Transfer of Property Act. Though gift of immovable property which is capable of division is irregular, it can be perfected and rendered valid by subsequent partition or delivery. Supreme Court.
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https://www.dakshalegal.com/judgements/actionView/JxTTLi7dgch5VHESoyBJz4krF
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.
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https://www.dakshalegal.com/judgements/actionView/sVCMyPfROJTC8M6JYgp3tiYa0
Inclusion of property in a compromise petition contrary to provision of an existing law does not confer right or title on the parties. Supreme Court.
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https://www.dakshalegal.com/judgements/actionView/7rY4cMNnEg3C7hvH18HG3glw8
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.
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https://www.dakshalegal.com/judgements/actionView/EZS8eN2RcUcP6vrD6ahWShL4h
Self-acquired property of father inherited by his sons would be Coparcenery property and continues to be so if the succession had opened prior to 1956. Supreme Court.
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https://www.dakshalegal.com/judgements/actionView/A3oOEE34NLb3NbWDF6NR2vTp1
Karnataka Municipalities Act. Advance notice to Municipality is not required in a suit for permanent injunction if the very object of filing the suit is defeated by delay. Karnataka High Court.
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https://dakshalegal.com/judgements/actionView/V1yHBSc6rkNy252BgghuGo6pk
Gift is between Donor and Donee. When donor who challenged gift deed withdraws the suit, his children cannot question the gift deed on the ground of fraud etc. Karnataka High Court.
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https://www.dakshalegal.com/judgements/actionView/2q91g3Nc709suMufdZKeoYM5x
On 1st June 2024, I was a guest in a Bar Association function at Mysore along with Justice Srinivas Harish Kumar Both we met Dr SL Bhyrappa and spent some valuable time. Justice Srinivas Harish Kumar rushed back to Bangalore in urgency, me staying back.
On the next morning I spent very profitable time with Prof Ajjappa.. Even at 95, he jubilantly discussed about the works of O.W.Holmes (Common Law), Cardozo (Growth of the Law), Aharon Barak of Israel (Judge in a Democracy), Michael Kirby of Australia (On HM Seervai)& Hans Kelson (Pure Theory of Law). Oh, what a brilliant mind indeed !!!.. How time slipped away, astonishes me..
I was an ardent student of Prof Ajjappa in ULC at Dharwad during 1986-1989. In fact it’s he who secured admission for me after blasting VC of KUD for a defective Notification..
Those days, ULC was known as ‘Ajjappa’s College’. He had maintained a huge & well organised Law Library which even Prof Upendra Baxi had praised.. He was a tall personality and a very strict disciplinarian.. He had earned a great reputation for the college..He was ready even to lay down his life for it..
He used to bring great stalwarts like Jethmalani, Tarkunde, Rajiv Dharan, etc to impress young minds. He had brought lawyers of repute like Sri IG Hiregoudar, etc to teach law. He took classes when regular teachers were away..
During UGC Pay Scale strike, he placed students to take classes, and I was one of them.. He had immense admiration for hardworking students and staff.. He used to praise Kotre, who dedicated his life to Library..
Ajjappa was straight forward and a bit short tempered too.. He had slapped a Senator and matter had landed in court.. He was in the forefront in collecting public contributions for the bereaved family of Prof Seshadri who was brutally murdered in 1988 or so..
He had personally paid the hostel/mess fees of some poor students without seeing caste, creed, etc.. When he retired, many shed tears and I was a witness to that..
Post retirement Ajjappa was practising in K-HK and his advocacy was far from satisfactory.. He shortly quit the Bar murmuring ‘It’s better to graze sheep on the hill side than to be in court..’ Perhaps he was quoting Jeremy Bentham..
He served as Principal in SJR Law College; he had appointed me as a part timer though i lacked LLM. He taught in NLSUI Bangalore.. I am told, he too had played a role in founding it..He was also in Raipur & Calcutta.
Ajjappa has authored a few books and contributed many articles to the reputed journals.. His treatise on research methodology makes a good read.. To many his classes were not that impressive.. To a few like me, they were.. Discussions with him however were a treat, to say the least..
Dharwad was fascinating to him.. He remembered every teacher and student.. During visit, we used to see glee in his face.. He loved Mysore too and spent the evening of his life there with the sacred spouse.. Occasionally he would call me over phone and take class on jurisprudence.. At times he would criticise our judgements.. His memory was superb and narration of facts was simply thrilling..He had deep knowledge of Roman law and history.. He had a fair exposure to Indian & western philosophies.. He was absolutely unhappy with courts’ delays..
Often he took names of M. Hiriyanna, Dr Radhakrishnan Immanuel Kant, Schopenhauer, etc.. In the past few years he was a bit unattached to the mundane things.. He donated all his valuable books to institutions as Cardozo gifted all his property to Columbia University..
Our beloved Professor Ajjappa whom I saw only yesterday, has breathed his last, today. An Era has ended creating a big void.. ‘Old order changeth, yielding place to the new…’
When Mahatma Gandhi died, Sarojini Naidu wrote ‘Let his soul not rest in peace’ far the nation needed him.. Can we pay homage to the departed MASTER in the same words ?
– Krishna S. Dixit
Hon’ble Mr. Justice Rajesh Rai K celebrates his 50th birthday today.
Hon’ble Mr. Justice Rajesh Rai Kallangala: Born on 01.06.1974. Completed primary education at Kepu & secondary education & PUC at Vitla. Completed Degree from St. Philomina’s College. Completed LL.B., from Vivekananda Law College, Puttur. Enrolled as Advocate in 1999 and practiced in the office of Sri G. Balakrishna Shastri and Sri Younus Ali Khan. Later joined the office of Hon’ble shri Justice John Michael D’Cunha. Worked as Government Pleader for 2 years. Served as Central Government Senior Panel Counsel for 6 years. Functioned as Special Public Prosecutor for Enforcement Directorate, and Narcotics Control Bureau. Served as Panel Advocate for BDA. Practiced mainly on criminal side.
Sworn-in as Additional Judge of the High Court of Karnataka on 09.02.2023.
Important Judgments delivered by Hon’ble Mr. Justice Rajesh Rai.
IPC. Section 306. To constitute the offence under Section 306, IPC, the accused must have played an active role by act of instigation or doing certain act to facilitate the commission of suicide. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/ZvfpiM9jgk6KmdCNTV9Sogygi
Application under Order 41 Rule 27 CPC can be considered only at the time of hearing of appeal on merits so as to find out whether the additional evidence has any relevance/bearing on the issues involved. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/3yO5iXe0D8fYpw3meBwPR68uZ
Criminal trial. Denying cross-examination violates a person’s life and liberty which are not only fundamental rights but also basic human rights. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/qhP62q66ATPHhdLMUcCTX8cxa
Detention order cannot be challenged by seeking a writ of habeas corpus when the order is already confirmed by the Government. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/MnxaiWk0qwtrd7588kKIvraEd
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.
https://dakshalegal.com/judgements/actionView/7UTihjbQp9moOF1q7nhDYkqB1
Standalone distilleries established for manufacturing ethanol are not governed by the provisions of the Sugarcane Control Order, 1966. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/38cSBtPNZ8e30EypvazeF1kaG
”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.
https://www.dakshalegal.com/judgements/actionView/kIhc3BZ7KVRHEMy33ZERotrxo
Conviction for the offence under Section 366A Procuration of minor girl for illicit sexual intercourse must be fortified by sufficient evidence and reasons when the offence of rape not proved. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/msvpAAACoAfhGd53sXrnirOYr
When the prosecution fails to prove its case, benefit of the acquittal can be extended by the appellate court even to the accused who has not preferred appeal challenging the order of conviction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qosie13nmYln8Tx9PKcErf0xo
Criminal Law. Though due to passage of time and memory loss, witnesses deviate from their Police Statements, but when such discrepancies make the foundation of the prosecution case shaky, the Court has to take strict note thereof. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6hF6iROyju8TkYh7k5DLfVSAY
If deposition of the child witness inspires confidence in the mind of the Court and there is no improvement or tutoring, the Court may rely upon the same. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pQ4LAEHqp44ZJxjFgvFQO2USf
In determining culpable homicide under Section 299 of IPC, mentality of the accused, nature of the act and its effect upon the victim have to be analysed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2kZLXZsmtqwqqVeJ0eNGBgnaO
When accused are acquitted for the offences under Sections 498A, 304B IPC and Sections 3 and 4 of the Dowry Prohibition Act, conviction for the murder cannot be sustained. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9wWx3qfq6ccbcDdbHYBTCulVJ
Lack of intention on the part of the accused and commission of the act in the heat of passion upon sudden quarrel are the mitigating circumstances. Karnataka High Court reduces sentence from Section 302 IPC to Section 304.
https://www.dakshalegal.com/judgements/actionView/E1wfv4VGa0TNsLHRVavLwnGmv
Criminal Law. When trial Court misreads the evidence and arrives at a conclusion erroneously to convict the accused, the appellate Court must intervene to prevent miscarriage of justice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wy3wl6nZw7LFOxlg7RBhBtPaA
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.
https://www.dakshalegal.com/judgements/actionView/zH834ahrX6uH119xcWZfZPNRI
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.
https://www.dakshalegal.com/judgements/actionView/b10mcMM9yxepJDXmLzrfw5SNp
Criminal law. To impose the extreme punishment, all the three tests; Crime test, Criminal test and Rarest rare test must be satisfied. Karnataka High Court converts imprisonment till last breath of life to life imprisonment.
https://www.dakshalegal.com/judgements/actionView/D6g80YgX9nWSZCkF8cSdIm4iT
Criminal Law. Subsequent voluntary statement of the accused cannot be admissible in evidence and recovery to that effect amounts to “rediscovery of a fact already disclosed and capable of discovery.” Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pJvQkJitCHqzCvwPtaXmOQYzs
Cheque issued by vendor to purchaser of property as security towards pending litigation on the property is not ‘legally enforceable debt’. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Na19wjtHeYeDIZflY4Cl9AZoI
Presumption of innocence is a human right. Mere recovery of the tainted money, dehorse the circumstances under which it was found, is not sufficient for conviction under the PC Act when the substantive evidence is not proved. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/U8gDvQNhM5qyiRGF2Ky2mOvX4
Preventive detention under the Goonda Act. Failure to furnish translated copies of the documents to the detenue renders the detention unsustainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/SqYR1pzRQxlJKtLyXJ5FfBsvE
MVC Act. Contributory negligence cannot be attributed to victim riding vehicle simply because he did not have driving license and insurance, especially when he was riding on the correct side of the road. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2SppqqnSJANEF7fniHyixLjMd
MVC Act,1988. Tribunal or Court should not apply the split multiplier in routine course and multiplier should be applied. An injured or the legal representatives of the deceased should not be deprived from getting a just compensation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AnlgXgrR6BZ3aTKe2dWZExudZ
MVC Act. Tribble riding on a two-wheeler itself is not a ground to avoid insurance liability unless it is established that the tribble riding was the cause for the accident to attribute contributory negligence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MSnVkOoCzTji9yXDPJC8f8aXL
Service Law. Court cannot sit on perceptivity of the State Government in posting a person to a particular post except considering the eligibility of the person to occupy the post. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1ITxnrAiPLq9XJPQbtrJlKuiE
Failure to furnish legible and translated copies of the documents supporting the preventive detention to the detune vitiates the detention order. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/lAyMSkrkiQSbhIIptCvf9rovD
Income Tax Act. Proceedings regarding escaped assessment and notices under Section 153C solely based on loose sheets and documents which are termed as ‘diaries’ found during the search are unsustainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/p5VrCehH28SNNeiS0bZ8KRv6p
It is not always mandatory for the State Government to script the reasons for transfer of public servant when the reasonings are reflected in the records for obtaining prior-approval from the Chief Minister. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/gojWseGhQMnWDawPSZpKG73vX
Hon’ble Mr. Justice Venkatesh Naik T celebrates his 49th birthday today.
Hon’ble Mr. Justice Venkatesh Naik Thavaryanaik: Born on 01.06.1975. Native of Chitradurga. Completed B.A.L., L.L.B., from SJM Law College, Chitradurga and secured 3rd Rank. Obtained L.L.M. from Kuvempu University, Shivamogga. Enrolled as Advocate and practiced at Chitradurga. Appointed as District Judge on 02.01.2012. Served as Registrar (Administration) at High Court. Worked at Prl. Secretary to Government, Law Department. Worked as Prl. District & Sessions Judge, Udupi & Bengaluru Rural District.
Sworn-in as Additional Judge of the High Court of Karnataka on 24.01.2023.
Important Judgments delivered by Hon’ble Mr. Justice Venkatesh Naik.
“Speedy trial in NIA cases guarantees the fundamental right under Article 21”. Karnataka High Court directs establishment of three more Special to ensure speedy trial and disposal of the NIA cases.
https://dakshalegal.com/judgements/actionView/OmixS2OMoTfqrljhC59QMaM87
Karnataka High Court directs amendment of Section 377 IPC to include Necrophilia on the lines of laws prevalent in UK, Canada, NZ etc. Guidelines issued to install CCTVs in mortuaries and to maintain Mortuary hygiene.
https://dakshalegal.com/judgments/actionRead/G2tTPI5bHvYyZTiETOTGZQLha
Mere act of insulting a person would not satisfy the ingredients of Section 504, IPC. There must be intentional insult with intent to provoke breach of the peace. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ANlWC5PHPu3gpFfmASQ3WZaNd
Abetment to commit suicide. Merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that he is an offender under Section 306 of IPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/keZ3qqoSRQqgW5vyM6SfGlEY3
Additional accused can be added under Section 319 Cr.P.C. before the conviction and sentence is pronounced as otherwise the Court gets divested of its power. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/37Cps6IbF6daKOOPQDXLDoBsC
Criminal complaints cannot be quashed merely on the ground that the allegations made out by the complainant are civil in nature. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aQHSxzvJXo61DwvpyGBpluiTb
Concept of ”reasonable doubt” in criminal cases. Authoritative judgment of the Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0WFP48GqP5ActPnAhC8lTcqIP
Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZYHIFcx04MWCD3uvVPPjBcDAm
Mere expression of words without any intention to cause alarm or cause to do any act which he is not legally bound to do, or to omit to do does not constitute criminal intimidation under Section 506 IPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/P2eAMjn4QOZTLPewYr616ggyd
Courts must be liberal in allowing applications to record evidence of witnesses by Audio-Video Electronic means. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EmFyIynuOrK6b8XofVRgK4CUZ
Mere use of words ‘Investigating Officer is directed to conduct the investigation’ without applying the judicious mind, does not amount to permission by the Magistrate to take up the investigation for a non-cognizable offence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BecN0Gs6dZ7CCih7C1skDj6UK
Advocates must practice Seven Lamps of Advocacy. Making false allegations against the Presiding Officer cannot be countenanced for transfer of case under Section 407 of Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Eq3U7Bl1GRR2QN6cUG6BWbTzl
Mere act of insulting a person would not satisfy the ingredients of Section 504, IPC. There must be intentional insult with intent to provoke breach of the peace. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ANlWC5PHPu3gpFfmASQ3WZaNd
Abetment to commit suicide. Merely because a person has been so named in the suicide note, one cannot immediately jump to the conclusion that he is an offender under Section 306 of IPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/keZ3qqoSRQqgW5vyM6SfGlEY3
Additional accused can be added under Section 319 Cr.P.C. before the conviction and sentence is pronounced as otherwise the Court gets divested of its power. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/37Cps6IbF6daKOOPQDXLDoBsC
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