidence to prove admission made therein about another document which does not require registration. Karnataka High Court.
Gangamma vs Rangaiah and others. Writ Petition 15209/2015 decided on 21 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346526/1/WP15209-15-21-10-2020.pdf Facts: In a suit for declaration, the plaintiff wanted to produce unregistered release deed in which there was an admission regarding the will under which the plaintiff claimed ownership. The trial court rejected the prayer. Relevant Paragraphs: 11. It …
Cyber Crime. Date of broadband connection generating Internet Protocol address is relevant. Mere I.P. address not enough to foist criminal case. Discharge of accused upheld. Karnataka High Court.
State of Karnataka vs Avinash R Kashyap. Criminal Revision Petition 1028/2016 decided on 21 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346565/1/CRLRP1028-16-21-10-2020.pdf Relevant Paragraphs: 24. (facts) Accused was connected to the crime only on the basis of his I.P. address. As per the complaint itself, the alleged profile was created on 30.06.2007. As per the report of the …
Maintenance. Judgment of the Supreme Court issuing detailed guidelines. 4:11:2020.
Judgment Link: https://main.sci.gov.in/supremecourt/2018/37875/37875_2018_39_1501_24602_Judgement_04-Nov-2020.pdf Final DirectionsIn view of the foregoing discussion as contained in Part B – I to V of thisjudgment, we deem it appropriate to pass the following directions in exercise ofour powers under Article 142 of the Constitution of India :(a) Issue of overlapping jurisdictionTo overcome the issue of overlapping jurisdiction, and avoid …
Civil Procedure Code. Review. Latest Supreme Court Judgment on review under Section 114. Power of review is not appellate or inherent power. Supreme Court 3:11:2020.
Shri. Rama Sahu by lrs. vs Vinod Kumar Rawat & Ors. Civil Appeal 3601/2020 decided on 3 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2017/31367/31367_2017_35_1503_24560_Judgement_03-Nov-2020.pdf HELD: Para 6.1 Judgment in Haridas Das vs. Usha Rani Banik (Smt.) andOthers, (2006) 4 SCC 78 & Lily Thomas vs. Union of India, (2000) 6 SC 224 relied on. It is further observed in the said decision that the words “anyother sufficient reason” appearing in Order 47 Rule 1 CPC mustmean “a reason sufficient on grounds at least analogous to thosespecified in the rule” as was held in Chhajju Ram vs. Neki, AIR 1922 PC 112 and approved by this Court in Moran Mar BasseliosCatholicos vs Most Rev. Mar Poulose Athanasius, AIR 1954 SC 526. 7. The dictionary meaning of the word “review” is “the act oflooking, offer something again with a view to correction orimprovement”. It cannot be denied that the review is the creation ofa …
Service Law. An employee is expected to give a correct information as to his qualification. A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service. Supreme Court 3:11:2020.
Chief Manager, Punjab National Bank & anr vs Anit Kumar Das. Civil Appeal 3602 of 2020 (arising out of SLP (C) No. 8343 of 2020) decided on 3 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/8647/8647_2020_35_1504_24560_Judgement_03-Nov-2020.pdf HELD: 8. Even on the ground that respondent – original writ petitioner deliberately, wilfully and intentionally suppressed the fact that he was a graduate, the High Court has erred in directing the appellant Bank to allow the respondent – original writ petitioner to discharge his duties as a Peon. In the application/biodata, the respondent original writ petitioner did not mention that he was a graduate. Very cleverly he suppressed the material fact …
Karnataka Co-operative Societies Act, 1959. Appointment of an administrator under Section 28-A(5) does not violate the “autonomous” functioning of a co-operative society. Section does not infringe Article 19(1)(c) of the of the Constitution of India. Karnataka High Court. 16:10:2020
Gurunath Reddy vs The State of Karnataka and others. Writ Petition 226145/2020 & Connected matters decided on 16 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346429/1/WP226145-20-16-10-2020.pdf HELD: Paragraph 23. This Court is mindful of the following principles of law which are now metamorphosed while examining the Constitutional validity of any law or a provision/s of such law. (a) …
Federalism being a basic structure, the States cannot be treated as vassals of the Center. UGC Regulations. Central Government is bound to consult the State Government for grant of ‘Deemed University’ status and for allied aspects. Karnataka High Court. 3:11:2020.
Moogambigai Charitable and Educational Trust and Others. vs Union of India and others. Writ Petition 7482/2020 & 9236/2020 decided on 3 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346425/1/WP7482-20-03-11-2020.pdf Relevant Paragraphs: Page 38. (I) As to Center-State relationship in a federal structure and mutual deference between them: The people of this country through their Constitution have secured to …
Arbitration and Conciliation Act,1996. Dispute in relation to a claim for specific performance of the lease agreement is arbitrable. Scope of Section 11(6-A) discussed. Karnataka High Court. 13:10:2020
Royal Orchid Hotels Limited vs Rock Reality Private Limited. Civil Miscellaneous Petition 288/2018 decided on 13 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346423/1/CMP288-18-13-10-2020.pdf Relevant paragraphs: 7(i) (iii) What is the scope of adjudication involved in the instant petition in the light of the provisions contained in Section 11(6-A) of the Arbitration and Conciliation Act,1996? (iii) Whether the …
Matrimonial disputes. Mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them. Karnataka High Court. 23:10:2020
Meena R Poojary and others vs State of Karnataka and another. Criminal Petition 4993/2015 decided on 23 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346168/1/CRLP4995-15-23-10-2020.pdf Relevant Paragraphs: 7. …It is necessary to consider whether the allegations made in the private complaint attract the offence under Section 498A and other offences alleged against them. In a decision reported in …
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