Suit for partition dismissed for default does not bar a subsequent suit for partition. Karnataka High Court.
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Hon’ble Mr. Justice M.G.S. Kamal celebrates his 53rd birthday today.
Hon’ble Mr. Justice M. G. Shukure Kamal:
Born on 30th June, 1971 at Kodlipet, Kodagu District. Did his Primary & Secondary education both at Kodlipete and Suntikoppa of Kodagu District. Completed his PUC at Govt. Senior College, Madikeri and did his BAL.,LL.B. at Vidyavardhaka Law College, Mysuru. He was enrolled as an Advocate with the Karnataka State Bar Council on 05.08.1994. He appeared before the High Court of Karnataka, City Civil and Sessions Court, Chief Metropolitan Magistrate Courts, Debt Recovery Tribunals at Bengaluru, mainly in Civil, Criminal, Constitutional, Labour, Arbitration, Revenue and Wakf matters. His Lordship appointed as Additional Judge of the High Court of Karnataka and taken oath on 17.03.2021 and Permanent Judge on 30.09.2022.
Important judgments delivered by Justice M.G. Shukure Kamal.
Principles of Natural Justice. In the absence of any legal right, the principles do not apply. Authority passing resolution in favour of a person without any statutory backing can withdraw it without prior notice. Karnataka High Court. (DB)
Land Acquisition Act 1894. Land acquired and vested with the Government can NOT be withdrawn. Unless there is material to rebut statutory presumption, notification under Section 16(2) is evidence of taking possession. Karnataka High Court. (DB)
Land Acquisition Act, 1894. Market value. Amount awarded under consent award in respect of similarly situated land acquired for similar purpose can be treated to be the base price. Karnataka High Court. (DB)
A representative suit cannot be permitted to the withdrawn or compromised without complying with mandatory procedure under Order 1 Rule 8 (4) of the Civil Procedure Code. Karnataka High Court.
Education. Though admission deadline is inviolable if the authority extends it, admission of students beyond deadline is valid. Karnataka High Court. (DB)
Though a minor can be beneficiary/ recipient under a contract, he cannot be subjected to any obligation or burden of performance of any reciprocal promise. Karnataka High Court.
Action taken pursuant to and upon an insufficiently stamped document cannot be termed as illegal, null and void and nonest in the eye of law in the absence of any specific provisions thereof. Karnataka High Court.
Suit for specific performance. Merely because the agreement does not stipulate any time, the same cannot be expected remain unperformed for all the time to come. Karnataka High Court.
Bombay-Karnataka area. Succession among Hindus coming under the Bombay School of Inheritance. Sister was entitled for a share if the succession had opened prior to 1956. Karnataka High Court.
“Writ Petition seeking revision of voters list cannot be maintained except by the persons aggrieved.” Karnataka High Court, while dismissing the petition filed by MLA seeking rectification of voters list of his constituency. (DB)
Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will.
Tenant can question katha which has been made out in the name of the subsequent purchaser of the tenanted property if the entry is not in consonance with the sale deed. Karnataka High Court.
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Land Acquisition Act. A landowner can maintain second application under Section 28A of the Act seeking redetermination of market value of his land in the event of further enhancement by the appellate court in respect of other lands. Karnataka High Court.
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Children born to second/void marriage are entitled to equal share in the self-acquired property of their father along with the children from the first marriage. Karnataka High Court.
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Karnataka Gram Swaraj and Panchayat Raj Act. Power conferred on Adhyaksha to stay the execution of any order or resolution of Taluk Panchayat is not appellate in nature to decide the dispute itself. Karnataka High Court.
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Children of predeceased brother are also entitled to succeed to the property of the prepositus under the Mysore Hindu Law Women’s Rights Act, 1933. Karnataka High Court.
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Limitation Act. When plaintiff’s title is not in dispute and the plea of adverse possession fails, suit for possession based on title cannot be said to be barred by time under Section 65. Karnataka High Court.
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‘’Power of review is a creature of Statute’’. Deputy Commissioner has no power to review the order under the Karnataka Land Revenue Act. Karnataka High Court.
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Principle of ‘’Boundaries prevail over Measurements’’ would not apply when the measurement/extent given in the document is clear, definite, specific, unambiguous and certain. Karnataka High Court.
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