“Know Your Judge”. Justice C M Poonacha. Karnataka High Court.

Hon’ble Mr. Justice C M Poonacha celebrates his 50th birthday today.
Justice C M Poonacha was born on 6th April 1974. He completed Law from University Law College, Bangalore and enrolled as an Advocate in October 1997.
He joined the chambers of Sri. S.K.V. Chalapathy, Senior Advocate and later his father Sri C. M. Monnappa, Advocate. He co-founded a law firm ‘Lexplexus’ in August 2001. He handled various matters before the District Courts, High Court of Karnataka and Supreme Court of India as well as before various Forums and Tribunals as also numerous Arbitration matters.
Justice Poonacha represented various Government Entities, Banks, Insurance Companies and other institutions apart from private clientele. He was empanelled with the Karnataka State Legal Services Authority, High Court of Karnataka since 2015.
Appointed as Addl. Government Advocate, High Court of Karnataka in August 2020.
Justice Poonacha was appointed as Additional Judge, High Court of Karnataka and taken oath on 13.06.2022. His appointment is recently confirmed by the collegium of the Supreme Court of India.

Important Judgements delivered by Hon’ble Mr. Justice C M Poonacha.
Alienation of the re-granted ‘Service Inam Land’ from the period 1:2:1963 to 7:8:1978 is valid and permission for sale is only a formality since the Deputy Commissioner is bound to give permission. Karnataka High Court reiterates.
https://www.dakshalegal.com/judgements/actionView/BJgIIOisX5GEQJ1VIQOeB6Lrz
Industrial Disputes Act. Employer is not liable to pay Provident Fund contribution in respect of Section 17B wages to employee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/3COZkcdReu0NDtwgSvCvkIbML
Stay of execution proceedings under Order 21 Rule 29 during pendency of suit does not apply when the suit if filed after initiation of the execution proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/HWF0i0p1kk3zLISSyCTqYGLoD
Sale deed executed in violation of an order of injunction passed by a competent Court is unlawful under Section 23 of the Contract Act and the purchaser cannot claim any right or equity under the sale transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Q2uw7IaSqdK2fROn3UZm2nTPK
Employer is not liable to deposit provident fund contribution in respect of payments made in compliance of Section 17-B of the Industrial Disputes Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TrhlKYgo7OlRXOTg2KLIvx3z4
Industrial Disputes Act. Proportionality of the punishment cannot be gone into by the Tribunal while considering the application of the employer under Section 33(2)(b). Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/m3QivhoPb5fMOM1GDS7ga076n
Suit for recovery of arrears of rent. Landlord cannot claim enhanced rent under the lease deed which requires registration but not registered. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xGqk3fpNUCBvYIlc7mWRGn7vK
Provision regarding regulation of erection of buildings under the Panchayat Raj Act does apply to erection of mere compound wall. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Vx2kofaKE8FZeeNHlm8fnY5v6
Sufficiency of cause for wife to live separately from husband cannot be gone into in a proceeding under Section 125 Cr.P.C. Negligence or refusal by husband to maintain is sufficient. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0LVZn0rgkUrSMQYO99nrs00qH
Execution of decree. If objector claims through Judgment Debtor, the application is to be rejected. If the claim is based on an independent right, such an application shall be enquired into. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aYtutQ3CiGIDjIKd7NV2KwVu8
Remand of the entire suit for fresh trial when the first appellate Court records a finding that the decree was a collusive one and material facts having been suppressed, is permissible. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oCG2NsjzPTMZaHESSuN45jI9c
Civil Procedure Code. Summons served on wife of defendant is sufficient service. Presumption arises that the defendant had knowledge of the suit and the date of hearing mentioned in the summons. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2bQvHCIEhHcWq7VD0L5G4qhkg
The only relevant issue in a suit under Section 6 of the Specific Relief Act is prior possession and illegal dispossession therefrom. Title to the property is irrelevant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JV707aPMuxGJMz83tvQSrn1Sx
Withdrawal of suit without liberty to institute a fresh suit as contemplated under sub-rule (3) of Order XXIII Rule 1 of the CPC operates as res judicata for fresh suit on the same cause of action. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8RtfFt0Dnj8imnjO3wrEchf8E
Question of limitation in a suit for partition arises only if defendants prove ouster of plaintiff from the joint family properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eKWE0e5fGBDeR6MKN58wlVCmv
Suit for partition. When one co-sharer is in possession of the properties, all other co-sharers are presumed to be in possession on the basis of joint title. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n2oo8U8EiWNNe1AIDzGXYYxlz
Executing court can go into validity of claim based on Will in final decree proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2ESKgcXmB5uqD4jX89L1vBS4r
Execution Court must consider whether a portion of the property is sufficient to satisfy the decree. Failure amounts to ‘substantial injury’ within the meaning of Order 21 Rule 90. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fTdXMOBVJ3t1dzRBIG3wVNItJ
Karnataka Co-operative Societies Act. Once the calendar of events is published, the District Election Office loses jurisdiction and cannot order postponement of the elections. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BGMonYvoHhixtQHdWJIB2AX3v
If majority of members of a Co-operative Society resign thus bringing strength below the quorum, then all other members shall be deemed to have vacated their office and fresh election shall be held to all the posts. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n5eZNsiFHG0kOOV4bacNcTlku
‘’Land acquisition for public purpose. Procedural defects which do not go to the root of the matter should not be permitted to defeat a just cause’’. Karnataka High Court while upholding land acquisition by the BDA.
https://www.dakshalegal.com/judgements/actionView/qcpe4j5ctWMt2jSgFgXvc9WI9
Employers Compensation Act is a beneficial Legislation which requires liberal interpretation. Liability of the insurer cannot be limited to the actual wages paid by the employer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/4EJBeuBU6azCVJrUivOh7X4eA
MV Act. Tribunal cannot simply rely on the pleadings by claimant about his income while applying Section 163A. Tribunal can independently assess the income to give benefit of the section. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nA3rvcSTTM9nispZdM4xlejao
Payment of Gratuity Act. Impleading principal instead of the management in claim before the Controlling Authority will not vitiate the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LAA4R4kciq3iVNGwQx8X1zUE0
Independent suit to set aside compromise decree is maintainable by a person who was not a party to the compromise decree. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eVP2Ip56VZ52xXPMWxIfwEJ9G
Decree of mere declaration of title granted by trial court cannot be set aside when the plaintiffs had sought for other consequential reliefs also in their suit. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kwBUhhl9ZriyTHFEkPyPfB2wj

“Know Your Judge”. Justice Dr. H B Prabhakara Shastry. Karnataka High Court.

Hon’ble Dr. Justice Hosur Bhujangaraya Prabhakara Sastry celebrates his 62nd birthday today. He was born on 04.04.1962 at Davangere. Completed Law Degree at R L Law College, Davangere. Obtained MA and LLM degrees from Bengaluru University and Ph.D from National Law School of Indian University. Enrolled as an Advocate in the year 1991 and practiced at various Courts at Bengaluru and other places and also served as Standing Counsel for undefended accused in the Sessions Court of Bengaluru Rural District.
He was appointed as District and Sessions Judge on 27.05.2002 and served at Kalaburgi, Bengaluru, Bagalkot, Chikkaballapur and Tumkur and also served for a short period as Registrar in the Registry of Supreme Court of India. Appointed as Additional Judge of the Karnataka High Court on 21-02-2017 and Permanent Judge on 03.11.2018.
Important judgments delivered by Hon’ble Dr. Justice H.B. Prabhakara Sastry.
Defamation. Statement made in open court during evidence amounts to publication. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Xx83Ieah52chjiHfrrunKS93L
Criminal law. Call records regarding conversation between accused and deceased are inadmissible in evidence unless the
Certificate required under Section 65B of the Evidence Act is produced. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/sRsc59ZvrxNYUfN0wMgVfjdmw
NDPS Act. The Intelligence Officer of NCB is authorised to file a complaint under Section 36 instead of police report. When a complaint is filed, accused can NOT claim default bail under Section 167-2 Cr.P.C. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/XQpU53mP0XAlYUp5q55a4UpgS
Negotiable Instruments Act. Alteration of cheque date. If alteration is made when cheque is issued or made later with privity of parties and in the absence of any fraud, the cheque is valid and enforceable. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FNJpXuUuJc8eMa4wrFndOohRD
Negotiable Instruments Act. 1881. Section 138. Notice demanding lesser amount than the cheque amount, after giving deduction to part payment, is NOT a defective notice. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/FQ7ALto65kqwMAAt2aPVdBiN8
Motor Vehicle Case. Claimant being intoxicated at the time of accident cannot be a ground to deny compensation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/6XtyqPT2cwT5UCvW3Txmlp9ZR
Court cannot receive and admit documents merely reserving liberty to opposite party to object at a later stage. Court must hear and decide immediately when production is objected. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/gwNValVtNjcG2N1vsF0VbRkmH
Mere participation of more than one accused does not constitute criminal conspiracy unless there was meeting of minds among the accused which resulted in crime. Karnataka High Court reiterates.(DB)
https://dakshalegal.com/judgements/actionView/DuIk1yAs9WaR2EkGxUU4xqnyR
Mere possession of liquor, without the knowledge on the part of the possessor that the bottles were unlawfully imported,
transported, manufactured, duty-escaped does not constitute offence under the Excise Laws. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jLH1e7ttLnceEQrA1V3KHSTeG
All the offences under the Negotiable Instruments Act are compoundable and the parties can compound subject to payment of graded cost. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4IfAEzY283mth5WU5Zb8rbTKi
Criminal Law. When the article from which ‘chance fingerprint’ was lifted is not produced, mere report of the fingerprint expert cannot be relied on. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/zRxqDg1x4qQaq6BlOeWoRGkFq
False recital made in a sale deed cannot be construed as a ‘statement made before the Sub-Registrar’ to attract penal provision of Section 82 of the Registration Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/W09ZCxoPYBdT60EDwLGPLpBp5
Rape on minor. Calculating age of victim girl based upon her mother’s married period is highly improper when there is sufficient evidence to determine the age of the victim girl. Karnataka High Court reverses acquittal of the accused. (DB)
https://dakshalegal.com/judgements/actionView/mrnKhdt4GG6g2lRVjM0vyNWfQ
Prevention of Food Adulteration Act, 1954. Variation in quality and misbranding need not be injurious to health to constitute offence under the Act. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/HhV2Qm8g1Pq19Hz7ialrXApV1
Criminal Law. Remitting matter for a denovo trial should be exercised as a last resort to avoid grave miscarriage of justice defect which cannot be cured at an appellate stage. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/EFMguHkSPNNZQgAcQCcXe7aaE
Cr.P.C. Section 125. Delay. Deserted wife bearing patiently for a few years, hoping that her husband would take her back, would not by itself disentitle her from claiming maintenance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/JDCpEygujoFpMJPT1WzRKsPbL
Cr.P.C. Section 125. Though second marriage during first marriage is nullity, if the husband married again by concealing first marriage, the second wife is also entitled to maintenance. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/gg6vPsYwVkwsGJw0sjHBetKes
Trust Act. Petition under Section 34 seeking opinion of Court in management of trust property is not a dispute raised before Court. Section does not apply to suits involving disputes. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1y313v7iguVMc0bfe9owUaw8z
Motor Vehicles Act. Bank account passbook which does not contain entries of business income or profit and loss statement cannot be relied on to determine the compensation. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1OGgcdMKtf3rv2qBoUUcOn0GJ
Transfer of immovable property implies and includes in it transfer of structure put up thereupon though not specifically mentioned in the deed of transfer. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/2joJRVp9GmYaqyEqLcVf5Yh4u
Suit for specific performance. Genuineness of the sale agreement. Purchase of stamp paper under the heading “Bond” instead of “Conveyance” is a factor to be taken note of while considering the genuineness of the sale agreement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/1x8YMZC37WdPRb5jVTxxGmL08
Suit for specific performance. Defendant who never questioned financial capacity of the plaintiff to perform his part of the obligation under the contract, cannot raise it for the first time in the appeal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/jQd9LPUrNewKoKVvm1ssvcphK
Suit for specific performance of sale agreement is not barred under Order 2 Rule 2 CPC when the earlier suit is only for injunction though based on the very same agreement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4orsRKDmv7R3kPP46yv7JdcKz
Ownership and management of Temple built on Government Kharab land cannot be claimed by private persons especially when it is dedicated to the public. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/dyTW5LxjrcUgkaUkIyRLv2vm9
Wakf Act. Civil Court can entertain suit or proceedings in relation to any question not falling within four corners of the Wakf Tribunal. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/Zpg8w9iB95l7SuFPeRftPa5mv
‘Last Seen Theory’ under Section 106 of the Evidence Act does not directly operate against either a husband or a wife staying under the same roof as being last person seen with the deceased. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/4H8JaQcyd8d5JVHAaQP9hSQak
Trademark in the name of Deity/God is also entitled for protection against infringement. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/goooynRqsueObRC415ItvCcoi
Defendant can claim title over property by adverse possession by way of counter claim in the suit filed by the plaintiff for permanent injunction. Karnataka High Court permits amendment of the written statement.
https://www.dakshalegal.com/judgements/actionView/SzU642qzYE1btoOv8wfHKFm0w

“Know Your Judge”. Justice V Srishananda. Karnataka High Court.

Hon’ble Mr. Justice Vedavyasachar Srishananda celebrates his 58th birthday today. Justice Srishananda was born on 29.03.1966. He was appointed as Additional Judge of the High Court of Karnataka and taken oath on 04.05.2020 and Permanent Judge on 25.09.2021. His father Shri. Vedavyasachar is one of the leading lawyers in Karnataka known for his command over Civil laws and extensive practice in that field.
Important Judgments delivered by Hon’ble Mr. Justice Srishananda.
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wbnmmbTyGhLBHbzQWaHLIGcTN
Copyright Act. When once positive action is taken by the copyright holder of infringement, action under Section 60 challenging groundless threat of legal proceedings would no longer survive. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/SAcs1pPMPVj3v2NPX8CjCwm2N
Suit challenging a compromise decree passed before the Lok Adalath on the ground of fraud is not maintainable since the only remedy is to question the same under Article 226 and 227 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vvOaN6gF7FQhPjsU9Ii0cebZs
Daughter-in-law cannot claim maintenance against her parents-in-law under Section 125 of the Criminal Procedure Code. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/kPtjApw9uZLD9gOrw9ffVoRR4
Plea of prior partition in a suit for partition is available only if all the necessary parties were included in the earlier partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eMgQkQNDQUv6q5kPXnY9x8bsZ
Income Tax Act 1961. Company ceasing to exist on the day of passing assessment order as a result of its merger under the approved scheme of amalgamation. Assessment order against such non-existent company is invalid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FAWoQOXlZLfmfu3z5vewi8RDF
‘Acid attack is not only a crime against victim, but a crime against the entire civilized society. It is high time to deal with the acid attackers with iron hand.’ Karnataka High Court upholds life sentence to acid attacker.
https://www.dakshalegal.com/judgements/actionView/0YkRvJRrnLkrok11ekMO10wLD
Criminal Procedure Code. Section 267. Accused can NOT be detained by the jail authorities only on the basis of ”body warrant” without there being any detention order or judicial order. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uHJh3z9PYXVFk1KZp3n2a3Hio
Public nuisance. Executive Magistrate must afford sufficient opportunities to the parties and record evidence and arrive at a legal finding that the action complained has resulted in nuisance to the general public at large. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OlyzjPD8LGdJGbFKW1Uu1f2Y9
Bulk allotment of lands in favour of house building co-operative societies by BDA is valid and the society can seek permanent injunction on the basis of such bulk allotment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jcYPNcWA1OnAsTgzfsjt5n1FA
Statutory body using public money to indulge in frivolous litigation. Karnataka High Court imposes cost of Rs. 5 lakhs on the Bangalore Development Authority.
https://www.dakshalegal.com/judgements/actionView/sEp8AlnggOxhUJq7Lifwdbq5f
POCSO Act. Special Judge has no power to reduce minimum sentence of seven years for the penetrative sexual assault punishable under Section 4. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/elCK4hqctbj6MbVNFhrL0iCXP
Acceptance of ‘B’ report by the Magistrate cannot be reversed by the District Judge in revision without issuing notice to the defacto complainant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xIrHntA9nSiv3dPw9oHHu0JER
Protection of Women from Domestic Violence Act. Husband cannot be forced to keep both first and second wives in the same house. Karnataka High Court modifies trial court order.
https://www.dakshalegal.com/judgements/actionView/WQOdfRT8KGZGFXry16SwHc5TO
Wills. Attesting witness is not just a ritualistic signer of a document. He is a key player in putting the plan of action of the testator into reality after the death of testator. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6BlQsiwwg8tLsEq1rOkx6Hqie
Being physically handicapped by itself is not a favourable factor in considering the bail application of the accused when the gravity of the offence is serious in nature. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MnRIcmtnBlKPmIPV0iuYhe54x
POCSO Act. Undertaking by the accused that he would marry the victim girl if released on bail cannot be countenanced either to grant bail or to quash the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nJaPDrJxKoa32QsiLCDObz9SL
Initiation of criminal proceedings under the Karnataka Protection of Interest of Deposits in Financial Establishment Act against director of a company without preliminary enquiry is illegal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rYHN5JxyE29862S5lJi6rJRbd
Insecticide Act. Non impleading the company who manufactured the pesticides vitiates criminal prosecution. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/u122zBeefiwhpnTrOzStEa55K
Anticipatory bail. Though Court can’t hold a mini trial on merits, usage of deadly weapon and attack on vital part of the body are factors to be considered to reject the petition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ENAznsletM4XsJCFUn8yL6WOY
Violation of privacy. There is no requirement for the Police to take permission of the Magistrate to register the case under Section 66E of the Information Technology Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Cpth124GZBcGSETM7yfE9Jt4L
Second marriage by Muslim woman without divorcing the first husband is ‘Batil’ and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oGwTSmwxmoxdEUi8jyNymxLZT
Summons to produce document or other thing under Section 91 of Cr.P.C. The power is not limited to the enquiry or investigation but it would also extend for trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AMm8ul2EFzBVjRoZ8e82VqtrD
Motor vehicle accident. Criminal prosecution against subsequent purchaser cannot be launched unless the erstwhile owner gets his name removed from the RTO register and enters the name of the subsequent purchaser. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2RFmZaDGzGNpSRE9kkdYmTMLV
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wbnmmbTyGhLBHbzQWaHLIGcTN

“Know Your Judge. Justice K S Hemalekha”. Karnataka High Court.

Hon’ble Mrs. Justice Kannankuzhyil Sreedharan Hemalekha celebrates her 49th birthday today. She was born on 28th March 1975 at Belgaum to Late Sreedharan who was serving in Airforce and Late Chandramati who was homemaker. Passed S.S.L.C. from Divine Providence Convent School, Belgaum in the year 1990. Awarded with Student of Indian Classical Dance and practised Bharatanatyam, Kathak and folk Dance forms since the age of 6 years and completed 2 exams in the field of dance.

Justice Hemalekha obtained Bachelors Degree in Commerce from Gogte College of Commerce, Belgaum in the year 1996 and Law Degree from Raja Lakhamgouda Law College, Belgaum in the year 1999. Enrolled as an advocate on 31st July 1999. Practiced as an advocate from 1999 to 2000 in the chambers of Sri Ashok M. Potdar, Advocate at Belgaum and continued practice from 2000 to 2008 in the chambers of Sri G. Balakrishna Shastry, Advocate at Bangalore practiced before Hon’ble High Court.

In 2008 she established independent office and practiced as an advocate in High Court of Karnataka, Dharwad Bench. Appeared before Civil Court, Magistrate Courts, Administrative Tribunal, Appellate Tribunal, Land Tribunals, State Commission and District court. Practiced in the areas of Civil, Service, Land Laws and other allied laws. Appointed as Central Govt. Standing Counsel in March 2018.

Justice Hemalekhs was sworn in as Additional Judge of the High Court of Karnataka on 08.11.2021 and as Permanent Judge on 21.09.2023.

Important judgments delivered by Hon’ble Mrs. Justice K S Hemalekha.

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.
https://www.dakshalegal.com/judgements/actionView/3te4iLh23TBvRhUBvByspiN8c
Ineligible candidate cannot plead his innocence in the selection process. Permitting ineligibility to triumph would have the effect of perpetuation of illegality which cannot be allowed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2dtz7B2adBTyEBNBfw1TzH0oH
Where information obtained under the RTI Act is not challenged as regards its veracity, the source of information is irrelevant and cannot be excluded from consideration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0IktPyyEOY6jvj4Xxr2ccoOLJ
False allegation of impotency by wife would cause mental disharmony to husband and amounts to mental cruelty, which would enable the husband to seek divorce on the ground of cruelty. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/5hp7g7CWnH668ZRpaKOcpZZEz
Proceedings before the mediator are confidential and cannot be relied on by Courts in deciding cases on merits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xZXEdOEVPYIrXxuIfxE95nYUE
Court can allow amendment of pleadings even after commencement of trial if it is satisfied that inspite of due diligence the party “could not have raised” the issue before commencement of the trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WaX16qLZcp7ZZyh7eFPqYGnDa
Judges cannot maintain angelic silence when the court orders are violated with impunity. Karnataka High Court convicts husband who failed to pay maintenance to wife despite repeated court orders.
https://www.dakshalegal.com/judgements/actionView/mKaVg1ZSlU8WdCiGY8MwkT9yr
Preventive detention. Detaining authority cannot plead ignorance of representation by detainee. Non-consideration of the representation renders the detention illegal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uxfPpO5NbKzlgJJNkXJeDDXOq
Karnataka High Court deprecates speculative litigation by colleges harming educational prospects of the students. Imposes exemplary costs.
https://www.dakshalegal.com/judgements/actionView/e66BRxeHwkda3cRTpaVBQyuGB
“Unborn child has a right under Article 21 of the Constitution of India.” Karnataka High Court while nixing the agreement to adopt unborn child.
https://www.dakshalegal.com/judgements/actionView/qGDWkrXKEkdkSbStLTgzVGWCn
Willful disobedience of the Court order to survey land of the aged/poor farmer. Karnataka High Court imposes cost of Rs. 3 lakhs recoverable from the Tahsildars responsible for the inaction.
https://www.dakshalegal.com/judgements/actionView/P7L8xsJ9Ftn31Xi5EUxzRyYxU
Muslim couple enter into agreement to adopt unborn child of Hindu couple to overcome Muslim Law barrier. Karnataka High Court expresses shock while nixing the agreement.
https://www.dakshalegal.com/judgements/actionView/LdDURFb0oyUCI1CKzs6Ht8viF
Association providing recreational activities such as Rummy Card Games, Chess, Carom, Billiards/Snooker and other Skilled games only to its members is not required to obtain license under the Karnataka Police Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/mkfkkj0wMtJIiGKmQiE78AKkd
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.
https://www.dakshalegal.com/judgements/actionView/Yn3aGBzO2cTIfUr28Ell4GkmE
“It is the duty of the Court to uphold and maintain the dignity of the Courts and Majesty of the law”. Karnataka High Court sends the contemnor to jail for selling property in gross violation of interim order.
https://www.dakshalegal.com/judgements/actionView/l99JHmqInDCZZT8yj3E6xS8KR
Right to Information Act. Second appeal under Section 19(3) of the Act by the Public Information Officer is maintainable even in the event no first appeal is preferred under Section 19(1). Karnataka High Court reiterates.
https://www.dakshalegal.com/judgements/actionView/bviprOkeCfqTA0cUJCEahuYMe
Maintenance and Welfare of Parents and Senior Citizens Act. Transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor. Karnataka High Court reiterates.
https://www.dakshalegal.com/judgements/actionView/aUu8uX7bmkOYVriDpbGom08vE
Establishment of circuit Benches ensures speedy and qualitative justice to the needy citizens to their door steps and creates an opportunity to young advocates to excel in profession. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PI16Z72gWK8fAaraky3FV7eL7
When Civil Court has already dismissed suit for specific performance of sale agreement, the Registrar cannot order registration of the agreement under the Registration Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xmiBHUinshgqpSH5OT6bB1XDT
Unconditional allotment of property under a partition will not attract the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/IcElYDIkll3PY6rsAHzIlWsI8
Karnataka Court Fees and Suits Valuation Act. Agricultural land coming within municipal area shall be valued as urban land though it is not converted for non-agricultural purposes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/U08mg2b4oy99jWjZ2rTV67S82
Suit for declaration of the title based on fraud, coercion and misrepresentation shall be filed within three years from the date of registration known to the plaintiff or when the right to sue first accrues. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AqJHrMMCBKOoldjx8oCmaX20l
Suit for partition based on amended Section 6 of the Hindu Succession Act. Plaint can be rejected in respect of a particular item of property which was already sold prior to coming into force of the amendment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/4bxoXdtBsWCPhQ5AEo3IPDnM1
Karnataka SC/ST and OBC (Reservation of Appointments) Rules. Only the Director of Civil Rights Enforcements can prosecute regarding fake caste certificate on the report submitted by the District Caste Verification Committee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/khTB1remmyG3VDzEL7ZE4X8sr
Foreign Contribution (Regulation) Act. Mere possession of permanent registration does not permit recipient to get amounts credited to designated savings bank account. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/p29mXduwGd9hL8sYtvH7erBQg
Examination of attesting witness to prove registered Gift deed becomes necessary only if the executant denies the deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aGEtm93I7fsUM1EOnE8UrI127
Civil Court has no jurisdiction to deal with the correctness of the Land Tribunal order granting occupancy rights. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/opNn8Uxs24o34dm24CEOnCWDz
Pleas of title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zgWvKR6GXt3zkIs0yAonm1gdE
Mere entry in the revenue records would not confer any title without there being a registered document conveying the title to the property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Owdz2IIOQ4bI0544dzq9XQKZ2
Adoption. Except the genitive parents, adoptive parents and the adoptive son, others have no locus standi to question the validity of the adoption deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0EaKcDc0zRqQDqQjBitIqKknY
‘’Merits Uniform Code on the subject for the whole of India’’. Karnataka High Court on the Hindu Adoption and Maintenance Act.
https://www.dakshalegal.com/judgements/actionView/FloCtPOopG7rftwU1Vw1WTmEV
Transfer of immovable property by way of sale can only be by a deed of conveyance duly stamped and registered as required by law. No right, title or interest in the immovable property can be transferred by way unregistered document. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/UfBVyOl3H6esVdRbN6mG4oOwL
Transferee under an agreement of sale cannot resist suit for possession when there is a failure on his part to bring a suit for specific performance of contract within the period of limitation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fZak52U9oR6D7qVhfWpVRiVM2
Employees State Insurance Act. Authorities cannot straightway issue garnishee order under Section 45G without affording an opportunity to the employer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qYoipFbhpdtLtDb8Fq22PfcV5
Industrial Disputes Act. Employees who voluntarily retire from service having accepted benefits under voluntary retirement package cannot raise industrial dispute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/g7BOrGfkC80daY0n06krfwFne
Labour Law. Minor punishment imposed by the management cannot be interfered with by the Labour Court unless there is want of good faith, victimization, unfair labour practice and violation of principles of natural justice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XQKipEmJaGbO424nAIdX2SLyw
Payment of Gratuity Act. Service rendered by an employee as daily wager before his regularisation shall also be taken into account for the purpose of calculating the gratuity. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wWYW2ppPDu5eiJqr6hdSgbHRr

“Know Your Judge”. Justice M. Nagaprasanna. Karnataka High Court.

Hon’ble Mr Justice M. Nagaprasanna celebrates his 53rd birthday today. He was born on 23 March 1971. He is a very good cricket player and known for maintaining calm composure throughout the day. He delivered 50 Judgements in a single day apart from dealing with 482 criminal petitions filed under Section 482 Cr.P.C !

Justice Nagaprasanna was appointed as additional Judge of the High Court of Karnataka and taken oath on 26.11.2019 and Permanent Judge on 08.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice M. Nagaprasanna.
Service Law. Employee of a Gram Panchayat cannot be removed on acts of misconduct without enquiry. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/VzbBse4PKDTviqTPTzoIM7DGk
Karnataka SC/ST Commission has No powers to deal with matters under Karnataka SC/ST (Prohibition of Certain Lands) Act, 1978. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/gbtITYCmpJNLXhBcCIbdbHKVP
“It is better to wear out; than rust out’. Gender neutral provision i.e. Section 24 of the Hindu Marriage Act cannot be used by lethargic husband to seek maintenance from wife. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LhT808ps82hR9utTNwZXqKEYr
Karnataka SC ST PTCL Act. Conversion and sale of granted land by original grantee after prohibition period. Conversion amounts to deemed permission. Sale is valid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MpgVIi5oBaiprLIsTcKruGh0x
Public procurement cannot be frustrated due to delay in disposing the appeals by the Appellate Authority. Karnataka High Court stresses the need for speedy disposal.
https://www.dakshalegal.com/judgements/actionView/dMzbxrgt7ZYWX9hV8uEO7bqkD
Industrial Disputes Act 1947. Section 17B. Payment of full wages to workman pending proceedings in higher Courts is not absolute especially when relation of employer and employee is in serious dispute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/In1ajZiP7Bm0vOzTw6nZlDfJ1
Payment of Gratuity Act 1972. Payment of gratuity would NOT depend upon an application being made by the employee. Employer is duty bound to dispense gratuity immediately after cessation of service of an employee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Hzul8eIzbciEizVHDuJ1X3Kmp
‘’Pension is trite, not a bounty’’. In genuine cases where pensioners are unable to visit up to the Bank, it is the duty of the Bank officers to visit those persons and take Life Certificate and update them on the system. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jqaTB7mcDqYorE2zKq3IhQ7uV
‘To err is human. Infallibility is unknown to humanity.’ Mistake in mentioning caste status shall not result in loss of employment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PFjct5XoIOha46k7UBfbLOs5g
Karnataka High Court quashes imposition of Ground rent, License fee, Scrutiny fee and Lake Rejuvenation fee by Bruhat Bangalore Mahanagara Palike as without jurisdiction and ultravires.
https://www.dakshalegal.com/judgements/actionView/C2SyPNn8BqWwgcPDFS3FcMJtc
Karnataka Cooperative Societies Act. Person seeking employment, who has not yet become employee of the Co-operative Society, need not raise dispute under Section 70. Writ Petition is maintainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/DOB9m9TWgcB6EpAxz6zvIPhsb
‘It’s high time the haves stop despoiling the rights of have-nots; the haves, I mean, those who have power.’ Karnataka High Court restores property to the widow of the manual scavenger, which was illegally snatched by the statutory authority.
https://www.dakshalegal.com/judgements/actionView/JfOet7rACVbiqrb21bL73sZ9J
“Law abhors Statelessness of children”. Karnataka High Court comes to the rescue of minor child who lost Indian citizenship after the mother renounced Indian citizenship. Directs issuance of passport till the child attains majority.
https://www.dakshalegal.com/judgements/actionView/N8upnvabJJTLt9yt5VZC7PAOn
“Section 12 is the salt of the statute; if by delay the salt would lose its savour; the statute would lose its flavour”. Karnataka High Court issues directions for speedy disposal of applications under the Protection of Women from Domestic Violence Act.
https://www.dakshalegal.com/judgements/actionView/ztbHzmYyELq7M77xU7roxrFZN
Criminal Procedure Code. Court trying criminal case has no power to impound passport of accused since impounding of passport can be done only under the Passports Act, 1967. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Gr7TrbCktHCX4klJjtnl3yn3J
Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pfsOJfUDGPnYXTLFgNWTkELF9
Indian Penal Code. Section 376. No exemption is absolute. Husband using wife as sex slave can be booked for rape. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/24MkMPeFnUfEvsnRdeENMwnjz
Externment under the Karnataka Police Act. Authorities must remember that what is being taken away from the citizen is a fundamental right. Reasonable opportunity mandated under the Act must be followed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vfzU9eDBJN0DcrPH4Eswhe1wM
“Disqualification of a tenderer or termination of contract can happen only in tune with clauses of the tender”. Karnataka High Court orders restoration of tender which was recalled arbitrarily.
https://www.dakshalegal.com/judgements/actionView/XNYeIy4xyqZzuGoSbEtH7muog
There can be no criminal liability against landlord if the tenanted premises is used for immoral trafficking without his knowledge. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0oZ9b7LSP1PrFJCaIGjOaLEkK
Merely because charge sheet did not accompany FSL report, accused cannot contend that he is entitled for bail especially when Police report with necessary details is filed within time. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nK6zevk5aoVRmiStIKUkL3MOq
Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pfsOJfUDGPnYXTLFgNWTkELF9
Criminal proceedings against public servant for defamation cannot be initiated without prior sanction under Section 197 of the Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EDEQbhi8eXpw5KV1w2KInFWO1
A woman accused is entitled to bail even in a murder case under the first proviso to Section 437(1)(ii) Cr.P.C, when the accused has no grave criminal antecedents. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/G3DtVkqTLhiwPRFhQTmfVrqe2
”Bald and imaginary allegations do not constitute foundation for criminal offences”. Karnataka High Court quashes criminal proceedings by wife against the entire family of the husband.
https://www.dakshalegal.com/judgements/actionView/4amBQVK9NCiqy1589E2wPaPzj
Wife filing complaint under Section 498A, IPC simultaneously or immediately after husband issuing a notice for divorce will not and can by no stretch of imagination result in the complaint rendering itself insignificant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NjH7h3HPzxR9aLqwCdUVZMQLR
Annulment of marriage does not give right to husband to retain articles of the wife carried by her to the matrimonial house. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/p5OdyB25tORdIcDE74zMv4VFj
Second petition under Section 482 Cr.P.C to quash criminal proceedings is maintainable only in exceptional cases where there are changed circumstances. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nYTTtLXldt8DQxYM9aLricWHd
Power of attorney holder of an accused in a criminal case cannot maintain a Petition be it under Article 226 or 227 of the Constitution of India or Criminal Petition under Section 482 Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/g575henfqdSz7GEf6AMcNCMBQ
Criminal Procedure Code. Charges can be altered anytime during trial and even after the matter is reserved for judgment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0GcUm3W3m7FCFWUa23Qnhn94D
Pure official communication between two people does not amount to ‘publication’ within the meaning of Section 499 IPC to constitute the offence of defamation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/IBNsMuHNvLRg3p9mpFHohCD0h
To constitute offence under the SC /ST (Prevention of Atrocities) Act, hurling of abuse must be in in a public place or in a place of public view. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xTO0kdDKpppMck7qD185NS4Eu
Causing death by negligence. Section 304A, IPC. Architect who designed the house cannot be prosecuted for death of construction worker in on-site accident. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/MO3pR3vd6xSF9RCEusmP2vSGG
Interim compensation in cheque bounce cases. Magistrate can award compensation ranging from 1% to 20% in a cautious manner and after recording the reasons. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eWqznVn3UfXEai9UqAbWemPFp
Criminal Law. Doctrine of sameness does not apply when the complainants are different and there is no certainty of time and period. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qS0GCuUKFaWRbwVHN1lh1LEca
Cheque bounce case. Directors/Chairman of a company cannot claim that they are not privy to the transaction between the accused and the complainant when the complaint clearly narrates their role in the transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GudwNeB6sfBo2i8T71uyGNtDc
Mere breach of a development agreement cannot be made use of by the prospective purchaser to set criminal law in motion alleging criminal breach of trust. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AdH5nPfylFa0bXf9OOUa9hTBL
Cheque bounce case. Taking sworn statement first then taking cognizance and issuing summons would not vitiate the proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2OebM5gXMY9TxvLK6Kk2I9vAn
Special Power of Attorney holder who is aware of the transaction can initiate proceedings under Section 138 of the Negotiable Instruments Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sqsjTZ2baQSvT0u7O2G3ztabc
IPC. Section 304B. Wife committing suicide even after two years of leaving the matrimonial house can in certain circumstances come within the meaning of ‘soon before death’ since it would be a matter of evidence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ziJPUxLPdfmgX8AH8izpBBrmN
Criminal Law. If the complainant himself is not in possession of the property, question of criminal trespass does not arise. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/hfwGdD5khxdFlfw35BxXf5ZRu
Setting the criminal law in motion for recovery of disputed money is not what criminal law should be used for as it would amount to misuse of criminal law as a shortcut to seek recovery of money. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GmINBjpr3ly3j2ypAmN6MMhpJ
“ACB blissfully ignored the ABC of procedure’’. Karnataka High Court quashes criminal proceedings initiated pursuant to casual act of drawing up source information report, registering FIR and conducting the search by the Anti-Corruption Bureau.
https://www.dakshalegal.com/judgements/actionView/fUlQ1xGpTOtsXeKZ5qvAg46p0
Employee of Karnataka Milk Federation is ‘public servant’ under the Prevention of Corruption Act, 1998. Karnataka High Court upholds criminal prosecution against General Manager of Nandini Milk Products.
https://www.dakshalegal.com/judgements/actionView/1lTK542sSZdN8ioHTHc4ZjbLE
Second petition under Section 482 Cr.P.C. is maintainable after the Magistrate takes cognizance and issues summons on the final report/charge sheet.
https://www.dakshalegal.com/judgements/actionView/sSkncCY5fpFjmQPdbCOe18ulu
Bank cannot initiate criminal proceedings alleging loan fraud when borrower’s declaration as ‘willful defaulter’ is stayed by Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y63XUX4diqm1NFMhmy9fJjiBs
Service Law. Rejection of claim for regularisation on an earlier occasion will not be an impediment for fresh consideration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AOdkcKXBUQgtAtH3QBQjYI8f1
A teacher is the lamp of knowledge who moulds the life of children. State must stop appointing teachers on contract basis through outsourced agencies by process of inviting tender. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/KWuq7E4Zgk6fb2IS9RgvRLg0f
Look Out Notice. An accused who is enlarged on bail should be made known as to why his travel is being interrupted. He must be served with copy of Look Out Notice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jy1SEvMzvOsECv7eWYvgP9qft
“Fair trial includes fair investigation which is part of Article 20 and 21 of the Constitution of India.’’ Taking note of utter failure of the Police to deal with powerful accused, Karnataka High Court refers murder case to CBI for further investigation.
https://www.dakshalegal.com/judgements/actionView/Xg9uIUUbrfKkpwo0xjfCuLH66
If a document having direct nexus with Court proceeding is fabricated outside Court and produced later in Court proceeding, inquiry under Section 340 Cr.P.C can be initiated for the offence punishable under Section 195 IPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/D5duzNQrPyzPl0AqfedpSdej6
Maximum period seized gold bullion/gold ornaments could be held is 15 days or one month and later interim custody should be handed over to the victim/complainant/applicant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GRvQcQs5JzLsYDAUjLFJ9O4qX
Public procurement cannot be frustrated due to delay in disposing the appeals by the Appellate Authority. Karnataka High Court stresses the need for speedy disposal.
https://www.dakshalegal.com/judgements/actionView/dMzbxrgt7ZYWX9hV8uEO7bqkD
Collision in high seas. Provisions of the IPC apply even when the ship is flagged outside India and the flag ship does not come within the territory of India so long as the accident takes place within Exclusive Economic Zone. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Du4mkyoGs5wDhfpQri29YPagV
Offence of criminal conspiracy can be a standalone offence in certain circumstances particularly in financial transaction cases. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cOkww7Zd9JsMjqTa6Y2RPBalm
Invocation of SARFAESI is not a bar for Bank to initiate criminal action if account is declared fraud. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/tOxwbVN1xwR8aEu2o4Lfx5h1D
Standing Counsel of a statutory body cannot be booked for cheating for the adverse Court orders. Karnataka High Court admonishes the Registrar of RGUHS.
https://www.dakshalegal.com/judgements/actionView/IUQft60iqriThmmz0viU4iXNM
Cheating in the name of online wellness therapy. Karnataka High Court refuses to quash criminal proceedings against ‘Tinder Lurer’.
https://www.dakshalegal.com/judgements/actionView/D5j65rrHCNvOax89RbrsDTn7x
DNA test result is only a corroborative evidence and cannot be conclusive in crimes involving sexual assault on children. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/chDp7EHHktQJrBHPqaH7qWlhg
Karnataka Societies Registration Act. Pre-registration acts cannot be considered for the purpose of invoking Section 27 since the Act makes acts to be unlawful activity only after the registration of the Society. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y2eYXKJRxIGkZJSckYgf3dkPs
N.I.Act. Where there are clear averments in statutory notice and complaint about the role of the directors and their responsibility, proceedings cannot be quashed merely on the plea that they had no direct role in the transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Gzhnnysvgb1C2sJHiQBdMYdS2
District Registrar has no power under Section 25 of the Karnataka Societies Registration Act to decide the validity of elections held in a Society. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2cqTZvjFSdsXdCuLctKcYCjfh
Notification declaring the organisation to be unlawful with immediate effect contains sufficient reasons. Karnataka High Court rejects the challenge to the ban of Popular Front of India.
https://www.dakshalegal.com/judgements/actionView/8tsF7yE14bLnJUUgwc4ZnNCjh
Increasing litigation in public distribution system. “Stop indiscriminate allotment of fair price shops or discriminate distribution of cards”. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YQTbO4byTLefYA7LfEpnokQAE
Administrative Law. If a show cause notice is for a particular purpose and the party replies for that particular purpose, the authorities cannot pass order on something more to which the party had no notice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eYSgKpdVrSLZUTqZMljrdSHsb
Real Estate (Regulation and Development) Act does not apply to completed projects or to which completion certificate is issued and hence the Authority has no power to deal with complaints in respect of such projects. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YwrbFTP6NvSqSXUMmbM8cNcMi
Karnataka SC ST PTCL Act. Repeated sale by grantee constitutes offence of cheating under Section 420 IPC. Such person is not entitled to seek restoration of the granted land and also to retain the consideration received by him. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RXAAYI1H2dWQ0jg4lVbf0ClrC
“Registration of an FIR on a cognizable offence on a reference being made by the Magistrate under Section 156(3) of the Cr.P.C. is imperative.” Karnataka High Court orders enquiry against the delinquent Police Officer.
https://www.dakshalegal.com/judgements/actionView/nnZEUTNVsriVXqIvfP3NAzs4Q
Cancellation of tender after tender process got concluded, award being notified, and contract being signed amounts to arbitrary exercise of power and violative of tenets of Article 14 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6Kyo9DzvRTfJXubSdxrx9OhJf
“When the State or its agents fear the people there is LIBERTY; when the people fear the State or its agents, there is TYRANNY”. Karnataka High Court awards Rs. 3 lakhs compensation to Advocate who was illegally arrested and tortured by the Police.
https://www.dakshalegal.com/judgements/actionView/4KUwUBeqII5lkiB6vwlSj78H2
Allegation of corruption charges against officers of the Tender Scrutiny Committee cannot result in cancellation of a valid tender. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/o2ChaBr8Wng9BUEWTqGGcBR1k
Public employment. Caste and income of the parents of the applicant and not that of her husband should be taken into consideration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zOg8UY8giFNTKHBNxrAvwtTXQ
Appointing authority has no power to go beyond the caste certificate issued by the competent authority. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ALd5M3NI08Cx3CvKaM02I3Zo9
“Right to claim maintenance shall not be rendered illusory.” Karnataka High Court issues guidelines for early disposal of maintenance petitions.
https://www.dakshalegal.com/judgements/actionView/qmGlwpyr4DE86OC0CR1d6vzjb
Architects Act, 1972. Karnataka High Court directs Union of India to notify criteria for nomination of Members of the Council qua the qualification and experience which would become binding on every State Government.
https://www.dakshalegal.com/judgements/actionView/HWYOXgLIHRx3rtNM3PWY6rgRH
Cheque bounce cases. While considering application for grant of interim compensation, conduct of the accused is relevant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RQFNw9kyhigDPUNg96cvHXIqB
‘Proliferation of mobile loan apps haunts gullible customers’. Karnataka High Court rejects the challenge against freezing of the Chinese company account under the Prevention of Money Laundering Act, 2002.
https://www.dakshalegal.com/judgements/actionView/IRA01KobqE4qmPKvFFZFmoZFX
Grant of conversion from agriculture to non-agricultural purposes under the KLR Act does NOT amount to change of land use under Section 14A of the KTCP Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PLPwZP0Ffc8ebrdyWvJNfCsB7
Execution Court cannot mechanically issue notice on application of third party claiming right over the property in execution. Karnataka High Court dismisses frivolous claim by imposing cost of Rs. 2 lakhs. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AywE4vH34zU014qTFiL4u6Ukl
Agency of the Life Insurance Corporation cannot be terminated without strictly following the Regulations. Karnataka High Court restores the agency with consequential benefits.
https://www.dakshalegal.com/judgements/actionView/Zg4woxtghTqB6voItmxwXmajI
Consensual and longtime sexual relationship cannot be given the colour of rape simply because the promise of marriage could not be fulfilled by the accused. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TN8lxezdNubB093EGK91jgh7v
Criminal law. When court directs life sentence to start first, the term sentence would run concurrently with the life sentence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oOZ4ljvMT2s4GE2qxsnUHMZdP
Foreign citizen pretending to be Indian citizen to avail educational benefits is reprehensible. Karnataka High Court orders issuance of exit permit subject to payment fee payable by NRI for the entire course.
https://www.dakshalegal.com/judgements/actionView/hM4Hiu7yQQd7X6YY1mb4LrHaD
Arbitration and Conciliation Act, 1996. Writ petition challenging interlocutory order of the Arbitrator is not maintainable. The Act defers the remedy till the stage of section 34. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Bm7K69dumjy3kmsakrawTkdqg
“Consider & dispose applications for premature release of life convicts without any loss of time. Committee meetings to be held once in two months.” Karnataka High Court orders grant of parole to the convict till his application is disposed.
https://www.dakshalegal.com/judgements/actionView/5zOJumwfagio7RWAEXgWxtBTM
“If Government wants to curb corruption, such intention should be reflected in swift action.” Competent Authority must pass orders on the requisitions for sanction to prosecute public servant within the outer limit of six months. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RZ4MWslHqAT2cy5hAPndqDtaf
If a person has no role to play in the entire loan transaction with the bank, issuance of Look Out Circular against him cannot be justified. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8Or6ys2zDNZjGukxiDZWj6Qyp
Order XVIII Rule 17 of CPC. To recall the witness, there should be demonstrable bonafides in filing applications and the application should be filed without any delay. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RlxXb71SgBySZUv4QCyqYkwyC
E-Auction. Court cannot telescope its imagination into the intricate details of conduct of e-auction since it does not possess expertise to sit in the armchair of experts. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fL5dOEsOKfojYXKNjFfHiimRG
Grant of Indian citizenship under the Citizenship Act, 1955. Mere surrender of foreign passport does not amount to renunciation of foreign citizenship. Karnataka High Court rejects the plea of minor children of Indian citizen holding Pakistan citizenship.
https://www.dakshalegal.com/judgements/actionView/TLZ2jx5cCSTOCqatD0opBELOC
“Keep your house in order so that common man does not bear the brunt of unnecessary litigation.” Karnataka High Court orders grant of interest to HUF in the Post Office Public Provident Fund Scheme deposit.
https://www.dakshalegal.com/judgements/actionView/gbvgJ88n7U9cl2i1lqaFQRHqa
“Don’t reduce the fundamental right of children under Article 21-A of the Constitution of India, to a “mere rope of sand”. Karnataka High Court directs the Govt to identify land and rebuild Government School.
https://www.dakshalegal.com/judgements/actionView/doDk1Et6sCap3gDhFyFJkpqzE
Insolvency and Bankruptcy Code, 2016. Tribunal has no jurisdiction to entertain any issue arising out of any statutory requirement and it cannot exercise jurisdiction over matters de hors insolvency proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/02wxndKe3sWjnPu3Z5xE5kRfc
“Facilitating Woman who plays the God”. Karnataka High Court evolves Genetic Test, Physical Test and Economic Test while directing Surrogacy Board to consider application of man who crossed 55 years age bar.
https://www.dakshalegal.com/judgements/actionView/Nb6v63cXDdMdJm5WCWcbFNIW4
“In our criminal justice system, it is not the end result of the proceedings, that is agonizing, it is the rigmarole of proceedings which by itself can become a punishment.”. Karnataka High Court quashes proceedings against person dragged in POCSO case.
https://www.dakshalegal.com/judgements/actionView/bff1NfBQjQxY47gGKgzsrrrBR
Child custody. Karnataka High Court approves denial of female child custody to father who failed to take care of her privacy and security.
https://www.dakshalegal.com/judgements/actionView/3fcneqfwPGI6KlWDLgdTelnQv
Karnataka High Court repels the challenge to constitutional validity of Section 37A of the Foreign Exchange Management Act based on manifest arbitrariness.
https://www.dakshalegal.com/judgements/actionView/O0vidTrCvUUQNOXe9raYOvuLT
Prevention of Corruption Act. Sanction for prosecution is necessary in respect of retired public servant when the allegations levelled him are the ones in discharge of his official duties while he was in service since. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JYQR7FkncDncQKaNy2QMAqTyt
Lands earmarked in the Master Plan for minor or major roads, State or National highways would not lapse if they are not acquired within five years. Planning Authority has a right to hold on to the lands in terms of KTCP Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/bGdQgslcJzOSOG2fa2YvffKLO
POCSO Act. Reporting of offences under the Act, particularly by doctors, requires strict compliance failing which the very object of the Act would be defeated. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9BaBisDttnPCG8OVejp5Ypv9m
Disputes arising out of contract of employment do not fall within the jurisdiction of the commercial court under the Commercial Courts Act, 2015. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vmIpaniNPT6cXbKHFx8BJAnvK
‘’Breach of contract between the protagonists in the agreements cannot be the subject matter to set the criminal law into motion’’. Karnataka High Court quashes criminal proceedings initiated by partner alleging breach of the partnership.
https://www.dakshalegal.com/judgements/actionView/6aXeDUnLLQGlC8bBhhAXHxyji
‘Unless the offences are found prima facie, criminal proceedings in matrimonial cases should not be permitted to continue’. Karnataka High Court quashes proceedings against husband who refused to consummate marriage following Bramhakumari preaching.
https://www.dakshalegal.com/judgements/actionView/U57x1vFXHcAg3k6jGsFHqtT4H
To constitute the offence of abetment to commit suicide, the instigation should be of the kind that it drives a person to commit suicide. Instigation should be proximate to the occurrence of death. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ykm7GtpdpQw4NgineEKig8jQX
Courts exercising power under Section 482, Cr.P.C. should not interfere if the case involves disputed questions of fact as the Court won’t become a fact-finding authority at the stage of crime or analysis of the charge sheet. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/UsSweY6z5jFteKniTgjGVThuQ
KathaSangam of Corruption. “It is high time the menace of corruption is nipped in the bud by making the bribe giver susceptible for prosecution like the bribe taker”. Karnataka High Court rejects plea of accused in Madal Virupakshappa case.
https://www.dakshalegal.com/judgements/actionView/GtmGAfqB4XC79sMVZOQUTmBy5
Cheque bounce case. An independent non-executive director, who is not aware of day-to-day affairs of the company, cannot be held liable under the N.I. Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jXZVPuPEgT17syyhIYnT5Yq4S
Advocates have a right to appear before the Deputy Commissioner in the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/v4ih1bnYVZUItDXI3mncebvKB
“Sexual harassment of law intern has a chilling effect on the entire legal profession”. Karnataka High Court refuses to quash criminal proceedings against Advocate.
https://www.dakshalegal.com/judgements/actionView/bQ9QWT1uAmm7BKz8NYb7nNP2S
“Proceeding under the IPC is the flesh and the proceeding under the PMLA is the blood.” Provisional attachment under the PMLA shall be suspended when the predicate offence proceedings under the IPC are stayed by the Court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cE3Ih5MInNHZwDrnKCxp9rVcr
Disaster Management Act, 2005. No prosecution can be launched for the offence under Section 51, (Punishment for obstruction, etc), without first issuing notice to the person against whom complaint is said to be made. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/cRfqTqPHeoZPgT7Y3wZWsVYOa
Section 319 Cr.P.C. Power to proceed against other persons appearing to be guilty of offence. Karnataka High Court upholds summoning of the Senior Sub-Registrar for the alleged fraud in the registration of gift deeds.
https://www.dakshalegal.com/judgements/actionView/zDqW32C40Of3drFcwfjxcDl8h
Cheque Dishonor. When the signatory to the cheque was a sole proprietor of a firm, on his death, the liability would not move upon the legal heirs of such sole proprietor. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/QEg0oSO3J2yqpQzf6cblQNwWi
Collection of Statistics Act, 2008. Conviction for neglect or refusal to supply particulars under Section 15 (1) will not absolve furnishing data. Second complaint under Section 15 (2) does not amount to double jeopardy. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9fjrarNd77vzNruQGJ5vKxrV6
When company was not made party to the criminal proceedings and there is material to proceed against the company, summoning of the company under Section 319 of the CrPC. cannot be questioned. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AqhhfFyNZjCvyuG2GvhuDUIRr
Woman seeking relationships with people on social media platforms and after prolonged consensual sexual relationship, registering crimes alleging rape; such conduct amounts to abuse of process of law. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TVDXe4de4JuVwrMompcLYaSuT
Karnataka Police Act. Externment takes away fundamental right and shall not to be passed as a matter of course but to be resorted in extraordinary circumstances and meet Article 19 (5) of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/y2Kk0f7XmCuLxFbXyZqdP9a1S
Where the allegations in the FIR are absurd, inherently improbable, manifestly attended with mala fides or is maliciously instituted with a view to spite the accused, such proceedings should be quashed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XEE2PeYVSvgibaoZ7ydpIFhIW
“Set your house in order’’. Karnataka High Court lambasts at the lackadaisical attitude on the part of the Karnataka Lokayukta in completing investigations under the Prevention of Corruption Act in time.
https://www.dakshalegal.com/judgements/actionView/wAyRT3BFje2csCASIrfDyFJdo
‘’Even on a money claim, the Writ would be maintainable, if the action of the State smacks arbitrariness’’. Karnataka High Court directs Bank to refund sale consideration arising out of a fraudulent auction sale.
https://dakshalegal.com/judgements/actionView/6LSt8hc62AihMLtYBnE20Y7z5
No Court can take cognizance of the offence against a public servant without a valid sanction from the hands of the competent authority placed before the concerned Court, by the Investigating Officer. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aX0D4LxYVCh7mzOc9qchqZQHr
“If husband is leading a good life, wife cannot be asked to lead a deprived life”. Karnataka High Court while enhancing wife’s maintenance.
https://www.dakshalegal.com/judgements/actionView/fUwW206qMnzhVPQyN6F9G9Hfd
”It has become a habit to lay Sections 504 and 506, IPC in every offence merely because they are non-cognizable and the criminal cases are filed on glorified trivialities between husband and wife”. Karnataka High Court while quashing criminal proceeding.
https://www.dakshalegal.com/judgements/actionView/5MRRYTB03d9HWdnMzQvZAOZJy
When earlier suit is dismissed for default, the same acts as resjudicata for the subsequent suit on the same cause of action. Plaintiff cannot contend that he has no duty to disclose dismissal of the earlier suit. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1QnltpvDcuAqHHOkHWpmeW79V
After taking cognizance, it is impermissible for the Magistrate to take cognizance again for the offence that had already been taken cognizance. Karnataka High Court quashes proceedings under the Protection of Wildlife Act.
https://www.dakshalegal.com/judgements/actionView/OpVZ1t5jXDVJNAM6XMNEJTSBT
Negotiable Instruments Act. Death of the drawer of the cheque cannot and will not efface the offence when the cheque is issued on behalf of the Company. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vDBsVBtOmitXCl0Uxjp7TAAs3
Traffic Police accepting bribe to let vehicles ply against the regulation amounts to demand and acceptance. Such cases would not require approval under Section 17A of the Prevention of Corruption Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/mzWfqkO1kFtdyQ2GRdASE7616
Police officers causing traffic congestion in the city of Bangalore by accepting bribe and letting vehicles to ply against regulation is a serious crime. Government shall deal with iron hand. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FMoxGjPVgr4iOpACqtUAOCOE0
Surrogacy. Couple having a medical condition that becomes impossible for the woman to conceive can opt for surrogacy by a gamete which is that of the woman not genetically related to the intending couple. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rDSHntQQKbBH3kx2u18KDhp1g
‘’Temples are symbols of unity and inclusivity’’. Karnataka High Court condemns denial of rights of temple entry and worship to persons belonging to scheduled castes and scheduled tribes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/OKDDgm2g1moOpqtXvhEQABtmU
Railway Services Pension Rules. Second wife of deceased employee is also entitled for equal pension along with the legally wedded first wife. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/I4ftbWXelIVGiEEORwFhC0oVg
Prevention of Corruption Act. Alleged demand and acceptance of bribe by son on behalf of his father does not render the father culpable. Karnataka High Court quashes proceedings against ex MLA Madal Virupakshappa.
https://www.dakshalegal.com/judgements/actionView/UiObFR6IYg3gWM0sztIpNzgKA
Karnataka Hindu Religious Institutions and Charitable Endowments Act. Term of the Managing Committee commences from the date of its constitution and not from the first meeting to elect the Chairman. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/a4C3Yxt7GFJ1Ga4iaP0Pi1z96
SARFAESI Act as amended. Once the sale notice is issued, right to redeem mortgaged property by the borrower is lost and the right of enforcement of security interest by the Bank is absolute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/555MM1PXZnvbcpXBhMldEqVBM
‘Policies which are in the realm of regulatory, economic and quality cannot be interfered by a Writ Court’. Karnataka High Court upholds quality control policy on import of plastic into the shores of the nation.
https://www.dakshalegal.com/judgements/actionView/IwuhpGSUiOFFUgYgYZFtvarUN
Karnataka Industrial Areas Development Act. Allottee of an industrial plot who fails to make full payment as per terms of the allotment cannot insist on issuance of show cause notice before cancellation of the allotment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/uCQInrmlcTMJXY3UsPgyrvXqc
‘’Governments may come and Governments may go, the Writ of Constitutional Courts would run and run for all times to come.’’ Karnataka High Court while quashing Govt notification de-notifying committee members of Ramachandrapura Math.
https://www.dakshalegal.com/judgements/actionView/SylRjByavp16tvq3sQaydPXyu
Arms Act. Deputy Commissioner cannot sit over application of Arms license holder to add or delete Arms. Karnataka High Court allows plea of licensee under the ‘Renowned Shooter’ category to possess 10 arms and 1 lakh ammunition.
https://www.dakshalegal.com/judgements/actionView/pdx8FEwobO56fZBbONyGQJ4QP

“Know Your Judge”. Justice R. Nataraj. High Court of Karnataka.

Hon’ble Mr. Justice Rangaswamy Nataraj celebrates his 54th Birthday today.
Born on 14.03.1970. Enrolled as an Advocate on 08.09.1992.

Appointed as Additional Judge of the High Court of Karnataka and taken oath on 11.11.2019 and Permanent Judge on 08.09.2021.

Important Judgments delivered by Hon’ble Mr. Justice R Nataraj.

Town Planning. Illegal and unauthorized constructions not only violate the municipal laws and concept of land development of particular area but also affect fundamental and constitutional rights of other persons. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/6x49XfZtJFuI0zUMYCFJAVjo6

Karnataka Lokayukta Act, 1984. Section 7(2-A). When Lokayukta conducts inquiry and submits report to Government, it is NOT necessary to give opportunity of being heard to persons named in the report. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/fD2D8hR4It9ZYNIjoeyVl6AHL

Once layout plan is sanctioned after verifying water course, pathway etc, Planning Authority must inspect formation of layout as per the sanctioned plan. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/u56bBLdzlXkMEwRkXTaKGpqYk

When construction of building is unauthorised and without license, action of the Municipal authorities to remove the same cannot be found fault with. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/bwFgvddASUjFIF26ozqurzjJt

Advocate avoids execution of decree passed in 1966 by adopting unprofessional tactics. Karnataka High Court imposes cost of Rs. 5 lakhs, initiates contempt proceedings and refers the matter to Bar Council.

https://www.dakshalegal.com/judgements/actionView/BBKnHT6iDbqrgf76yoGR8IkEo

Merely because special warrant to search premises is lawful, prosecution cannot be launched without complying Section 155(2) of Cr.PC. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/Vip6F0AY20OzKntzUg3hvQAql

Karnataka Land Revenue Act. Pendency of the Master Plan under the Karnataka Town and Country Planning Act for Government approval can NOT be a ground for rejecting conversion of land from agricultural to non-agricultural. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/lJHvXbfDT1sGttJhiMg2hUGjQ

Purchase of granted land in public auction conducted by a co-operative Bank in execution proceedings does not attract the provisions of the Karnataka SC/ST (PTCL) Act. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/6Us6CTjjNtkHIcPu8FFi8k9pE

Suit for cancellation of a document. ‘’Value of the property for which the document was executed’’ has to be considered to determine the court fee payable and not the “market value of the property”. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/8SZhiREJLPLDWVeAdBAdG1NEX

Land reserved in the Master Plan for parks and open spaces shall be acquired within a period of five years and compensation be paid failing which the landowner is entitled to use the same. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/kv1FjaVXjQm1BmQePEhXm9zJx

When the authorities repeatedly fail to perform statutory function and to follow the law declared by Courts, the Writ Court can itself grant relief instead of remanding the matter. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/pqVkXybygpL89Ex5iln44cFBI

Hindu Succession Act. Step-mother is not class I heir of Hindu male dying intestate and cannot claim property left by him. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/1xYuDY7kk8U1StavUQgeZgKUs

Relinquishment of Special Economic Zone. Government cannot impose interest on the stamp duty where exemption was granted earlier. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/YlSRzLO4lst4hE8T5qnjkNFEh

Transferee pendente lite can be added as co-plaintiff in pending suit under Order XXII Rule 10 of the Code of Civil Procedure. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/6MApNFHIXigjue2dDCybdNrXa

Karnataka Village Offices Abolition Act. Purchaser of lands from the holder of the village office is entitled to contest the order of the land Tribunal. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/pTfoEAmFaqBGhswwYhAVSCfTj

Claim for occupancy rights under the Mysore (Religious and Charitable) Inams Abolition Act cannot be considered without impleading the Temple or the endowment officer as party respondents. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/hyV8VWwpkYnPPQPvwIE1NMw0k

Agreement to sell does not amount to concluded transfer. Such agreement cannot be construed as void under Section 33 of the Karnataka Co-Operative Societies Act. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/REqZzyJeFSOB6NBwxeG4Iyvtc

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.

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.

To Know more please click the link below:

https://www.dakshalegal.com/judgements/actionView/HbotLMcNTO8Wp0nICcnKwmELb

Alienation of the re-granted ‘Service Inam Land’ from the period 1:2:1963 to 7:8:1978 is valid and permission for sale is only a formality since the Deputy Commissioner is bound to give permission. Karnataka High Court reiterates.

Alienation of the re-granted ‘Service Inam Land’ from the period 1:2:1963 to 7:8:1978 is valid and permission for sale is only a formality since the Deputy Commissioner is bound to give permission. Karnataka High Court reiterates.

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https://www.dakshalegal.com/judgements/actionView/BJgIIOisX5GEQJ1VIQOeB6Lrz

Criminal Trial. Wife cannot be dragged into criminal case simply because she is signatory to cheques along with her husband who is involved in illegal business transactions. Such practice should be curtailed. Karnataka High Court.

Criminal Trial. Wife cannot be dragged into criminal case simply because she is signatory to cheques along with her husband who is involved in illegal business transactions. Such practice should be curtailed. Karnataka High Court.

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https://www.dakshalegal.com/judgements/actionView/6RXPosFYC3k8TILkFSu8aVqBC

Both “A” and “B” Kharab lands belong to owner of the land. Landowner is entitled for compensation in case of acquisition of kharab land. Karnataka High Court.

Both “A” and “B” Kharab lands belong to owner of the land. Landowner is entitled for compensation in case of acquisition of kharab land. Karnataka High Court.

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https://www.dakshalegal.com/judgements/actionView/5sTvvHPgXeozkW9Fy5mwj843N