“Know Your Judge”. Justice G Basavaraja. Karnataka High Court.

Hon’ble Mr. Justice G Basavaraja celebrates his 59th birthday today.

Hon’ble Mr. Justice Gurusiddaiah Basavaraja: 

Born on 03.05.1965. Native of Methikurika Hiriyur Taluk, Chitradurga District. Enrolled as Advocate and practiced at Chitradurga. Appointed as Munsiff on 18.10.1993. Appointed as District Judge on 27.06.2009. Served as Prl. District & Sessions Judge, Chamarajanagar, Member Secretary, Karnataka State Legal Services Authority and as Prl. Judge, Family Court, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022 and Sworn-in as Additional Judge of the High Court of Karnataka on 16.04.2024.

Important Judgments delivered by Hon’ble Mr. Justice G. Basavaraja.

Violation of the Income Tax Act in monetary transaction cannot be a defence in proceedings under Section 138 of the Negotiable Instruments Act.

https://dakshalegal.com/judgements/actionView/clU7K2ymkWsjGEFL1m4JIGy6z

Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her.

https://dakshalegal.com/judgements/actionView/AHTV2tPS9suZ86WoR7nXVrtF0

Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant.

https://dakshalegal.com/judgements/actionView/cm3plwrf2A0cXpcuxRJQQqbIy

When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/6kOPhZhSX9PhLmdSbdJoyg0VF

Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.

https://www.dakshalegal.com/judgements/actionView/5YkwePBIxS4JQhxMxwiPrh8Cb

POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.

https://www.dakshalegal.com/judgements/actionView/ofcIm3beRTfBW25AsdHqszJBB

Digitization of Criminal Investigation. Karnataka High Court issues comprehensive directions.

https://www.dakshalegal.com/judgements/actionView/1GMezHajQiB10bbbZwRzzV9oe

Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/cm3plwrf2A0cXpcuxRJQQqbIy

”Award of death sentence must be preceded by psychological and physiological evaluation, examination of early and present family background, history of violence and criminal antecedent of the accused”. Karnataka High Court lays down guidelines.

https://www.dakshalegal.com/judgements/actionView/CnTjcxvj8LaFUdilC6XfZItbz

Motor Vehicles Act. Non-registration of police case regarding the accident or failure of the Medical Officer to report medico-legal case to the Police is not a ground to deny claim of the victim. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/Ff0leaBJStag8ic8S8weUMhuX

Hindu Marriage Act. Wife not honouring decree for restitution of conjugal rights and refusing to join her husband is sufficient ground for divorce. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/0i0qodOpAwqkJPnvf6QwxCzts

Supari killing of Sulya KVG Medical College administrator. Karnataka High Court convicts six accused including the Director of the college.

https://www.dakshalegal.com/judgements/actionView/BB85gVwpkTMg8mmBnJ2MwVN2m

Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/szB18aTS3MlCWi0euvioMeKhf

“When the murder is in broad daylight, evidence of the eyewitnesses cannot be brushed aside.” Karnataka High Court reverses acquittal of four persons and convicts them for murder.

https://www.dakshalegal.com/judgements/actionView/6RmzP4o6IO6mAOt5rI9Z1M7oe

Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/kjU4rtqgkbOgYcOMysvcFXFUw

‘Persons in public employment are not slaves of the Government, nor of their higher ups in the echelon of administration’. Karnataka High Court quashes dismissal order against public servant honorably acquitted in the criminal case.

https://www.dakshalegal.com/judgements/actionView/gIFMdPgFK5qOI9rtDmMi9gBzQ

Hindu Law. Doctrine of blending of individual’s property into joint family can be inferred by the words and if there are no words, then from his conduct. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/lt07AkVEFtbuGqMOhgC5RrYnG

When counsel for appellant is absent and counsel for the respondent is present, the only course open to the appellate Court is to dismiss the appeal for non-prosecution. The appeal cannot be decided on merits. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/WKiNQv74XWb7CUBSUM5buEmxE

Residual provision of Article 137 of the Limitation Act, 1963 cannot be applied to prefer Revision Petition against the order passed by the Karnataka Waqf Tribunal. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/6dnMetNoK36sOkKz49IfuX6sT

Plaintiff furnishing fictitious/false address of defendant and then seeking substituted service is a serious issue. Courts must verify the facts before ordering substituted service. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/kjAaA7snj9CdWvcQGFN3NvUK2

Service Law. Disciplinary authority cannot go on holding enquiry after enquiry against an employee till the desired report is given by the enquiry officer. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/do8X0ibyjLTWKaoVZyN2jLH86+

“Know Your Judge”. Justice Maralur Indrakumar Arun. Karnataka High Court.

Hon’ble Mr. Justice M. I. Arun celebrates his 54th birthday today.

Hon’ble Mr. Justice Maralur Indrakumar Arun was born on 24.04.1970, studied SSLC from MES High School, Jayanagar, Bengaluru; PUC from Mari Mallappa Junior College, Mysore; Graduated from the National Law School of India University, Bengaluru in the year 1993.

He enrolled as an Advocate on 09.06.1993; practiced under Shri A.N. Jayaram, former Advocate General of Karnataka and Shri B.N. Dayanand, Advocate. He started independent practice as an Advocate from the year 1996 and represented several Universities and various State Government Undertaking; was a Central Government Senior Panel Counsel and also Additional Government Advocate for a brief period.

Justice M I Arun was elevated as an Additional Judge in High Court of Karnataka, Bengaluru on 07.01.2020 and assumed charge as a Permanent Judge on 25.09.2021.
Important Judgements delivered by Hon’ble Mr. Justice M.I. Arun.
When civil suit touching upon the constitution of the Managing Committee of the Trust is pending, petition under the Charitable and Religious Trusts Act, 1920 cannot be entertained. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CB146brI2TxEkfCzTxop5lxcA
Land acquisition. Though KIAD Act doesn’t specify time within which final notification has to be issued, the same shall be done within a reasonable time. Karnataka High Court quashes final notification issued 14 years after the preliminary notification.
https://www.dakshalegal.com/judgements/actionView/MFWOhUkWUuKwtYF0oj2F8bCKt
In a suit for ejection, Court fee is payable only on the rental amount and not on security deposit, premium or an advance or as a security deposit. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/FEuxH6yOMZG7D7OmtD9iXRvWp
Court in exercise of its power under Article 226 of the Constitution of India cannot sit as an Appellate Authority over the order passed by a statutory authority. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1bz7AdBNQSuZ4aaLnRjyBhZ0k
Income Tax Act. Exemption from restriction on cash transaction can be claimed only for special exigencies the burden of proving is on the assessee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BgWqjPltgcpzB4sqwD2ztf310
Land acquisition under BDA Act will not lapse when acquisition is complete even though the Scheme has lapsed.
https://www.dakshalegal.com/judgements/actionView/n9t6yKdiFAK3CqAwV3a8ea5rU
Acquisition under BDA Act will not lapse when acquisition is complete though Scheme has lapsed. Incomplete acquisition quashed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8td2qSoiYGsoGAHg4LIHlugcd
Hindu Succession Act, 1956. Ancestral property partitioned and sold prior to 2005 amendment. Suit for partition by daughter is maintainable under the 1994 Karnataka amendment. Plaint cannot be rejected.
https://www.dakshalegal.com/judgements/actionView/lbmbNrvwKN8j3BijpRs3AfViX
Authoritative pronouncement of the Karnataka High Court on the tests of motive eye witness interested witness independent witness unlawful assembly in a criminal trial.
https://www.dakshalegal.com/judgements/actionView/lTQnnHYTK70XzslbPppJULVDs
Criminal Procedure Code. Appeal against conviction is not continuation of the prosecution. Victim has no right to be impleaded in such appeal and be heard on suspension of sentence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LJElh5Zin5yCm8aey3e2fprNd
‘The House Committees are an extension of the legislature itself and do informed work’. Karnataka High Court upholds constitution of Special House Committee to examine irregularities in Nursing Colleges in Karnataka.
https://www.dakshalegal.com/judgements/actionView/QaDqJ7w1Tz7OkVvJr3jff10jc
Court cannot take cognizance of any offence under the Factories Act, 1948 unless a complaint is made within three months from the date on which the alleged commission of the offence came to the knowledge of Inspector. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cGVqkssa20AK5SfuWyGEQyTPd
Existence of a competing co-operative society in the area is only a guiding factor and not a restriction to permit new co-operative society under the Karnataka Co-operative Societies Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Y43XaBvVfRiisuhcLhrmcKyBy
Administrator under Section 27A of the Societies Registration Act cannot be appointed on vague allegations of irregularities in conducting election. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9zaOmZw9ankAXXtA0x90LYmcE
Karnataka State Commission for Scheduled Castes and Scheduled Tribes has no power to direct the Government to withhold grants being made to an educational institution. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZI0mx9VIEwRO0MYLFex9gs26d
National Calamity Contingent Duty is a surcharge which can be levied independently of the excise duty. NCCD can be levied even in the absence of levy of excise duty. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aeJfaSq1x3KpxzUwGyTCLfRnX
Wife cannot be held liable under the N.I Act for dishonour of the cheque issued by her husband though the loan transaction is joint. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NXZQdnu9usb20xbkfvcWDDBrP
Suit cannot be dismissed simply because Specified Value as contemplated under the Commercial Courts Act is not mentioned in the plaint. Court can order valuation and return the plaint if the valuation is more than Rs. three lakhs. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oSCA1wLEvaz5Wv5tmTpKvSP7v
Confiscation of goods under Section 130 of the CGST Act must be preceded by an opportunity of being heard and not mere opportunity of filing objections to the action contemplated. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/SU2MQ5DjlSWfnLGkqH1LBb36g
Industrial Disputes Act, 1947. Pendency of disciplinary proceedings cannot be a ground to deny the status of a protected workman unless the workman is also involved in criminal cases. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/UwrlgHg4qePUUhxDQJYPzIlDR
Cooperative society. Except meeting notice, supply of copy of the motion to the person against whom the no confidence motion is moved is not necessary. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8ZS3iifszDWvbVxVQ95GYOAbj
‘Avoid making governmental policies which conflict with one another’. Karnataka High Corut advises the State Government.
https://www.dakshalegal.com/judgements/actionView/cKik7ooAwCCiz8L9Z36SmHf3m
Karnataka Gram Swaraj and Panchayat Raj Act. Adhyaksha can only stay the execution of order or resolution of Taluk Panchayat if it is unjust and unlawful etc. He cannot sit as an appellate authority and decide the dispute. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/dw8swifcmMVoXXM7el6ZKWlF1
Prohibition against double allotment of shops under the APMC Act applies even when the trader ‘possesses’ another shop. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/YRATSOWtvq8IDXfGOqwnolnai
When civil suit touching upon the constitution of the Managing Committee of the Trust is pending, petition under the Charitable and Religious Trusts Act, 1920 cannot be entertained. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CB146brI2TxEkfCzTxop5lxcA
Authoritative pronouncement of the Karnataka High Court on the tests of motive eye witness interested witness independent witness unlawful assembly in a criminal trial.
https://www.dakshalegal.com/judgements/actionView/lTQnnHYTK70XzslbPppJULVDs
SARFAESI Act. Jurisdiction of Civil Court is NOT ousted to adjudicate dispute prior to mortgage in favour of bank. Suit challenging very validity of mortgage in favour of bank is maintainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/TWF0EKJL0DCLsdHOS2ydOj89k

Municipal Corporation cannot demand arrears of property tax as a condition for transfer of khata since property tax can be demanded only after entry of name of the owner in the Tax Payment Register. Karnataka High Court.

Municipal Corporation cannot demand arrears of property tax as a condition for transfer of khata since property tax can be demanded only after entry of name of the owner in the Tax Payment Register. Karnataka High Court.

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https://www.dakshalegal.com/judgements/actionView/YeT2asPFbCTgIz1EaBZTuAsGh

Karnataka Land Reforms Act. Person claiming tenancy cannot plead adverse possession. Karnataka High Court.

Karnataka Land Reforms Act. Person claiming tenancy cannot plead adverse possession. Karnataka High Court.

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https://dakshalegal.com/judgements/actionView/sH5rnTzNFtx5C5Fs3QxLb8ywJ

Karnataka Land Reforms Act. Adopted son who claims ownership by succession cannot claim tenancy under the deceased adopted father/mother. Karnataka High Court.

Karnataka Land Reforms Act. Adopted son who claims ownership by succession cannot claim tenancy under the deceased adopted father/mother. Karnataka High Court.

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https://www.dakshalegal.com/judgements/actionView/HnjT24HMJc2WKmMkMIaKdlUBm

Hindu Law. ‘’Husband and Wife are one person. Physically divided yet united by Soul’’. Wife cannot seek partition of coparcenary or self-acquired properties during the lifetime of her husband. Karnataka High Court.

Hindu Law. ‘’Husband and Wife are one person. Physically divided yet united by Soul’’. Wife cannot seek partition of coparcenary or self-acquired properties during the lifetime of her husband. Karnataka High Court.

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https://dakshalegal.com/judgements/actionView/aJWbRJSB9tZhfxuaZWWXwvMzr

Family settlement/arrangement need not be among the joint family members having a right of succession but can include an outsider provided such a settlement/arrangement is fair and bona fide. Karnataka High Court.

Family settlement/arrangement need not be among the joint family members having a right of succession but can include an outsider provided such a settlement/arrangement is fair and bona fide. Karnataka High Court.

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https://dakshalegal.com/judgements/actionView/Ayvq3aloXfBSW1PBtBXyVAWBR

Irrespective of a party not filing appeal against dismissal of the suit for partition and separate possession, Court can grant relief in appeal invoking Order XLI Rule 33 of C.P.C. Karnataka High Court.

Irrespective of a party not filing appeal against dismissal of the suit for partition and separate possession, Court can grant relief in appeal invoking Order XLI Rule 33 of C.P.C. Karnataka High Court.

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https://dakshalegal.com/judgements/actionView/oFp4Zu7PHNvVkamQTBOyddDIc

“Know Your Judge”. Justice Anil B Katti. Karnataka High Court.

Hon’ble Mr Justice Anil B Katti celebrates his 62nd birthday today.

Hon’ble Mr. Justice Anil Bheemsen Katti was born on 17:4:1962. He is native of Belagavi. He enrolled as Advocate and practiced at Belagavi. Justice Katti was appointed as Munsiff on 8:2:1995. He was appointed as District Judge on 27:6:2009. He served as Principal Judge, Family Court at Davanagere, Bengaluru and as Principal District & Sessions Judge, Bagalkot and Principal City Civil & Sessions Judge, Bengaluru.

Justice Anil B Katti was sworn-in as Additional Judge of the High Court of Karnataka on 16:8:2022 and as permanent Judge on 16:4:2024.
Important Judgments delivered by Hon’ble Mr. Justice Anil B Katti.
Counter claim is a plaint governed by the rules applicable to plaint. Defendant who makes counter claim will take the position of plaintiff and plaintiff will take the position of defendant. Burden of proof shifts accordingly. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n2OmrfIDhrUUTyBmGpZoUsg0M
When decree for declaration of title cannot be granted, the court can grant a decree for partition of the properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/hi9B0gvtzsEqkDMCQpa3e2qpM
Necessary parties in a suit for partition. Karnataka High Court explains the legal position.
https://www.dakshalegal.com/judgements/actionView/Uc1RPR9NZgJv1ruM2w6y9Xvst
Negotiable Instruments Act. When a premature complaint is dismissed as not maintainable, the complainant can institute fresh proceedings by explaining the delay. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GgIk89JaAY3FzTai5bwKKpPtS
Negotiable Instruments Act. Arbitration clause in the contract between the parties is not a bar to initiate proceedings under Section 138. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nZXYydJYeucZDRxB4nJFq6YEM
Delay and laches in filing Writ Petition. Where respondents/authorities are themselves guilty of delay and latches, they cannot raise such plea against petitioner. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZwFdOWD8MGRgR9hesBCLJMmke
Complaint under Section 138 NI Act cannot be dismissed for default for a single non-appearance of the complainant especially when the accused failed to deposit the interim amount. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/lZFTmDEwQWygGF6wyqHoeUkb2
Criminal Law (Amendment) Acts and Ordinances, 1944. Order of interim attachment of property can be passed only after issuance of notice of the application. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9NyV72mtQQgVSwwAjcUSGRhDg
Victim Compensation Scheme. Trial court while awarding interim and final compensation must adopt pragmatic approach for the welfare and well-being of the victim. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6BJzNQKX8xDoY4HD5jgifJsyY
Externment under the Karnataka Police Act. Mere apprehension of the police is not a factor which is required to be considered before passing an order under Section 58 of the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/VVCsmxtjc589PB35oEAvzzHrl
Gravity of the offence is not a relevant consideration to decline bail to juvenile. Known criminality, expose made to any morale, physical or psychological danger and ends of justice being defeated are the relevant factors. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/gaWUSNs9x88Aiphwphy7T70r2
Human teeth cannot be construed as dangerous weapon or means to attract Section 326 of the Indian Penal Code though it can attract Section 325 for voluntarily causing grievous hurt. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/j1cYuxObRm8Lj2okkV1Huh9Bm
Release of seized vehicle under Section 457 of Cr.P.C. Deposit/security amount for release of the vehicle to the interim custody cannot be randomly fixed without any basis. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Qj3Kjg6eBKmAjA8kPYKEcV6oV
Criminal Law. When accused is acquitted, normal rule to restore the property to him unless the court for special reasons order the property to be confiscated or returned to any other person. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Wk9OuFw5w5Ht3YLRJ1Qrg4B67
Counter claim is a plaint governed by the rules applicable to plaint. Defendant who makes counter claim will take the position of plaintiff and plaintiff will take the position of defendant. Burden of proof shifts accordingly. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n2OmrfIDhrUUTyBmGpZoUsg0M
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.
https://www.dakshalegal.com/judgements/actionView/mrnKhdt4GG6g2lRVjM0vyNWfQ
‘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://www.dakshalegal.com/judgements/actionView/4H8JaQcyd8d5JVHAaQP9hSQak

“Know Your Judge”. Justice E S Indiresh. Karnataka High Court.

Justice E S Indiresh celebrates his 52nd birthday today.

Hon’ble Mr. Justice Engalaguppe Seetharamaiah Indiresh was born on 16th April, 1972. Had early education at Pandavapura Town. Secured B.Sc degree from Yuvaraja’s College, Mysore. Obtained degree in Law from Sharada Vilas College, Mysore and LL.M. from University of Mysore. Secured First Rank in Constitutional Law Branch.

Enrolled as an Advocate in the Karnataka State Bar Council on 12.1.1996. Joined the Office of Smt. B.V. Nagarathna, who is presently serving as Judge of Hon’ble Supreme Court of India. Practiced in different branches like Service, Labour, Education etc.

Served as Panel Advocate for Mysore Sugar Company, KSFC, Karnataka Marketing Federation, Oriental Insurance Company, United India Insurance Company etc. Worked as Part-time Lecturer in Sharada Vilasa Law College, Mysuru and later worked at Havanur College of Law and Bangalore Institute of Legal Studies at Bangalore. Was a regular faculty at Karnataka Police Academy and had given lectures on preventive Detention matters, particularly, Goonda Act and Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA).
Served as Government Pleader and as Additional Government Advocate between 2009 till elevation.
Appointed as an Additional Judge of the Karnataka High Court on 07th February, 2020 and Permanent Judge on 25th September, 2021.

Important Judgements delivered by Hon’ble Mr. Justice E S Indiresh.
Sale of property attached towards permanent alimony granted under the Hindu Marriage Act is hit by the provisions of Section 64 of Code of Civil Procedure and Sections 52 and 100 of Transfer of Property Act, 1882. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yNcbnEmI19cgFMjp208uETNd1
Karnataka Co-operative Society Rules. Auction purchaser who fails to deposit entire bid amount within time under Rule 38(2)(i) loses all claims to the property and becomes liable for loss occasioned by the subsequent sale. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GJ99QhLk4S01LfwFPyeSFsMGe
Procedural laws should advance substantial justice to the parties. Technicalities should not come in the way of extending benefits to litigants who approach the Court with clean hands. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AtRgC9gN30fizTFKXRpS0zPXO
Auction purchaser withdrawing from the sale due to the property embroiled in further litigation is entitled for refund of the deposit amount under Order XXI Rule 86 of CPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/hIKK6F6MHhEwnSV8yfWX9N64f
Bombay Public Trust Act. Though alienation of immovable property by the public trust without the previous sanction of the Charity Commissioner is null and void, the challenge to such alienation shall be made within reasonable time. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/98zpR5RpmqdQLsx8ZUkQJGwkW
Temporary Injunction. Latest and important judgment. Principles reiterated and laid down. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oAFBRx7QzmW18opOYqKjJCU3J
Arbitration and Conciliation Act, 1996. Erroneous part of an award can be separated under proviso to section 34(2) instead of ordering fresh arbitration. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rpOeQqJOk00Pivwdz6ZICaNyd
Civil Procedure Code. When written statement is not filed, the court cannot straightway decree the suit. Court must carefully consider ex-parte evidence and give adequate reasons for its judgment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/mgv4ybZNuuCQkknxUy6MhOJck
Even adopted children are entitled for compassionate appointment. Rule to the contrary is violative of Article 14 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rRAEZSt6c7UWvh3kqb1pGHJ9X
In proceeding under Section 125 Cr.P.C, family Court must accept address provided in the petition supported by an affidavit. Technicality shall not defeat the purpose of the provision aimed at safeguarding wife and children. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qtlw55CyevSLoCZuiHPhxte1N
Award of compensation in land acquisition is not as a matter of right and the same is dependent on the persons establishing their title over the property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oG7lWotQ6kfAjQfiaAEwQSCgH
Passing of second award for lands acquired under the National Highways Act, 1956 is without jurisdiction which can be quashed by a Writ despite the availability of alternate remedy under the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Kjni3zORSBUNhtUMCggBFFKuI
Government has no power to prescribe fee structure in private unaided Schools. Karnataka High Court strikes down offending provisions of the Karnataka Education Act as unconstitutional.
https://www.dakshalegal.com/judgements/actionView/yEc9vIUGYwu0S5hGQXbNiNcMS
Tahsildar has no power to evict a person from Government lands under Section 39 of the Karnataka Land Revenue Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/vZ5kPfQbhbj9K6tY0StbO2vyG
Hindu Succession Act. Amended Section 6 has no application in respect of property already sold prior to 20th December, 2004 even though the daughters have not joined the sale transaction. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sXRU5s7HrbdXov2CF2lLwxYI6
Unregistered relinquishment deed can be relied on for the collateral purpose of proving earlier partition and division of joint family status as recited in the deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/knY7JAseZj4F0bjklQM9h5doq
Karnataka Cooperative Societies Act. Authorities under the Act have no jurisdiction to decide title of parties. Validity of registered Sale Deed cannot be gone into under Sections 70 and 118 of the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eiKffHffADriiTcPOoHHzrFG9
Suit for partition. Mere purchase of property in the name of co-sharer does not prove self acquisition when there is joint family nucleus and when independent income is not proved. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Tw9oVZkpfhVfGIURUrkenLnkv