M/s. L&T Housing Finance Limited vs M/s. Trishul Developers and another. Civil Appeal 3413/2020 decided on 27 October 2020. Justice L. Nageswara Rao, Justice Hemant Gupta and Justice Ajay Rastogi. Judgment Link: https://main.sci.gov.in/supremecourt/2019/25979/25979_2019_38_1501_24436_Judgement_27-Oct-2020.pdf HELD: 15. Notably from the very inception at the stage, when theproposal of taking a term loan from the appellant was furnishedby …
Author Archives: rajdakshalegal
Kindly share Important Trial Court Judgments.
When we read reportable decisions of High Courts and the Supreme Court, we also notice how trial court judgments are upheld as following the correct legal position. Many trial court judgments are really inspiring for the young aspirants of judgeship. Hence, apart from publishing reportable High Court and Supreme Court judgments, Daksha Legal proposes to …
Continue reading “Kindly share Important Trial Court Judgments.”
Karnataka Stamp Act, 1957. Intending purchaser already in possession prior to agreement of sale. Purchaser has to pay stamp duty as if possession delivered ‘under the agreement’. Stamp duty cannot be avoided by relying on prior possession. Karnataka High Court 9:10:2020
K. V. Venkatasubbaiah vs Rajappa by lrs. Writ Petition 17460/2015 decided on 9 October 2020. Justice N.S. Sanjay Gowda. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345036/1/WP17460-15-09-10-2020.pdf HELD: If a person who already claim to be in possession, seek to contend in the agreement of sale that they are in possession or being continued in possession in part performance of …
Arbitration and Conciliation Act, 1996. Correction and interpretation of award & additional award under Section 33 forms part of the arbitral award. Only recourse is appeal under Section 34. No writ is maintainable against such an award. Karnataka High Court 15:10:2020
Hubli Electricity Supply Company Ltd vs M/s. Sharavathy Conductors Company Pvt Ltd. Writ Petition 103813/2016 decided on 15 October 2020. Justice S. Vishwajith Shetty. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345144/1/WP103813-16-15-10-2020.pdf Note: The dispute between Hubli Electricity Supply Company Ltd and M/s. Sharavathy Conductors Company Pvt Ltd was referred to arbitration and the same was decided by Karnataka Micro …
Private Schools. State action should be facilitative and complimentary to the establishment of private schools. “Don’t compare grant of permission to start educational institution with that of a wine shop. Adopt fair standards”. – Karnataka High Court to Government.
Nexgen Education Trust (Regd) vs State of Karnataka and others. Writ Petitions 6058/2020 & 9554/2020 decided on 21 October 2020. Judgment link:http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345480/1/WP6058-20-21-10-2020.pdf “The respondents have invoked the provision ..in a pedantic way like a village priest ritualistically murmuring the hymn without knowing its inner meaning; the constitutional guarantee of free-primary-education will not fructify in the …
IPC. Sections 304B and 498A. Cruelty by husband falling short of gravity under Section 304B. He can still be convicted under Section 498A. Karnataka High Court. 21:10:2020
Kallegowda and another vs State of Karnataka. Criminal Appeal 539 & 504/2014 decided on 21 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345479/1/CRLA539-14-21-10-2020.pdf Relevant Paragraphs: 25. In order to prove the dowry death as contemplated under Section 304B of IPC and presumption under Section 113B of Indian Evidence Act, necessary ingredients are required to be placed on record …
“Disguising civil disputes as criminal offences.”
1. The judgment of the Supreme Court in the case of Sai Kamal Shivaji Pokarnekar Vs State of Maharashtra in Crl.A.255/2019 (DD 12.02.2019) is likely to open floodgates for frivolous complaints which arise out of disputes purely of civil nature. 2. It is true that a wrong may give rise to both civil and criminal liability …
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Civil Procedure Code. Trial Court is bound to answer all issues framed in a suit. Failure vitiates entire judgment subject to exception. Karnataka High Court. 14:10:2020
Mallappa Ramappa Naik and others vs Ittappa Ramappa Banti @ Heggani and others. Regular Second Appeal 1811/2005 decided on 14 October 2020. Justice V. Shrishananda. Judgment Link: (High Court server down. Will update link later. ) Relevant Paragraphs: 13. Order XX Rule 5 CPC contemplates a mandatory duty on Trial Court to answer all issues …
No case is too big. No hearing is too long. No excuse. Virtual Courts are here to stay!
A batch of Writ Appeal/Petitions, nine Senior Advocates including Solicitor General of India and Additional Solicitor General of India, more than 25 instructing counsel – all logged in from different parts of the country and one from abroad, 5000 pages of documentation and marathon hearing for 25 working days including two Court holidays, totally 61 …
Dying Declaration anatomised- “Death waiting at the doorsteps gives a unique serenity to the mind compelling the maker to state nothing but the truth.” – Karnataka High Court. 4:9:2020
Beerappa vs The State through Town P.S. Yadgiri. Criminal Appeal 200036/2015 decided on 4 September 2020. Justice Krishna S Dixit and Justice Krishna P Bhat. (author, Justice Krishna P Bhat). Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/338981/1/CRLA200036-15-04-09-2020.pdf “What is a dying declaration? It is vain on our part to attempt to define the term, for, it ought to remain …
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