Land acquisition. Kharab lands falling under category ‘A’ of the Karnataka Land Revenue Rules belong to landowners and not to Government. Landowners are entitled to compensation. Karnataka High Court reiterates.
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Urban Land (Ceiling and Regulations) Act. Revenue Inspector is not competent to take possession of the excess land. Violation results in restoration of land to the owners. Karnataka High Court.
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Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.
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Karnataka Land Reforms Act. Period of non-alienation for tenanted lands commences from the final order of the Land Tribunal and not from the date of issuance of Form-10. Karnataka High Court.
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Hon’ble Mrs. Justice Makkimane Ganeshaiah Uma celebrates her 60th Birthday today.
Born on 10th March 1964. Had early education at Government Primary School, Sringeri and Government Higher Primary School, Sringeri. Secured B.Com degree from J.C.B.M College, Sringeri. Obtained degree in Law from Vaikunta Baliga College of Law, Udupi and LL.M. from Kuvempu University, Shivamogga.
Enrolled as an Advocate in the Karnataka State Bar Council on 16th August 1988. Practiced and served in different branches like Civil and Criminal at Udupi, Gadag and at High Court of Karnataka, Bengaluru etc.
Appointed as District Judge at Mysuru on 25th February 2008 and as Principal District and Sessions Judge on 23rd May 2011 and served at Bellary, Mangaluru and Ramanagara.
Served as Member Secretary of Karnataka State Legal Services Authority, Bengaluru on OOD during the year 2016.
Appointed as Additional Judge of High Court of Karnataka on 4th May 2020 and Permanent Judge on 25th September 2021.
Imposition of realistic, punitive cost is necessary to prevent abuse of process of court. Karnataka High Court imposes Rs. 50,000 cost on husband who filed frivolous Habeas Corpus petition seeking custody of child from wife.
https://www.dakshalegal.com/judgements/actionView/tUb8VMk0OUlI4MUexYADa0FL7
Prospective allottee of an industrial plot has no right to challenge denotification of lands from the acquisition proceedings. Karnataka High Court.
ಆಂಗ್ಲ ಭಾಷೆಯಲ್ಲಿರುವ ನ್ಯಾಯಾಲಯದ ತೀರ್ಪಿನ ವಿವರ ಹಾಗೂ ತೀರ್ಪನ್ನು ನೋಡಲು ಈ ಲಿಂಕ್ ಬಳಸಿ.
https://www.dakshalegal.com/judgements/actionView/NEhLHHUTYJ5MC457HWPLRARco
K.G. Raghavan, Senior Advocate, Bengaluru
Suti March 8th is observed as International Women’s Day. An observance of great significance and merit as it recognizes two facts. First, women occupy an exalted position in the society and as a category require special attention and recognition. Second, women are a neglected and oppressed lot and therefore need societal care and attention. In other words, there is a duty towards “woman’s emancipation.”
Any debate as to the exalted position of women in society, is too obvious to be a subject of anycontroversy. The divide between man and woman is the order of nature and each is dependenton the other for the survival of the existential order. The question of one competing with the other as if they are rivals is meaningless. Each has a definite role to play for mutual benefit. Each has his or her position which requires to be respected and nurtured. In the scheme of things there is no warrant for one to assume a position of superiority or otherwise. The concept of a “Man’s world” is obnoxious at its root for there can be no world without both a man and a woman playing their respective and vital roles. Losing sight of these truths, deleterious thoughtsof superiority of male over female have eroded the fine balance between men and women in the human pyramid so delicately maintained for the advancement of the society from time immemorial. Equally deleterious is the notion entertained by women and that they are inferior to men and therefore they should do what a man does or can do; in a manner of speaking therefore man and woman are placed qua each other as competitors and that is wrong.
This misconceived notion led to what came to be called the Women’s Liberation Movement (WLM) in the West during the late 1960s. This movement drew steam from contestatory brand of feminism. Assuming that women were second class citizens and therefore any rule or discipline exclusive to women emanated from such a notion of subservience, it sought to dismantle the established order. While the movement had its own merit, owing to its extremism,it lost its direction and missed the trees in search of the non-existent woods. Women libbers came to be characterised as “man- haters.” Central to the thoughts which found expression in the form of WLM, are: 1. Book titled “Le Deuxieme Sexe” (The Second Sex) written by a French philosopher Simone de Beauvoir in 1946. 2. Another book titled “The Second Sex, TheFeminine Mystique” authored by Betty Friedan an American feminist in 1963.
An American radical feminist Kathie Sarachild coined the phrase “consciousness raising” meaning thereby that there was need to make women realize they are being subjugated, a concept which by no stretch of reasoning can be termed unfounded. Consciousness raising aimed at ending exploitation of women led to the healthy trend of women speaking out in groups on the principle that “sisterhood is powerful” (the genesis of the extant “Me Too” movement). Groups of women spoke and wrote on varied subjects like maltreatment and exploitation concerning sex, race, class, family, job, housework, health care, child care, rape, sexual harassment, sexism, marital rape, date rape, wife battering, and the religio-social topic of abortions. While zero tolerance towards women exploitation is unquestionable, the difference and difficulty lie in what is and should be perceived as “exploitation.” The change in thinking and aspirations of women from time to time cannot ipso facto lead to the conclusion that status quo is abhorrent and changed thinking is emancipation. As always, perceptions change with place, time, and circumstances (Desa, Kaala and Varthamana). Therefore, any attempt at Women’s Liberation would serve the cause or focus on ending exploitation of women rather than projecting a non-existent “man vs woman” feud. Maya Angelou, an American poet, and a civil rights activist rightly said “A wise woman wishes to be no one’s enemy; a wisewoman refuses to be anyone’s victim.” And Gandhiji explained this felicitously thus:
“Man and Woman are equal in status, but are not identical. They are a peerless pair being supplementary to one another; each helps the other, so that without the one the existence of the other cannot be conceived; and therefore, it follows, as a necessary corollary from these facts, that anything that will impair the status of either of them will involve the equal ruin of them both.”
To Mahatma Gandhi, woman is the incarnation of Ahimsa. In his writing in the Harijan of 24th Feb 1940 Gandhiji recalled an incident narrated to him of a woman who refused to take chloroform because she would not risk the life of the baby she was carrying and underwent a painful operation sans it. And the Mahatma elaborates, “Who but woman, the mother of man, shows this capacity of Ahimsa in the largest measure? …It is given to her to teach the art of peace to the warring world thirsting for that nectar.” He gave the clarion call “In the war againstwar, women of the world will and should lead. It is their special vocation and privilege.”
Women’s day observance had its origin in New York of 1909. Over a period of time, it spread to several parts of the world. The United Nations began celebrating Women’s Day in 1975 which itchristened as the International Women’s Year. March 8 was officially declared as Women’s Day by the General Assembly in 1977. Every year the UN has a theme for International Women’s Day and for 2024 the theme is “Invest in Women: Accelerate Progress”.
On the International Women’s Day, it is our privilege and duty to remember, respect and acknowledge the tremendous contribution of several women all across the world in various spheres. In the field of politics Margaret Thatcher, the Iron Lady and first woman Prime Minister of UK; Indira Gandhi, the only woman Prime Minister of India; Hillary Clinton,first woman Secretary of State in the USA; Angela Merkel, the longest in office as Chancellor of Germany; Aung San Suu Kyi of Myanmar; are outstanding ones. 58 women have been awarded Nobel prizes for their contribution in various fields. And the most prominent among them is Marie Curie who is the only woman to have had the distinction of winning the Nobel prize twice. On the religious and social front our obeisance to Andal, the only Sri Vaishnava Alwar saint; to Saint Theresa for the phenomenal and every lasting work done by her; to Dr.Muthulakshmi Reddy, one of the first woman doctors in the then State of Madras and founder of the Adyar Cancer Institute; Meera bai for her devotion and spirituality. And for heroic deeds, Rani Lakshmi Bai of Jhansi, Kittur Rani Chennamma of the princely State of Karnataka, Onake Obavva of Chitradurga are unforgettable and cannot be erased from the annals of history. May the tribe of all these great women increase and this world be made a peaceful abode for all.
India has constitutionally declared against discrimination only on the basis ofsex (Art.15 and 16). But while so doing, Art.15(3) specifically provides as follows: “Nothing in this Article shall prevent the State from making any special provision for women and children.”
As part of the Directive Principles of State Policy, under Art 39, the State is mandated to direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood; and there is equal pay for equal work for both men and women; and that the health and strength of workers, men and women is not abused. Art.42 mandates the State to make provisions for maternity relief. To conclude let me place a subhashita glorifying the position of women in our society.
यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः। यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः।। अर्थात्- जहाँ स्त्रियों की पूजा होती है वहाँ देवता निवास करते हैं और जहाँ स्त्रियों की पूजा नही होती है, उनका सम्मान नही होता है वहाँ किये गये समस्त अच्छे कर्म निष्फल हो जाते हैं।
Wherever women are worshipped, Gods revel. Wherever women are disrespected all work undertaken is futile.
Hon’ble Mr. Justice Anant Ramanath Hegde celebrates his 53rd birthday today.
He was born on on 7th March 1971 at Sirsi in North Kanara District.
He completed the degree in law in June 1994 from the University College of Law, Dharwad Commenced practice in Sirsi courts in July 1994 under the guidance of grandfather Sri. A. M. Hegde and father Sri. R. A. Hegde.
After the establishment of the High Court Bench in Dharwad, in 2008, he started practice in High Court Bench at Dharwad.
Justice Anant Hegde 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 Judgements delivered by Hon’ble Mr. Justice Anant Ramanath Hegde.
Motor Vehicles Act. Power of the Tribunal or the High Court to award just and fair compensation to the victim is not taken away because of prayer for a lesser amount. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RdwNGdXfjDc2PcIiDJDuDt1CB
Education. ”On account of the pandemic, one cannot give up maintaining standards of education”. Karnataka High Court while rejecting plea of law students to dispense with exams.
https://www.dakshalegal.com/judgements/actionView/gZeUGT7o3ig8p2wuWUtS939ev
Caste Certificate and Creamy Layer Certificate cannot be treated alike. Caste Certificate status is permanent whereas Creamy Layer Certificate status varies from time to time depending on income. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pvH8V0Px2wNa8X00sUAsryd1i
Service law. Principle that ‘Rules of the game cannot be changed once the game has begun’ does not apply if the change is not illegal or contrary to any provision of law. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GCRwQKEXG0foNBq2gnxNgv93S
When the application under Section 11(6) of the Act is pending consideration before the High Court, Arbitrator cannot be appointed by the authority named in the arbitration agreement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2SUMp8AtBfydSAgxtLWPu923k
Appointment of Court Commissioner under Order XXVI Rules 9 and 10 of the Code of Civil Procedure. Karnataka High Court lays down authoritative guidelines.
https://www.dakshalegal.com/judgements/actionView/vmskd6wY1WwYmON61BACgn4XP
Hindu Succession Act. Amended Section 6. Person who alienates properties in violation of injunction order of the court cannot take advantage of the alienation by taking shelter under the proviso to Section 6(1) of the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Kj2ioO0oiqGcZnVKNqx5MG9F9
“The concept of ‘justice at the doorstep’ flowing from Articles 14 and 21 can’t be an empty formality”. Karnataka High Court suggests increase in the pecuniary jurisdiction of the District Courts to avoid flooding of the First Appeals in the High Court.
https://www.dakshalegal.com/judgements/actionView/HBFNV3HI7iqPO8fymoMgbPcaC
Hindu Succession Act. Partition of properties inherited under Section 8 will not change the nature of the properties to coparcenary. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/7WkHgBZXZWIZPMLmRL8htCCb5
Revenue entries coupled with possession can be relied on in support of the plea of earlier oral/unregistered family arrangement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/r4m6A72s3g57m6WRBTU4VViEa
Arbitration Act, 1940. Arbitrator cannot award damages for an alleged breach of the contract when the contract does not provide for such damages in the event of such breach. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RzP00a4U1PP4ReXvz5yV5zF9v
Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ViKRSuf6dc5AJg77rph6Xeyex
Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CdvRapED3CalZaaHCqHXodbpb
Bombay Public Trust Act, 1950. When the requirements under Section 92 of the Code of Civil Procedure are met, the Civil Court ought to grant permission to sue. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ntjZGbJK0IniXUi7wfQkLj2M8
Agreement to sell recording delivery of possession of property before expiry of 15 years contemplated under Section 61 of the Karnataka Land Reforms Act is void and unenforceable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9yU4efgwuBt3ibTXAvI0pHMuD
Photostat copy which is compared with its original is admissible as secondary evidence if other conditions required for production of secondary evidence are met. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BmFE8KSe11kFEQc51RbJVfrBf
Widow of coparcener cannot be disqualified from inheriting her husband’s share in the joint family properties on the ground of she leading an unchaste and immoral life. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Y5POn9eQWL3xijDyiS8Z5QjO2
Land Acquisition. Time to file cross objections by the landowner starts from the date of receipt of notice of the appeal filed by the beneficiary and not from the date of the award. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oMUyK8mMJ5TFp5WMRgmk88K7r
Land acquisition. Courts exercising jurisdiction under Article 226 of the Constitution have the power to shift/ alter/ fix the date for reckoning the market value under certain circumstances. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fqhA0ZhGbD82AbYELzz8FHcen
Karnataka Excise Act. Induction of wife of the deceased partner cannot be construed as creating new partnership or new entity for the purpose of issuance of licence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1fRQ5KodlEcTRRqWt8JrMtfXl
‘Special provision in favour of women should also pass the test of equality.’ Karnataka High Court strikes down Indian Military Nursing Services Ordinance, 1943 in so far as providing hundred percent reservation for women in the cadre of nursing officers.
https://www.dakshalegal.com/judgements/actionView/U5M9iSZOvCpqe0alAt8OJByzm
Karnataka Stamp Act, 1957. Authorities cannot recover stamp duty ‘not levied or short levied’ beyond the period of five years unless there is fraud, collusion, wilful mis-statement or suppression etc. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nOEVpBzE2bhk8DnwvUejBCM6m
Mere irregularity in preparation of voters list in election to local body does not confer right on the members to assert as eligible voters and for counting their votes as valid votes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yQSwgScp7Nm8ldCmsiOTO8T4d
Karnataka Co-operative Societies Act. Registrar of Co-operative Societies has no jurisdiction to deal with question relating to approval of regulations applicable to members of Common Cadre Committee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EfM0F8z4t96wnQCZvtiMrSNxn
Nominee or legal representative of deceased member of a Co–operative Society, admitted as a member cannot vote and contest in the election if he does not fulfil the eligibility criteria. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WBTdeOWpw3nXqbox3iT3ZvYXy
Membership in a Co-operative Society is the basic eligibility to contest in an election. In addition, the member has to fulfil additional eligibility criteria if any fixed under the Statute and Bye-law applicable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/5nhbfdgs0EjP3iq6c8SiYoGnO
Disqualification of membership in a Co-operative Society on being appointed as paid employee in the same Society. The membership will not automatically revive upon resignation to the employment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sFlhqkPtunAbnNvRB3GMsUmpa
Civil Court has jurisdiction to decide shares of joint family members in the properties in respect of which occupancy rights are granted by the Land Tribunal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zLtebXwOg6yo3c5WjkXxN1xV7
Principle that respondent can question adverse finding in judgment without filing an appeal does not apply to an adverse decree against him. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PebgiAuBsym9eKwix28kribwB
The High Court of Karnataka has implemented a module to generate summons and notices in vernacular language, enhancing accessibility for common litigants. This proactive step aims to overcome language barriers, ensuring the legal process is more easily understood by individuals in their local language.
The High Court of Karnataka now sends e-Summons through emails in addition to traditional methods, enhancing efficiency in the District Judiciary. This feature is operational where litigating parties provide email addresses, facilitating tracking through the NSTEP application/handheld device.
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