Yankappa and another vs The State of Karnataka. Criminal Appeal 200020/2015. Decided on 16 October 2020. Justice Siddappa Sunil Dutt Yadav and Justice P. Krishna Bhat. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/344180/1/CRLA200020-15-16-10-2020.pdf Relevant paragraphs: Moral conviction bondering on strong suspicion is not an option with the Courts and cases should be proved beyond reasonable doubt is a salutary …
Author Archives: rajdakshalegal
D.V. Act. Wife’s right to stay in her in-laws house not indefeasible. Senior Citizens not to be haunted by marital discord between their son and daughter in law. Supreme Court 15:10:2020.
Satish Chander Ahuja vs Sneha Ajuja, Civil Appeal 2483/2020. Decided on 15 October 2020. Justice Ashok Bhushan. Justice R. Subhash Reddy Justice M.R. Shah. Judgment link: https://main.sci.gov.in/supremecourt/2020/689/689_2020_37_1501_24378_Judgement_15-Oct-2020.pdf While holding that “Shared household” in Section 2(s) need not be the joint family household or household or in which husband has a share and that wife can …
Hindu woman marrying Muslim man. Such marriage is only irregular (fasid) and not void (bati). Children from such marriage are entitled to share in father’s property. Supreme Court.
Mohd. Salim v. Shamsudeen, (2019) 4 SCC 130. Civil Appeal No. 5158 of 2013, decided on January 22, 2019. Relevant paragraphs: 16. Before proceeding further, it is crucial to note that under Muslim law, there are three types of marriage—valid, irregular and void, which are dealt with in Section 253 at p. 342 of Mulla …
Motor Vehicles Act, 1988. Trade (Road Risks) Policy covers only dealers of vehicles. Road Risk policy limits explained. Karnataka High Court 14 October 2020.
The Regional Manager, National Insurance Company Limited vs Sathi@Sathya and others. M.F.A. 8575/2015. Decided on 14 October 2010. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343931/1/MFA8575-16-14-10-2020.pdf Relevant paragraphs: 13. Point No.1: Before considering the submissions made by the learned counsel appearing for the appellant, it is not in dispute that the sixth respondent is a dealer engaged in selling the …
Strange Bail Conditions : A Judicial Overreach Judicial Overreach.
Mr. B.L. Pavecha, Senior Advocate, Indore Section 438 Cr.P.C. provides for grant of anticipatory bail and confers powers upon the High Court as also on the Court of Session to grant it. Similarly Section 439 Cr.P.C. confers powers upon the High Court as also on Court of Session to grant bail and to direct release …
Continue reading “Strange Bail Conditions : A Judicial Overreach Judicial Overreach.”
Local Bodies. Can a No-Confidence motion be withdrawn after the meeting is convened? Case law discussed.
S. Basavaraj, Advocate, Daksha Legal The decentralization of power and vesting of powers to people at grassroots level has also created scenario which we can witness at the top level. One of the most litigated issue is motion of ‘No Confidence’ being moved against the heads of local-self government i.e. Zilla Panchayats, Taluka Panchayats and …
Powers of Bar Council when a complaint alleging misconduct also discloses a serious offence.
Can a Bar Council, which receives a complaint under Section 35 of the Advocates Act 1961, apart from initiating proceedings under the Act, also refer the matter to the law enforcement authority like Police if the complaint reveals a serious/cognizable offence? The settled legal position has been that every citizen is also an ‘informant’ of …
‘Equal Pay for Equal Work’. Workers employed by public undertaking directly and through Contractor. Both are entitled for the same benefits. Karnataka High Court 9:10:2020
Gururaj Shenoy vs The Deputy Chief Labour Commissioner. and ohers. Writ Petition 11249/2015 decided on 9 October 2020. Justice N.S. Sanjay Gowda. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343703/1/WP11249-15-09-10-2020.pdf Relevant Paragraphs: 4. In all these writ petitions, the validity of the orders passed in favour of the contract labour working at the Food Storage Depot at Udupi and Mysuru, …
Vehicle (auto riksha) plying outside permit area. Such permit violation does NOT absolve insurer of it’s liability. ‘Pay and recover’ principle applied. Karnataka High Court. 7 October 2020.
Dilip vs Nitin Jain. M.F.A. 200139/2018. Decided on 7 October 2020. Justice Siddappa Sunil Dutt Yadav and Justice P. Krishna Bhat. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343597/1/MFA200139-18-07-10-2020.pdf Relevant Paragraphs. 4. The only contention urged on behalf of the appellant is that the learned Tribunal was in error in absolving the Insurer of the offending vehicle, only on the …
Place of inquiry and trial in case of continuing matrimonial offence. High Court cancels transfer of criminal case and orders re-transmission of case to wife’s place. Karnataka High Court. 25 September 2020.
K.A.Priyanka vs The Superintendent of Police, Kalburgi. Writ Petition 226407/2020. Decided on 25 September 2020. Justice Hanchate Sanjeevkumar. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343068/1/WP226407-20-25-09-2020.pdf Relevant Paragraphs : Paragraph 6. Regarding controversy involved into the case, the relevant provisions has to be considered Sections 177, 178 and 179 of Cr.PC. stipulate as follows.“177. Ordinary place of inquiry and trial– …
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