Hon’ble Mr. Justice R. Devdas celebrates his 55th birthday today.
Hon’ble Mr. Justice R Devdas: Born on 15th May 1969. Studied in Sri Ramakrishna Vidyashala, Mysore. Pre-University Education and Bachelor of Arts at St.Joseph’s Arts and Science College, Bangalore and Bachelor of Law at Sri Jagadguru Renukacharya College of Law, Bangalore.
Started practice in the year 1994 in the office of M/s. Jayaram & Jayaram, Advocates, Bangalore.
Appointed as Addl. Government Advocate for State of Karnataka on 6th June 2008.
Appointed as Principal Government Advocate on 10th July 2014.
Appointed as an Additional Judge of the High Court of Karnataka on 14th February 2018.
Appointed as Permanent Judge of the High Court of Karnataka on 7th January 2020.
Important Judgments delivered by Hon’ble Mr. Justice R. Devdas.
Service Law. Person who questions a Government order in Court and accepts another Government order without demure loses right to challenge the first order. Karnataka High Court.
Income Tax Act. Section 147. Mere change of opinion on consideration of the same material is not a ground to reopen the assessment. Full Bench Karnataka High Court. (DB)
Karnataka SC-ST PTCL Act. Application for resumption of land after sale with prior permission NOT maintainable. Alternative appeal remedy not a bar for Writ Petition against illegal order of Assistant Commissioner. Karnataka High Court.
Hindu Law. Separated son has NO right in ancestral property left by kartha. He can claim share as Class-I heir after death of Kartha in notional partition. Karnataka High Court. (DB)
CLARIFICATION – Second wife, married during life time of first wife, getting share in the property of deceased husband. Karnataka High Court Judgment. (DB)
Unlike access to justice, forum convenience is not a fundamental right. Only the Chief Justice of High Court has power to allocate work to puisne judges of respective benches of High Court. Karnataka High Court clarifies. (DB)
Air India Limited is not a ‘State’ within the meaning of Article 12 of the Constitution of India after disinvestment and hence Writ against it is not maintainable. Karnataka High Court.
Karnataka High Court condones the delay of 20 years in seeking resumption of granted and later tenanted lands under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
When sole plaintiff dies and application is filed by persons claiming to be legal representatives, it is the duty of the Court to consider whether the right to sue survives. Karnataka High Court.
Plaint in a suit for a primary relief of partition and separate possession cannot be rejected on the ground of limitation though the secondary prayer is barred by time especially when both the prayers are interconnected. Karnataka High Court.
Occupancy rights cannot be claimed or granted under the Karnataka Land Reforms Act in respect of garden land (bagayat land). Karnataka High Court reiterates.
Conversion of granted land for non-agricultural purposes and construction of residential building in industrial zone cannot be a ground to cancel the grant. Karnataka High Court.
Purchasers of inam lands after vesting of the lands in the State cannot claim occupancy rights under Section 9 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1958. Karnataka High Court.
Karnataka SC-ST PTCL Act. Conversion of land for non-agricultural purposes will operate as prior permission to sell only if the land is converted by the original grantee and not by the purchaser. Karnataka High Court.
Creation/claim of tenancy under the KLR Act in respect of granted lands also amounts to ‘transfer’ under the SC/ST (PTCL) Act, 1978 and hence the same is void though the Tribunal order has become final. Karnataka High Court.
Karnataka SC-ST PTCL Act, 1978. Application for prior permission to alienate granted land filed by power of attorney of the grantee can NOT be considered. Only grantee or his legal heirs can apply for prior permission. Karnataka High Court.
“Purpose of acquisition is relevant factor in determining the compensation’’. Karnataka High Court enhances compensation from Rs. 750/- to Rs. 2000/- for the land acquired for Court complex. (DB)
Service law. In the absence of clear proof based on the evidence of witnesses in the enquiry, an adverse presumption cannot be drawn on the guilt of the accused. Karnataka High Court sets aside compulsory retirement on corruption charges. (DB)
Detention order cannot be challenged by seeking a writ of habeas corpus when the order is already confirmed by the Government. Karnataka High Court. (DB)
Standalone distilleries established for manufacturing ethanol are not governed by the provisions of the Sugarcane Control Order, 1966. Karnataka High Court. (DB)
Planning Authority cannot seek relinquishment of Buffer Zone or the building line where construction cannot take place, free of cost, to the Planning Authority while sanctioning the development plan. Karnataka High Court.
Reference Court while awarding compensation in respect of the sub-soil/minerals underneath the soil of the acquired properties shall take into consideration the provisions of the Karnataka Minor Minerals Concession Rules. Karnataka High Court. (DB)
Freedom fighters’ pension. The proof required must be as provided in the pension scheme itself. As long as such proof was not available, the benefit cannot be granted. Karnataka High Court, while following the Supreme Court Judgment. (DB)
Appointment of arbitrator. Question of limitation can be gone into only in the very limited category of cases where there is not even a vestige of doubt that the claim is ex facie time barred. Karnataka High Court.
Grant of lands under the Karnataka Land Revenue Act. There is no restriction that the land shall not be granted to more than one member of the same family. Karnataka High Court.
Inamdar or his successors have no right to alienate lands already vested under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. Subsequent purchasers cannot seek grant of occupancy rights. Karnataka High Court.
Writ Court can give directions to compel the performance in a proper and lawful manner and itself can pass orders which the Government or the public authority should have passed had it properly and lawfully exercised its discretion. Karnataka High Court.
Second Writ Petition for mandamus is maintainable when the earlier direction was not complied. Writ Court can give directions to compel the performance in a proper and lawful manner. Karnataka High Court.
Conducting land survey and marking boundaries under the Karnataka Land Revenue Act cannot be resorted to claim title over the property instead of approaching the civil Court. Karnataka High Court.
Karnataka Land Revenue Act. There is no restriction for grant of land to more than one member of the same family under Section 94-A. Karnataka High Court.
Tahsildar cannot order removal of name from the land records unilaterally asserting the land to be government land and without following the procedure under the Karnataka Land Revenue Act. Karnataka High Court.
Assistant Commissioner has no power to initiate suo motu proceedings under Section 136(2) of the Karnataka Land Revenue Act in respect of the entries made in the land records. Karnataka High Court.
Land grants obtained allegedly by playing fraud can be cancelled only by initiating appropriate proceedings within reasonable time. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Gift of granted land by grantee in favour of his/her son/daughter without prior permission also attracts the provisions of the Act. Karnataka High Court.
Violation of Sections 79A & 79B of the Karnataka Land Reforms Act cannot be alleged in respect of sale of agricultural properties which took place prior to 1 March 1974. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Plea of Adverse possession by the purchaser of granted land can be taken only if there is uninterrupted and continuous possession without animus to constitute hostile rights and possession. Karnataka High Court.
The advantage of omission of Sections 79A and 79B of the Karnataka Land Reforms Act is available even to pending review petition before the Appellate Tribunal. Karnataka High Court.
Karnataka Land Reforms Act. Period of non-alienation for tenanted lands commences from the final order of the Land Tribunal and not from the date of issuance of Form-10. Karnataka High Court.
When tenancy is governed under the Karnataka Rent Act, Civil Court has no jurisdiction to pass a decree for possession of the tenanted property. Karnataka High Court.
Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.
Hon’ble Mr. Justice Suraj Govindaraj celebrates his 51th birthday today.
Hon’ble Mr. Justice Suraj Govindaraj: Born on 14.05.1973. Graduated LL.B(Hons) at NLSIU. Enrolled as an Advocate on 23.06.1995.
Practiced in the field of Civil, Commercial Litigation, Contracts, Property Law, Arbitration, Company Law, Intellectual Property Rights, Constitution Matters, Debt Recovery, Environmental Law, Revenue Matters under local land laws, Consumer Law, RERA etc.,
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important judgments delivered by Hon’ble Mr. Justice Suraj Govindaraj.
Labour Law. Dismissal of workman on the ground of loss of confidence of the employer in the workman would not prevent the Labour Court from passing an order of reinstatement. Karnataka High Court.
KT & CP Act. When designation of land in the Master Plan as park is lapsed due to non-acquisition within five years, the landowner is entitled for conversion of the land as per the new classification of the land under the Master Plan. Karnataka High Court
Industrial Disputes Act. An order refusing permission under Section 33(2)(b) can be challenged by way of a Writ Petition in appropriate cases. Karnataka High Court.
Labour Law. Once a domestic enquiry is held to be fair and proper, the labour Court cannot hold the contents of the enquiry report to be perverse and set aside the order on that basis. Karnataka High Court.
Karnataka Societies Registration Act. Erstwhile office members cannot process election to the Society after the appointment of an administrator merely because the administrator has not taken charge. Karnataka High Court.
Karnataka Cooperative Societies Act. Special Officer cannot be appointed on the ground of resignation of directors without waiting for 15 days period prescribed under Section 29(B) to withdraw the resignations. Karnataka High Court.
Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes. Karnataka High Court.
Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. Karnataka High Court.
Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her. Karnataka High Court.
Karnataka Land Reforms Act, 1961. Proceedings under Sections 79A and 79B can NOT be initiated after the agricultural land is converted to non-agricultural purpose. Karnataka High Court.
If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
Land acquisition notification after 19 December 2013, the date on which the 2013 Act was notified to come into force on 1 January 2014, could be issued only under the 2013 Act and not under the 1894 Act. Karnataka High Court.
If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied. Karnataka High Court.
Workman cannot be dismissed without taking the approval of the Industrial Tribunal in terms of Section 33(2)(b) of the Industrial Disputes Act when proceedings are pending. Karnataka High Court.
Land acquisition. If compensation of some landowners is enhanced, other landowners under same notification are automatically entitled to enhanced Compensation. Duty of the State to notify all other landowners about the enhancement. Karnataka High Court.
Trust registered under the Trust Act is entitled to get liquor license under the amended Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968. Karnataka High Court disposes Writ Petition challenging non-inclusion of Trusts.
Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971. Notification under Section 10(1) is not a pre-requisite for the Tribunal to decide matters relating to reinstatement or regularization of services of contract labour. Karnataka High Court.
Proceedings under Section 79(A) & (B) of the Karnataka Land Reforms Act can NOT be initiated against purchaser of converted agricultural property. Karnataka High Court.
Change of partners in a partnership concern holding excise license amounts to transfer of excise license. Authorities can cancel license for violation of condition against transfer of license. Karnataka High Court.
Suit for partition. Registration of a sale deed in respect of joint family property would amount to constructive notice to all members of the joint family SCST and the period of limitation would commence from the date of such registration. Karnataka High Court.
Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. Karnataka High Court.
Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.
In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
Labour Law. When workman files statutory appeal as also claim petition under section 10(4-A)of ID Act, in the event of either one of them being disposed, the other proceeding would become infructuous and required to be dismissed as such. Karnataka High Court
Claim made by a workmen for payment of minimum wages is not a dispute covered under Section 70 of Karnataka Co-operative Societies Act, 1959. Karnataka High Court.
Motor Vehicle Act. Insurance company not limiting insurance policy till fitness certificate period can not escape liability on the ground that vehicle’s fitness certificate lapsed on the date of accident. Karnataka High Court.
Plaint in a suit for partition based on amended Section 6 of the Hindu Succession Act is liable to be rejected if there is clear admission in the plaint about registered partition of ancestral properties prior to the amendment. Karnataka High Court.
Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
Forcible, unauthorised, Illegal encroachment of private property by BDA. Karnataka High Court orders allotment of equivalent developed land to the owner. Imposes cost of 5 lakhs to be recovered from the officers at default.
Valuation of Suit. Suit for specific performance. Only value of the property shown in the agreement has to be considered for the purpose of jurisdiction. Karnataka High Court.
Corporation carrying out perennial works through contractor employing Pourakarmikas. Karnataka High Court orders regularisation against sanctioned vacant posts.
In case of termination of an individual employee/workman by a individual notice, a dispute can be raised by such individual workman in terms of Section 10(4-A) of the ID Act. Karnataka High Court.
POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.
Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
Mischief by killing or maiming animals. Mens rea, animus or intention is required to be established to constitute offences under Section 428 or Section 429 of IPC. Karnataka High Court.
Legal Metrology (Packed Commodities) Rules, 2011. Compounding of an offence by one accused will not prevent the other accused from seeking quashment of the proceedings. Karnataka High Court.
Mines And Minerals (Development AndRegulation) Act, 1957. Geologist can initiate criminal proceedings under Mines and Minerals for the offences under the Act.
When a document is fabricated before the Sub-Registrar, bar under Section 195(1)(a)(i) Cr.P.Capplies only to proceedings under Section 177 and not under Sections 419, 420, 468 and 471, IPC. Karnataka High Court.
Arbitration and Conciliation Centre being run under the aegis of the High Court of Karnataka can appoint an Arbitrator if any of the parties individually or both the parties jointly were to approach the centre for such appointment. Karnataka High Court.
Legal Metrology (Packed Commodities) Rules, 2011. When liquid item is sold, the declaration in terms of weight/measures can be done either by weight or volume. Karnataka high Court.
Refusal to pay cost of the arbitration by a party cannot be a ground not to appoint arbitrator if the other party is ready to pay entire arbitration cost. Karnataka High Court.
Even an employee on a contractual basis is entitled to provident fund. There is no requirement of a master-servant relationship with the master exercising supervision and control over the employee. Karnataka High Court.
Accused is not entitled for default bail under Section 167 (2) Cr.P.C. in the event of charge sheet having already been filed before his arrest. Karnataka High Court.
Gratuity is paid to safeguard financial security of a person at the time of retirement. Bank cannot adjust gratuity amount payable to its employee towards outstanding loan account. Karnataka High Court.
Merely because a client does not succeed in the matter and favourable orders were not passed in his favour, the client cannot make out a case that fraud and offence under Sections 406 and 420 of IPC has been committed by his Advocate. Karnataka High Court
Factories Act. Manufacture being per se hazardous does not make the establishment hazardous. The process of manufacture being hazardous for workmen of a particular age group is the relevant test. Karnataka High Court.
If a document has been fabricated for the purposes of usage in a Court and thereafter used in a Court, Section 195 of Cr.P.C. would come into play and only the Court can initiate the proceedings against the offender. Karnataka High Court.
Hindu Succession Act 1956. Karnataka amendment to Section 6 is applicable between 30:7:1994 to 8.9.2005. The Central amendment is applicable from 9:9:2005. Karnataka High Court.
Hindu Succession Act 1956. Section 14 does NOT apply when there is admission by the woman and evidence on record that the property was purchased in her name from out of joint family funds. Karnataka High Court.
Information Technology Act. An intermediary or its directors and officers are not liable for any action or inaction on part of seller making use of facilities provided by the intermediary in terms of a website or market place. Karnataka High Court.
Bhoodan and Vidyadan Scheme. Owner cannot seek return of land once gifted. He can only seek direction for proper utilization of the land. Karnataka High Court.
Companies Act 2013. Except the Registrar Shareholder and Official Liquidator no other person can initiate any criminal proceedings against a company for the offences under the Act. Karnataka High Court.
Director appointed by a Venture Capital Company can be prosecuted as regards criminal offences alleged against the company where investment is made. Karnataka High Court.
Income Tax Act. All the Directors of the Company cannot be automatically prosecuted for any violation of the Income Tax Act. There has to be specific allegations made against each of the Directors who is intended to be prosecuted. Karnataka High Court.
Educational Institutions. Property tax exemption would also apply to persons who have leased the property for educational purposes. Karnataka High Court.
Educational Institutions. Property tax exemption is available even to any land or building used for the purpose of educational institution or incidental thereto such as bank canteen and staff quarters. Karnataka High Court.
Prevention of Money Laundering Act 2002. Investigating-arresting Officer must inform and provide copy of arrest order and grounds of arrest to the person being arrested. Mere oral information would not be sufficient. Karnataka High Court.
SC/ST Prevention of Atrocities Act, 1989. High Court can NOT entertain bail petition under Section 438 & 439 Cr.P.C. Remedy against grant or refusal of bail by the Special Court is appeal to High Court under Section 14A. Karnataka High Court.
Local bodies. Consequences of conversion of Town Municipal Area into a City Municipal Area and absorbion of Panchayat into newly constituted City Municipal Council explained. Karnataka High Court.
Income Tax Act, 1961. Section 80JJAA. Deduction in respect of employment of new workmen. Calendar year and not financial year is to be considered to compute completion of 300 days by the workmen. Karnataka High Court.
Land acquisition. Determination and enhancement of compensation by reference court being a judicial exercise, benefit of the same should be made available even to those who did not approach the Court. Karnataka High Court.
‘Total non application of mind’. Karnataka High Court quashes consent for establishment issued by Karnataka State Pollution Control Board for Karwar Port Expansion Project. Orders fresh exercise.
‘No instrumentality of the State or any litigant has a right to say that the order of the Court will not be complied with only because an ordinary copy of the order is supplied or that a certified copy is not supplied.’ Karnataka High Court.
Buildings used for the purpose of running educational institution and/or incidental activity are exempted from payment of property tax under the Karnataka Municipalities Act even without making application seeking exemption. Karnataka High Court.
Challenge to an award passed in an International Commercial Arbitration can be made before Commercial Division of a Single Judge Bench of the High Court. Karnataka High Court.
POCSO Act. Investigation Officer shall inform victim’s parents and legal counsel about bail application or any other application by the accused or the prosecution in the proceedings. Karnataka High Court.
Defendant whose written statement taken as not filed and on dismissal of his application under Section 8(1) of the Arbitration and Conciliation Act can notseek permission to file written statement. Karnataka High Court.
Court can record compromise among parties even after auction of subject property is completed since successful auction purchaser has no vested right till sale certificate is issued in his favour. Karnataka High Court.
”Store information in electronic form and furnish upon receipt of application under the RTI Act at the earliest”. Karnataka High Court directs Government of Karnataka.
Mere presentation of plaint without court fee does not amount to ‘filing of suit’. By the time court fee is paid, if limitation runs out, suit is liable to be dismissed. Karnataka High Court.
Police can NOT conduct preliminary enquiry when information disclosing commission of cognizable offence is received. Police can initiate such enquiry only after registering FIR. Karnataka High Court.
Defendant can seek injunction against plaintiff only under Order 39 Rule 1(a). He has no right to seek such injunction under Order 39 Rule (b) and (c). Karnataka High Court reiterates.
If roster is not followed for the post of Mayor and Deputy Mayor of a local body in an election, persons belonging to that category must be accommodated in the next election. Karnataka High Court.
Impounding of entire sale agreement in a suit for specific performance for non payment of stamp duty is mandatory even though the suit is confined only one of several properties. Karnataka High Court.
When a compromise is filed before the Court, only that Court must record the compromise. The matter cannot be referred to the Lok- Adalat. Karnataka High Court.
Plaintiff in a suit cannot array defendant as represented by GPA holder with address of the said GPA holder without showing address of the defendant. Karnataka High Court.
Appellate Court cannot decide criminal appeal before it by taking into account evidence recorded in another case even though it might be a cross-case or a counter case. Karnataka High Court issues exhaustive guidelines.
Electricity companies must insure power lines and equipments against any act of nature and claims arising out of electrocution of persons or destruction of crops. Karnataka High Court.
One of the parties to a contract cannot delay appointment of Arbitrator by adopting multi-layered methodology to be gone through by the other party before invocation of Arbitration clause. Karnataka High Court.
Grant of compensation towards loss due to erection of towers and drawing electricity lines based on sale price of adjacent land is correct. Law Commission must suggest payment of suitable compensation. Karnataka High Court.
Allottee of a civic amenity site is not barred from seeking allotment of adjacent civic amenity site for expansion. Authority must consider the applications transparently. Karnataka High Court.
”Train the Officers exercising quasi-judicial powers to write proper orders instead of adopting copy and paste method”. Karnataka High Court directs the State Government.
”Upload and update contact details of persons in-charge of litigation in the local bodies on the official websites for the effective service of court notices’’. Karnataka High Court directs the Principal Secretary to Govt.
Even if the plaintiff has not sought a relief of possession in a suit for specific performance, the Execution Court can issue a delivery warrant directing the Judgment debtor to handover possession of the property. Karnataka High Court.
‘’Only under extreme circumstances handcuffing of an accused can be resorted to.’’ Karnataka High Court orders compensation of Rs. 2 lakhs to law student who was illegally handcuffed by the Police.
Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. Karnataka High Court.
Public duty is cast on the Municipal authorities to safeguard the citizens from attack of street dogs. Karnataka High Court issues exhaustive directions/guidelines. Orders Rs. 10 lakhs compensation to the father of the child killed by street dogs.
Land acquisition compensation must be paid in the event of any enhancement granted to another land looser under the same notification. Karnataka High Court deprecates delay in considering applications of landowners.
Set up e-office system and information technology tools to monitor applications/representations and to dispose them at the earliest. Karnataka High Court directs BDA.
Demarcation of land in the Master Plan for road widening would not vest the land with the State/BDA. State/BDA cannot seek relinquishment of such land as a pre-condition for plan sanction without paying compensation. Karnataka High Court.
Lapse of scheme under the BDA Act. Dismissal of earlier writ petition for want of particulars does not preclude fresh writ petition with additional material/grounds. Karnataka High Court.
Compensation and resettlement methodology as determinable under the land acquisition Act of 2013 is applicable to the acquisition made under National Highways Act. Karnataka High Court.
Lapse of Scheme under the Bangalore Development Authority Act would invalidate designation of property as a civic amenity and all further actions taken in connection thereto. Karnataka High Court.
Acquisition under the BDA Act. Land loser can choose compensation in the form of land or site instead of cash anytimebefore he actually withdraws the cash compensation. Karnataka High Court.
Winding up proceedings can continue even after payment of principal amount if contractual, crystallized and admitted interest on the principal amount is not paid. Karnataka High Court.
Foreign award in respect of parties situated outside India can be executed in India if property of the award debtor is situated within India Karnataka High Court.
RERA Act prevails over the Arbitration and Conciliation Act. When proceedings are already initiated before the RERA Authority, application for appointment of Arbitrator to decide the same dispute cannot be entertained. Karnataka High Court.
Though there is no bar for appointment of former employee as an arbitrator, if there are justifiable doubts regarding his impartiality, Court can refuse to appoint him as arbitrator. Karnataka High Court.
When an arbitration agreement binds only one of the several persons who are parties to a dispute, the cause of action cannot be split. Arbitrator cannot be appointed in such circumstances. Karnataka High Court.
When grievance is against Company for dishonest misappropriation of property, it is necessary to make the Company accused in the criminal proceedings under Section 403 IPC. Karnataka High Court.
Payment of land acquisition compensation cannot be delayed on the ground that there is a dispute pending between the acquiring body and the Income Tax Department. Karnataka High Court.
Amount deducted under Section 194-LA of the Income Tax Act from and out of land acquisition compensation also forms part of compensation payable to owner. Karnataka High Court.
“Conduct of party in participating in arbitral proceedings and then blaming the arbitrator is against the basic notion of justice”. Karnataka High Court imposes cost of Rs. 5 lakhs on ITI Limited.
Mere pendency of writ petition or writ appeal or SLP will not extend time to pass award under the Land Acquisition Act unless interim orders prevented passing of the award. Karnataka High Court.
A proprietary concern is not required to be arrayed as a separate party in a proceeding under Section 138 of the Negotiable Instruments Act. Karnataka High Court.
Accused is not entitled for default bail under Section 167 (2) Cr.P.C. in the event of charge sheet having already been filed before his arrest. Karnataka High Court.
Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. Karnataka High Court.
Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. Karnataka High Court.
Prohibition of transfer under the Karnataka SC/ST PTCL Act do not apply to auction sale of property by Banks including Co-operative Society and Cooperative Bank towards loan recovery. Karnataka High Court.
Planning Authority insisting for surrender of land free of cost for national highway at the time of plan sanction amounts to extortion and cannot be sustained. Karnataka High Court.
Urban Planning. BBMP cannot refuse to maintain passage/street on the ground that the said passage/street has not been handed over to the BBMP under a relinquishment deed. Karnataka High Court.
Tenants of Municipal Corporation cannot claim equity on the basis of long standingusage of the premises so as to be allotted shops in newly constructed building without going to the process of auction. Karnataka High Court.
Labour Law. Under Section 33(c)(2) of the Industrial Dispute Act, Labour Court can determine employer and employee relationship, amounts due to workman and direct the payment thereof. Karnataka High Court.
Electricity Act, 2003. Karnataka High Court directs e-filing, e-appearance and other e-services to be made available by all national tribunals within 6 months.
State Electricity Regulation Commission has no power to regulate inter-State power transmission since it falls only within the domain of the Central Electricity Regulation Commission. Karnataka High Court.
Property Tax. Residential property used for running Advocate’s office cannot be assessed as commercial property if it falls within the exemption under Section 3 (1) (e) of Karnataka Shops and Establishments Act. Karnataka High Court.
”Award of death sentence must be preceded by psychological and physiological evaluation, examination of early and present family background, history of violence and criminal antecedent of the accused”. Karnataka High Court lays down guidelines.
Deemed conversion of land under Section 95(2) of the Karnataka Land Revenue Act, 1964 shall be strictly adhered to by the officers when the objections raised are complied with. Karnataka High Court.
Ancestral property fallen to the share of father in a family partition among his father and brothers cannot be claimed by his son since the property so allocated to his share becomes his exclusive property. Karnataka High Court.
Karnataka Private Educational Institutions (Discipline and Control) Rules 1978 continue to be in force even after coming into force of the Karnataka Education Act, 1983 and govern the disciplinary proceedings initiated. Karnataka High Court.
A party seeking to lead evidence through a general or special power of attorney need not make a separate application seeking permission to lead such evidence in the matter. Karnataka High Court.
Labour Law. Once domestic enquiry is held to be not proper or fair, employer can lead further evidence to establish the delinquency of the workman unless such evidence has already been led before the Labour Court. Karnataka High Court.
Karnataka Societies Registration Act. Merely because third party were to submit complaint, the Registrar cannot initiate an enquiry under Section 25 without application of his mind. Karnataka High Court.
All lands, agricultural and non-agricultural, acquired under the land acquisition Act of 2013 are exempted from payment of Income Tax. Karnataka High Court.
Suit for partition. Once a Plaintiff contends that he has separated from the joint family, properties bought subsequent to the said separation cannot be included in the suit for partition filed subsequently. Karnataka High Court.
Failure to declare assets and liabilities. Defaulting member of a Gram Panchayat need not to be issued a show cause notice or be heard before removal from the office. Karnataka High Court.
When complaint and counter complaint are filed making identical allegations, accused in one complaint cannot seek quashment of the complaint on the ground that the allegations are civil in nature. Karnataka High Court.
Public charitable trust need not obtain permission from the jurisdictional District Court in order to file suit against a third party. Karnataka High Court.
Reservation of posts in excess of 50% to SC and ST category under the Karnataka Gram Swaraj and Panchayat Raj Act is not ultravires the Act. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Period of 30 months for Adhyaksha/Upadhyakshah has to be calculated from the date of result of the election. The delay in holding the first meeting would not add any period to their term. Karnataka High Court.
Karnataka Gram Swaraj and Panchayath Raj Act. Holding contractor’s licence under the GESCOM/KPTCL amounts to an ‘office of profit’. Such person is disqualified from contesting election. Karnataka High Court.
Suit for partition. Appointment of court commissioner during the proceedings to find out the existence of building etc would be unnecessary since such an exercise can be undertaken at the time of final decree proceedings. Karnataka High Court.
Workmen’s Compensation Act. Mere deposit of award amount with interest before the appellate court while challenging the award will not absolve the appellant from paying interest till the realisation of the award. Karnataka High Court.
Anti-Corruption Law & Service Rules. Borrowing authority can entrust an enquiry to the Lokayukta without obtaining prior permission/ approval of the lending authority. Karnataka High Court.
Registration of FIRs. Karnataka High Court directs DGP to issue Circular to all Station House Officers to follow directions issued in Lalita Kumari’s case. Circular to indicate disciplinary proceedings in case of lapse.
Karnataka High Court directs integration of Police IT with Road Accident Data Base, Forensic Laboratory Management System, Insurance Companies and Transport Department for the effective redressal of motor vehicle accident victims.
Election Petition without arraigning all the candidates to an election in an election petition where a declaration of the petitioner to be a returned candidate is sought for is liable to be dismissed. Karnataka High Court.
Election Law. Non-disclosure or suppression of the assets of the candidate or his his/her spouse in his nomination amounts to corrupt practice. Karnataka High Court.
Road Transport Corporation. Section 33 (2) (b) of the Industrial Disputes Act is required to be complied with only if punishment of discharge or dismissal is made and not in respect of other punishments. Karnataka High Court.
Mere demarcation of land in the Master Plan for road widening would not amount to acquisition. State can either acquire the land by paying compensation or return it to owner. Karnataka High Court.
“Living person cannot be deprived of a benefit of a death certificate of a person who is dead”. Karnataka High Courts directs BBMP to issue death certificate of employee washed away in heavy rain while working in a stormwater drain.
Karnataka Land Revenue Rules. Once a sale deed is registered Sub-Registrar shall forward details within thirty days to Tahsildar and Tahsildar is bound to make entries in Mutation Register. Parties need not do anything in this regard. Karnataka High Court.
Urban Land Ceiling (Repeal) Act, 1999. Merely on the basis of deemed vesting the State cannot take over land when the proceedings under ULC Act for vesting of land has not been completed by taking actual possession of the land. Karnataka High Court.
Child on attaining majority can seek his/her name to be incorporated in the Birth Certificate. The Corporation cannot reject such plea on the ground of delay. Karnataka High Court.
Karnataka Municipal Corporations Act, 1976. Without the issuance of a notice under Section 321 (1) a Confirmatory Order cannot be passed under Section 321 (3) based only on the notice under Section 308. Karnataka High Court.
Except on sufficient grounds, Commercial Court cannot permit a party to lead fresh evidence after the matter is posted for arguments and when the witness was not named in the list of witnesses and affidavit was not filed. Karnataka High Court.
Karnataka State Dispute Resolution Policy, 2021. Inter-departmental disputes can be adjudicated before the Interdepartmental Dispute Redressal Committee even after the dispute has arisen. Karnataka High Court.
Arbitration clause in a Governmentcontract or civil remedy is not a bar for the High Court to exercise jurisdiction if the payment is arbitrarily withheld. Karnataka High Court.
Property classified as ‘commercial axes’ can be used for commercial purposes though the property is situated in a residential layout. Karnataka High Court.
Person elected from General Category to a Gram Panchayath as a Member can at a later point of time contest for the post of Adhyaksha and Upadhyaksha in a reserved category so long as he belongs to such reserved category. Karnataka High Court.
MUDA. Successive applications made for site though of different measurements shall be taken into consideration for determining the seniority for the purpose of allotment of site. Karnataka High Court.
Karnataka Land Reforms Act. Proceedings under Section 79(A) & (B) cannot be initiated against a person who has purchased converted property after following necessary procedure under Section 95. Karnataka High Court.
New document cannot be produced in a Final Decree Proceedings which would have the effect of re-deciding the rights between the parties already decided in a preliminary decree. Karnataka High Court.
Civil Court has no power to modify or rectify the details of the property granted under the Karnataka Inams Abolition Act by the Special Deputy Commissioner. Karnataka High Court.
Gram Panchayat. Protection against no-confidence motion against president/VP who assume office after resignation, disqualification or death of the first elected President/VP would not go beyond earlier incumbents’ period. Karnataka High Court.
BBMP has no power to enquire into an allegation of encroachment simpliciter unless the encroachment is in violation of sanctioned plan. Karnataka High Court.
Hon’ble Mr. Justice Hanchate Sanjeevkumar celebrates his 53rd birthday today.
Hon’ble Mr. Justice Hanchate Sanjeevkumar: Born on 13.05.1971. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 04.05.2020 and Permanent Judge on 25.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice Hanchate SanjeevKumar.
Wife getting lumpsum maintenance under Section 125 Cr.P.C as full settlement is NOT precluded from claiming maintenance under Section 18 of the Hindu Adoption and Maintenance Act. Karnataka High Court.
MVC Act. The principle of “pay and recover” applies even when owner of vehicle had contested claim petition before the Tribunal or filed appeal against the award. Karnataka High Court.
Holder of Light Motor Vehicle driving license driving Transport Vehicle does not amount to fundamental breach of the insurance policy so as to avoid the liability of the insurance company. Karnataka High Court.
Hindu Adoptions and Maintenance Act, 1956. Adoption of a person above the age of 15 years is permissible only if there is custom or usage applicable to the parties which permits such adoption. Karnataka High Court.
Education. ‘Punishment imposed on student for malpractice shall be commensurate with the gravity of the misconduct’. Karnataka High Court invokes doctrine of proportionality to reduce punishment imposed on a student.
Karnataka Lokayukta Act, 1984. Employees of statutory bodies and government companies are not ‘government servants’ though they are ‘public servants’. Government cannot entrust inquiry against them to Lokayuktaunder CCA Rules. Karnataka High Court.
‘No child is born in this world without a father and mother. A child has no role to play in his-her birth’. Karnataka High Court orders compassionate appointment to children born out of void or voidable marriage.
Preventive detention. Consideration of representation even after confirmation of preventive detention order is part of Article 21 of the Constitution. Karnataka High Court.
Caste Certificate. Only aggrieved person, such as employer or person deprived of caste certificate or post in Govt or public service or seat educational institution on account of fraudulent caste certificate can question.
Insolvency and Bankruptcy Code, 2016. Demand for customs duty which is not part of resolution plan approved by the adjudicating authority stands extinguished permanently. Karnataka High Court.
Customs Act, 1962. Notification enhancing custom duty would NOT become enforceable if it is simply issued and sent for publication. It is enforceable only when such a notification is published and also offered for sale. Karnataka High Court.
Motor Vehicles Act. Under ‘Act Policy or Statutory Policy’ occupants of the vehicle cannot be considered as third parties. Insurance company is liable for the occupants only if the policy is comprehensive. Karnataka High Court.
Motor Vehicle Act. Vehicle insured but without valid fitness certificate. Insurer is not liable. However ‘pay and recover’ is applicable. Karnataka High Court.
Motor Vehicles Act. Transport Corporation is not entitled for compensation under the head, loss of revenue/idling charges when a bus meets with accident and spare bus is assigned on the scheduled route. Karnataka High Court.
Scribe of a Will can also be considered as attesting witness apart from the status as scribe thus fulfilling the requirement of Section 63 of the Indian Succession Act. Karnataka High Court.
Court cannot take into consideration artificial deductions by husband showing lesser take-home salary to avoid maintenance payable to wife and children. Karnataka High Court.
Hindu Law. ‘’Husband and Wife are one person. Physically divided yet united by Soul’’. Wife cannot seek partition of coparcenary or self-acquired properties during the lifetime of her husband. Karnataka High Court.
Hon’ble Mr. Justice S.R. Krishna Kumar celebrates his 54th birthday today.
Hon’ble Mr. Justice S.R. Krishna Kumar:
Born on 07.05.1970. Graduated LL.B. at University Law College, Bangalore. Enrolled as an Advocate on 29.08.1992.
From 1992 to till date – Practiced as an Advocate in the High Court of Karnataka as well as Civil Courts, Criminal Courts and Tribunals.
Practiced on all types of Civil Cases, Criminal Cases, Writ Petitions/Appeals, Arbitration Cases, Company Cases, Motor Vehicle Cases, Matrimonial Cases and Consumer Disputes.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important Judgments delivered by Hon’ble Mr. Justice S R Krishna Kumar.
Right of Persons with Disabilities Act. Visually impaired person cannot be driven to common law remedy when the offence committed against him attracts the RPD Act. Karnataka High Court.
Stay of execution pending suit between decree holder and judgement debtor. Order 21 Rule 29 CPC will not apply to suits which are instituted subsequent to institution of the execution proceedings. Karnataka High Court.
Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.
Trademarks of Company in liquidation are custodia legis of the Company Court. Only the Company Court can determine the ownership of the mark and declare any disposition as void. Karnataka High Court.
Order under section 148A(d) of the Income Tax Act, 1961 is invalid if the same is issued after three years of relevant assessment year and the amount escaped from tax is below Rs. 50 lakhs. Karnataka High Court.
Social impact assessment prior to issuance of preliminary notification under the 2013 land acquisition Act must be by mandatory publication of the notification in the official gazette. Else the acquisition proceedings becomes illegal. Karnataka High Court.
Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. Karnataka High Court.
No income tax can be levied or deductible on compensation for acquiring lands under the Karnataka Industrial Areas Development Act in view of 2013 land acquisition Act. Karnataka High Court.
Determining CET rankings of 2021-22 batch students by taking only CET marks is illegal. Karnataka High Court orders fresh ranking for admission to Engineering and Technology courses for the academic year 2022-23 by taking both PUC and CET marks.
Provisional release of perishable goods under the Customs Act is permissible even during pendency of appeal and not confined to proceedings pending before the adjudicating officer. Karnataka High Court.
Production of additional evidence under Order 41 Rule 27, CPC cannot be as a matter of right. Party must explain why evidence could not be produced in trial court despite due diligence. Karnataka High Court.
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
Interpretation of statutes. Proviso to a provision cannot control the main provision nor be interpreted in a manner which renders the main provision nugatory or otiose. Karnataka High Court.
“Right to nutritious food is a fundamental right of pregnant woman, lactating mothers and children’’. Karnataka High Court directs the State Govt to implement ICDS without further delay and to submit compliance report.
No party should suffer due to the act of court. Right accrued as on the date of writ petition cannot be taken away by amendment inserted during the pendency of the petition. Karnataka High Court.
Arbitration & Conciliation Act. Even when limitation period to challenge arbitral award under Section 34 expired during closure/vacation of Courts, provisions of Section 4 of the Limitation Act cannot be invoked by the applicant. Karnataka High Court.
Non-impleadment of particular Department in Writ Petition is not a ground for the State Government not to comply with Court order. Karnataka High Court suggests appointment of Nodal Coordinating Officer.
”Honour power purchase agreements and make prompt, regular and timely payments to power generators without any delay”. Karnataka High Court directs ESCOMs while holding writ petitions maintainable to enforce PPAs.
”Urban planning is a valuable force to achieve sustainable development.”. Karnataka High Court upholds land acquisition for Dr.K.Shivaram Karanth Layout.
”Purchase of land by Karnataka Housing body without mandatory prior approval of State Government is void”. Karnataka High Court cancels sale deed and restores land to the owner.
Child custody. Non-custodial parent is entitled to equal number of days as with the custodial parent during holidays, festivals, birthdays and other important family functions. Karnataka High Court issues guidelines.
Registration of sale deed in the State of Karnataka. Sub-registrars can NOT insist on production of ’11E’ sketch for registration. Govt website to be updated accordingly. Karnataka High Court.
Civil Procedure Code. Order 39 Rules 1 and 2. Trial court has to apply its mind while granting ex-parte injunction. Passing cryptic, bald, laconic, unreasoned and non-speaking order is impermissible. Karnataka High Court.
Arbitration and Conciliation Act. Waiver of ineligibility of arbitrator under Section 12. In the absence of an express agreement between parties claim cannot be barred by principles of waiver acquiescence and estoppel. Karnataka High Court.
Creating posts having trappings of the Ministers to overcome the upper ceiling limit under Article 164 1-A is ultra vires the constitutional mandate. Karnataka High Court.
Non-impleadment of particular Department in Writ Petition is not a ground for the State Government not to comply with Court order. Karnataka High Court suggests appointment of Nodal Coordinating Officer.
Karnataka High Court applies the test of ‘manifest arbitrariness’ to strike down the Rule which whittled down GST refund of input taxes paid in the course of zero-rated supply and export.
Rule 6 of Cenvat Credit Rules 2004 does not disallow common credit taken for manufacture of sugar even after 2015 amendment as bagasse is not a manufactured product. Karnataka High Court.
Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. Karnataka High Court.
Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. Karnataka High Court.
Social impact assessment prior to issuance of preliminary notification under the 2013 land acquisition Act must be by mandatory publication of the notification in the official gazette. Else the acquisition proceedings becomes illegal. Karnataka High Court.
Trademarks of Company in liquidation are custodia legis of the Company Court. Only the Company Court can determine the ownership of the mark and declare any disposition as void. Karnataka High Court.
Karnataka Court Fees and Suits Valuation Act. Suit for cancellation of sale deed. No need to pay ad-valorem court fee on the market value if the property is agricultural land. Karnataka High Court.
Application under Order 21 Rule 29 CPC seeking stay of execution proceedings on the ground that the suit is instituted by the Judgment Debtor is maintainable only if the suit was instituted prior to filing of the execution petition. Karnataka High Court.
Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. Karnataka High Court.
When the portion left in the layout plan for Ring Road, National Highway or Peripheral Road is not utilised for the said purpose and is diverted for other purpose, the landowner is entitled for TDR compensation. Karnataka High Court.
Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. Karnataka High Court.
When educational institution is run on a property designated for educational purposes under the Master Plan and the zoning regulations, there is no requirement for conversion of the property specifically for educational purposes. Karnataka High Court.
Planning Authority cannot refuse ‘No Objection Certificate’ for establishing petrol bunk on the ground that the land is not converted for non-agricultural purposes. Karnataka High Court.
Execution proceedings. Amendment of pleadings under Order VI Rule 17 CPC applies to objector/obstructor application under Order XXI Rule 97 CPC. Karnataka High Court.
Indian Succession Act. Jurisdiction of the trial Court in relation to grant of Succession Certificate is in relation to place where the deceased ordinarily resided at the time of his death or where his movable properties are situated. Karnataka High Court.
Commercial Court is bound to order refund of the entire court fee when the matter is settled out of Court before recording evidence on the merits of the claim. Karnataka High Court.
When there is no recital in sale agreement that possession of property is handed over to purchaser, Court cannot direct the party to pay stamp duty and penalty as per conveyance. Karnataka High Court.
Hon’ble Mr. Justice Sachin Shankar Magadum celebrates his 52nd birthday today.
Hon’ble Mr. Justice Sachin Shankar Magadum:
Born on 05.05.1972. Graduated LL.B. at R.L. Law College, Belagavi. Enrolled as an Advocate on 31.10.1998. Practiced at Chikodi from 1998 to 2001.
From 03/07/2001 to June 2008 practiced at High Court of Karnataka, Bengaluru, in the field of Civil, Criminal and Constitutional Matters. After establishment of Circuit Bench at Dharwad shifted practice to High Court of Karnataka, Bench at Dharwad. Appeared before the Karnataka Appellate Tribunal and other Tribunals, and also before Karnataka State Consumer Disputes Redressal Commission and stood as Standing Counsel for National Highways Authority of India and Karnataka Institute of Medical Sciences, Hubbali.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important Judgements delivered by Hon’ble Mr. Justice Sachin Shankar Magadum.
Karnataka Police Act. Failure to provide reasonable opportunity to the person sought to be removed from the local limits of his jurisdiction renders the order illegal. Karnataka High Court.
Karnataka Urban Development Authorities Act. Failure to implement the scheme substantially within five years and shifting of the scheme to other land results in lapsing of the acquisition proceedings. Karnataka High Court.
Educational qualification cannot be insisted for transfer of authorization of licence on compassionate ground Karnataka Essential Commodities (Public Distribution System) Control Order. Karnataka High Court.
Landowner is entitled to additional interest on the compensation when dispossessed from the property before the initiation of the acquisition proceedings. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. In an appeal under Section 5A of the Act by the grantee, Deputy Commissioner can NOT stay mutation entry in the name of subsequent purchaser. Remedy is only under the Karnataka Land Revenue Act. Karnataka High Court.
C.P.C. Execution. Person who claims under a Will and seeks declaration of title and possession can NOT maintain application under Order 21 Rule 97 as obstructer. He has to file separate suit for declaration and possession. Karnataka High Court.
Suit for possession based on title without seeking declaration of ownership is maintainable when the defendant does not assert the title to himself. Karnataka High Court.
Suit against public trust. Court cannot entertain application seeking appointment of receiver by deferring the application seeking leave to prosecute the suit under Section 92 of CPC. Karnataka High Court.
Acceptance of lesser share by father in ancestral properties in family partition will not prevent his son from claiming actual/correct share in the properties. Karnataka High Court.
Decree holder can decide in which of the several modes mentioned in Section 51 of the Civil Procedure Code, he will execute his decree. The judgment debtor cannot invoke the Section. Karnataka High Court.
Mere amendment to plaint adding properties describing them as joint family properties will not cause hardship since the nature of the properties need to be substantiated during the trial. Karnataka High Court.
Where property is sold under the Partition Act 1893, provisions of Order 21 Rules 84 & 85 CPC regarding mandatory deposit of entire balance sale price within 15 days do not apply. Court can extend time for such payment. Karnataka High Court.
When a cross objection is not maintainable independently, then there is no question of maintaining two separate order sheets as per Rule 155 of the Civil Rules of Practice. Karnataka High Court.
In a suit for partition, defendant can seek direction to plaintiff to include certain properties in the plaint schedule and seek partition of the same. Karnataka High Court.
Non-binding arbitration agreement with an option to litigate further if the parties do not resolve the disputes pursuant to such non-binding arbitration cannot be termed an arbitration agreement. Karnataka High Court.
Advocate representing a party has a right to be physically present in a Remote Point when the evidence of his client is being recorded. Karnataka High Court.
Question of violation of building bye-laws or plan etc are within the exclusive jurisdiction of the planning authorities. Civil Court cannot try these aspects in a civil suit. Karnataka High Court.
SARFAESI Act. Even person other than principal borrower, like tenant, can challenge the order passed under Section 14 only before the competent Tribunal. Writ petition is not maintainable. Karnataka High Court.
”Courts are under an obligation to follow religious text and old practices in religious disputes so long as they do not violateconstitutional rights of an individual”. Karnataka High Court while approving Bala Sanyasa.
”On account of expansion of public interest litigation, we are witnessing frivolous litigations and increasing instances of abuse of public interest litigation.” Karnataka High Court.
Privatisation of Airports. Policy decision of the executive are best left to it and a Court should not interfere with the policy decision unless the decision of the authority is mala fide, arbitrary, irrational or unreasonable. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. If the grantee converts the granted land for non agricultural purposes, it is no more a ‘granted land under the Act’ and hence prior permission to sell is NOT necessary. Karnataka High Court.
Karnataka SC-ST (Prohibition of Transfer of Certain Lands) Act, 1978 is NOT applicable if the granted land is converted by the grantee to non-agricultural purposes under the Karnataka Land Revenue Act, 1964. Karnataka High Court.
Evidence Act and Karnataka Stamp Act. Even a photocopy-xerox copy of the original document can be impounded and deficit stamp duty can be collected by the Court if the same is produced after laying proper foundation. Karnataka High Court.
Land acquisition. Kharab lands falling under category ‘A’ of the Karnataka Land Revenue Rules belong to landowners and not to Government. Landowners are entitled to compensation. Karnataka High Court reiterates.
C.P.C. Order 39 Rules 1 and 2. Grant of temporary injunction restraining usage of confidential information of plaintiff by defendant. Principles summarised. Karnataka High Court.
Mareva Injunction. Court can grant mareva injunction where recovery of amounts outstanding is a long drawnprocess and transfer of assets by defendant defeats the claim of the plaintiff. Karnataka High Court.
Arbitration and Conciliation Act. Award rejecting claim if found to be illegal fresh award cannot be made by Court under Section 34. Only option is to set aside award and leave parties to resume Arbitration once again. Karnataka High Court.
Arbitration and Conciliation Act. Application under Section 9 is maintainable even after conclusion of arbitral proceedings and during Section 34 proceedings only in so far as the claim granted by the arbitrator. Karnataka High Court.
CPC. Attachment before judgment is a drastic power which should NOT be exercised mechanically to convert unsecured debt into a secured debt. Prima facie case and the chance of suit being decreed are relevant. Karnataka High Court.
Hindu Succession Act. Amended Section 6. Plea of prior partition. Mere partition decree will not sever joint family status. Until final decree is passed and allottees of shares are put in possession – there is no partition. Karnataka High Court.
Contempt of Courts Act. High Court has no power to take cognizance of contempt of Appellate Tribunal since the Tribunal is not court subordinate to High Court. Karnataka High Court.
Specific Relief Act. Bar under Section 22 against grant prayer not sought for does not curtail power of the appellate Order XLI Rule 33 CPC. Court can refund of sale consideration even in the absence of prayer. Karnataka High Court.
Income Tax Act. Section 147. Mere change of opinion on consideration of the same material is not a ground to reopen the assessment. Full Bench Karnataka High Court.
A member of the Bar is expected to act first as an Officer of the Court and thereafter as the mouthpiece of his client. Karnataka High Court censures lawyer for filing contemptuous petition.
CPC. Attachment before judgment is a drastic power which should NOT be exercised mechanically to convert unsecured debt into a secured debt. Prima facie case and the chance of suit being decreed are relevant. Karnataka High Court.
C.P.C. Order 39 Rules 1 and 2. Grant of temporary injunction restraining usage of confidential information of plaintiff by defendant. Principles summarised. Karnataka High Court.
Land acquisition for Urban Development Authorities. Prolonged delay in issuing final notification after preliminary notification amounts to abandonment of acquisition. Landowner can utilize the lands in accordance with law. Karnataka High Court.
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1978. ‘Granted land’ (original grant to SC-ST persons) includes house sites or non-agricultural land also. Karnataka High Court.
Karnataka SC-ST (Prohibition of Transfer of Certain Lands) Act, 1978 is NOT applicable if the granted land is converted by the grantee to non-agricultural purposes under the Karnataka Land Revenue Act, 1964. Karnataka High Court.
Karnataka SC-ST (PTCL) Act, 1978. If the grantee converts the granted land for non agricultural purposes, it is no more a ‘granted land under the Act’ and hence prior permission to sell is NOT necessary. Karnataka High Court.
Second wife whose marriage was valid before coming into operation of the Hindu Succession Act, 1956 is entitled to inherit the properties of her husband in terms of Section 10. Karnataka High Court.
Resjudicata applies even to wrong decisions. Judgment which has attained finality intra-parties cannot be re-opened simply because the legal position is altered in another subsequent judgment. Karnataka High Court.
An arbitral award cannot be really treated as an instrument under the Stamp Act. Executing Court cannot impound the decree or levy penalty. Karnataka High Court.
Married daughters constitute independent unit for the purpose of determining excess land under Section 63(4) of the Karnataka Land Reforms Act. Karnataka High Court.
Land Acquisition Act. If an application is filed to refer dispute to civil court, the authority concerned cannot refuse to make a reference under Section 30. Karnataka High Court.
When there is a doubt as to whether an unregistered document is partition deed or relinquishment deed, it can be adjudicated only during the trial. Trial Court cannot refuse to accept it in evidence by conducting a mini trial. Karnataka High Court.
A registered partition acts as complete disruption of the joint family status. Son born subsequent to the partition cannot seek reopening of the partition unless the partition was within his own family. Karnataka High Court.
Hindu Adoption and Maintenance Act. Parties governed by the Bombay School of law though residing in Karnataka can adopt a person who has attained the age of majority. Karnataka High Court.
Right of a daughter under Section 8 of Hindu Succession Act is not affected by alienation after death of father and before amendment to Section 6 of Hindu Succession Act. Karnataka High Court.
Suit for specific performance in respect of Inam land. Non-alienation clause in the grant order is not a relevant question while examining the controversy between the parties. Karnataka High Court.
Suit for specific performance. Even when possession was delivered prior to agreement of sale, the agreement shall be treated as the one coupled with possession and the stamp duty shall be paid accordingly. Karnataka High Court.
”We must import a little commonsense into notices of this kind.” Statutory notice akin to Section 80 CPC is not mandatory to make counter claim in a civil suit filed by the statutory body. Karnataka High Court.
Registered general power of attorney coupled with interest cannot be cancelled by registration of another document titled ‘’Cancellation of GPA’’. The remedy is only under the Specific Relief Act. Karnataka High Court.
Mere speculation about hidden artifacts or historical monuments is not a ground to acquire land without following the procedure under the Ancient Monuments and Archaeological Sites and Remains Act. Karnataka High Court.
Award passed by the Lok Adalath cannot be questioned by a separate suit though termed as suit for partition in view of the bar under the Legal Services Authority Act. Karnataka High Court.
Adopted son becomes a coparcener of in the family to which he is adopted. Karta has no right to bequeath ancestral property by Will after adopting the son. Karnataka High Court.
High Tension electricity lines over agricultural lands will not completely deprive landowners of utilizing their lands to carry out agricultural operations. Diminutive value of the land at 30% is just and reasonable. Karnataka High Court.
Madras School of Hindu Law. Mother or widow of a propositus cannot independently claim share in the coparceneary properties and are entitled only to notional share after his death. Karnataka High Court.
Third party applicant approaching execution court under Order 97 Rule XXI of CPC should possess an independent title which is superior to that of the decree holders. Karnataka High Court.
Execution proceedings in suit for partition. Person claiming under joint family member who suffered decree cannot maintain application Order 21 Rule 97 of CPC. Karnataka High Court.
Karnataka Land Reforms Act. Vesting in the State Government of land leased contrary to the Act. Tahsildar can exercise power under Section 58 only if the lease is created after coming into force of the Act. Karnataka High Court.
Karnataka Land Revenue Act. Deputy Commissioner cannot hold roving enquiry and nullify the registered documents in the guise of exercising suo motu revisional jurisdiction under Section 136(3). Karnataka High Court.
Daughters cannot maintain suit for partition in respect of joint family properties when the succession had opened prior to the commencement of the Hindu Succession Act, 1956. Karnataka High Court.
Karnataka Town and Country Planning Act. Planning Authority cannot reject modification of layout plan unless the modification contravenes any provisions of the Act. Karnataka High Court.
Municipal Corporation is bound to manage, control and protect Civic Amenity sites vested in it on execution of release deed by the layout owner. Karnataka High Court.
CGST Act. Appeal under Section 107. When the entire tax liability is disputed, there is no requirement of depositing admitted amount of tax, interest, fine, fee and penalty arising from the impugned order. Karnataka High Court.
Amended Section 6 of the Hindu Succession Act. If daughter is not alive when 2005 amendment to Hindu Succession Act was passed, her legal heirs can seek her share in the ancestral property. Karnataka High Court.
Land Acquisition. Pot Kharab is not a government land and it belongs to the ownership of the landowner under the Karnataka Land Revenue Rules. Compensation is payable even in respect of such land. Karnataka High Court.
Change of land use from residential to commercial can be granted under Section 14 of the Karnataka Town and Country Planning Act. Authorities are bound to consider the representation from the owner. Karnataka High Court.
Application for conversion of lands for non-agricultural purposes cannot be rejected on the ground that there is proposal to include the lands in the Master Plan. Karnataka High Court.
Court cannot straightaway dismiss a suit for non-joinder of necessary party to the suit. Proper course of action is to adjourn the suit and direct the plaintiff to add the necessary party. Karnataka High Court.
Children cannot seek partition of properties received by their father from the grandfather under Section 8 of the Hindu Succession Act during his lifetime. Karnataka High Court.
Civil Procedure Code. Disputed questions cannot be taken into consideration or decided while considering an application under Order 7 Rule 11. Karnataka High Court.
Scheme formed by Bank denying compassionate appointment to married daughter of a deceased employee cannot be termed as discriminatory or violative of Article 15 of the Constitution. Karnataka High Court.
Service Law. Husband undergoing vasectomy as a condition for availing maternity leave by wife applies even in cases where the husband undergoes tubectomy. Karnataka High Court.
A litigant cannot assert title based on entries in the revenue records and mere entry in the revenue records will not constitute an act of adverse possession. Karnataka High Court.
Though Civil Court has no jurisdiction to declare caste of a person, it has jurisdiction to direct correction of entry in school records as per the Caste Certificate. Karnataka High Court.
Governing Council of a University cannot make recommendation to the Disciplinary Authority/Registrar in the matter of imposition of penalty to the employees. Karnataka High Court.
Hon’ble Mr. Justice G Basavaraja celebrates his 59th birthday today.
Hon’ble Mr. Justice Gurusiddaiah Basavaraja:
Born on 03.05.1965. Native of Methikurika Hiriyur Taluk, Chitradurga District. Enrolled as Advocate and practiced at Chitradurga. Appointed as Munsiff on 18.10.1993. Appointed as District Judge on 27.06.2009. Served as Prl. District & Sessions Judge, Chamarajanagar, Member Secretary, Karnataka State Legal Services Authority and as Prl. Judge, Family Court, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022 and Sworn-in as Additional Judge of the High Court of Karnataka on 16.04.2024.
Important Judgments delivered by Hon’ble Mr. Justice G. Basavaraja.
Violation of the Income Tax Act in monetary transaction cannot be a defence in proceedings under Section 138 of the Negotiable Instruments Act.
Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her.
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court.
Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.
”Award of death sentence must be preceded by psychological and physiological evaluation, examination of early and present family background, history of violence and criminal antecedent of the accused”. Karnataka High Court lays down guidelines.
Motor Vehicles Act. Non-registration of police case regarding the accident or failure of the Medical Officer to report medico-legal case to the Police is not a ground to deny claim of the victim. Karnataka High Court.
Hindu Marriage Act. Wife not honouring decree for restitution of conjugal rights and refusing to join her husband is sufficient ground for divorce. Karnataka High Court.
Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. Karnataka High Court.
“When the murder is in broad daylight, evidence of the eyewitnesses cannot be brushed aside.” Karnataka High Court reverses acquittal of four persons and convicts them for murder.
Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. Karnataka High Court.
‘Persons in public employment are not slaves of the Government, nor of their higher ups in the echelon of administration’. Karnataka High Court quashes dismissal order against public servant honorably acquitted in the criminal case.
Hindu Law. Doctrine of blending of individual’s property into joint family can be inferred by the words and if there are no words, then from his conduct. Karnataka High Court.
When counsel for appellant is absent and counsel for the respondent is present, the only course open to the appellate Court is to dismiss the appeal for non-prosecution. The appeal cannot be decided on merits. Karnataka High Court.
Residual provision of Article 137 of the Limitation Act, 1963 cannot be applied to prefer Revision Petition against the order passed by the Karnataka Waqf Tribunal. Karnataka High Court.
Plaintiff furnishing fictitious/false address of defendant and then seeking substituted service is a serious issue. Courts must verify the facts before ordering substituted service. Karnataka High Court.
Service Law. Disciplinary authority cannot go on holding enquiry after enquiry against an employee till the desired report is given by the enquiry officer. Karnataka High Court.
Hon’ble Mr. Justice M. I. Arun celebrates his 54th birthday today.
Hon’ble Mr. Justice Maralur Indrakumar Arun was born on 24.04.1970, studied SSLC from MES High School, Jayanagar, Bengaluru; PUC from Mari Mallappa Junior College, Mysore; Graduated from the National Law School of India University, Bengaluru in the year 1993.
He enrolled as an Advocate on 09.06.1993; practiced under Shri A.N. Jayaram, former Advocate General of Karnataka and Shri B.N. Dayanand, Advocate. He started independent practice as an Advocate from the year 1996 and represented several Universities and various State Government Undertaking; was a Central Government Senior Panel Counsel and also Additional Government Advocate for a brief period.
Municipal Corporation cannot demand arrears of property tax as a condition for transfer of khata since property tax can be demanded only after entry of name of the owner in the Tax Payment Register. Karnataka High Court.
Karnataka Land Reforms Act. Adopted son who claims ownership by succession cannot claim tenancy under the deceased adopted father/mother. Karnataka High Court.
Daksha Legal 