Hon’ble Mr. Justice K. Natarajan celebrates his 61st birthday today.
Hon’ble Mr. Justice Krishnan Natarajan: Born on 05.11.1964 at Bengaluru City. Studied in Primary Education at Government Primary School, Shamanna Bungalow, Sultanpet, Bengaluru and Higher Primary Education at Government Boys’ Middle School, Mamulpet, Bengaluru; Secondary Education at Central High School, K.G. Road, Bengaluru; Pre-University Education at P.U. College, Magadi Road, Bengaluru; B.Com. Degree at Acharya Patashala Evening College, Bengaluru; and, LL.B. Degree at V.V. Puram Law College, K.R. Road, Bengaluru.
Enrolled as an Advocate on 14.02.1992; Started practice under the guidance of Sri V. Jagadish Gowda, learned Advocate, Gandhinagar, in Magistrate Courts and Sessions Courts, Bengaluru.
Started independent practice from January 1995, both in the field of civil and criminal sides, at Bengaluru and other districts of the State of Karnataka. Appointed as a panel Advocate for New India Assurance Company, Bengaluru.
Selected as the District and Sessions Judge and took charge as the District and Sessions Judge on 27.05.2002. Worked as IV Additional Sessions Judge, Kalaburagi from 01.07.2002 till 2005; As an Additional City Civil and Sessions Judge, Bengaluru from 2005 to 2008; As Presiding Officer of Labour Court, Chikkamagaluru between 2008 and 2009; As Principal District and Sessions Judge at Bellary and Dharwad Districts between 2009 and 2013; As Registrar (Review and Statistics) and Registrar (Recruitment) at High Court of Karnataka, Bengaluru from 2013 to 2015; As Principal Secretary to Government of Karnataka, Law Department, Bengaluru between 2015 and 2016; As Principal Judge, Family Court, Bengaluru from 2016 to 2018; As Principal District and Sessions Judge, Shivamogga District from 31.05.2018 till elevation as the Judge of the High Court of Karnataka.
Appointed as an Additional Judge of the High Court of Karnataka on 03.11.2018 and as Permanent Judge on 26.02.2020.
Presently Appointed as Judge of Kerala High Court.
Important Judgments delivered by Hon’ble Mr. Justice K Natarajan.
Advocate making defamatory statement in pleadings without obtaining signature of his clients cannot plead exception to Section 499 IPC. Karnataka High Court.
Criminal proceeding against Notary Public in respect of their official work without prior permission of the Central Government or the State Government is impermissible and is liable to be quashed. Karnataka High Court.
Failure to disburse dividend under the Companies Act, 1956 is a continuing offence. Recurring limitation extends until the payment is made. Karnataka High Court.
Unlike Company, if an offence is committed by Partnership Firm, it is an offence committed by its partners. There is no need to make Partnership Firm an accused in criminal case. Karnataka High Court.
Taking cognizance by the criminal Court cannot be set aside on the ground of defective or illegal investigation, unless illegality in investigation can be shown to have brought about miscarriage of justice. Karnataka High Court.
Magistrate cannot condone delay in filing private complaint, under Section 473 Cr.P.C. without issuing notice to accused/respondent. Karnataka High Court.
“Bhang is a traditional drink and the same is neither a narcotic drug nor a psychotropic substance unless it is prepared out of the substance of Ganja’. – Karnataka High Court.
Land Acquisition Act. In respect of the awards passed after 2013 Act, appeal is maintainable only under Section 74 of the 2013 Act and not under Section 54 of the 1894 Act. Karnataka High Court.
Appointment of eminent Senior Advocate under the SC/ST (Prevention of Atrocities) Rules, 1995 is a special measure to safeguard the interest of the victims. The same cannot be questioned on technical grounds. Karnataka High Court.
Matka gambling. Owner of the premises is also liable under the Karnataka Police Act though he was not present when the Police conducted the raid. Karnataka High Court.
Physically preventing public servant from discharging duties cannot be construed as part of fundamental right to assemble under Article 19(1)(b) of the Constitution. Karnataka High Court.
When a partner commits criminal breach of trust in his individual capacity, the partnership firm need not be made party in the criminal proceedings. Karnataka High Court.
Conviction under Section 138 of Negotiable Instruments Act, 1881 cannot be questioned under Section 482 Cr.P.C when appeal remedy is available. Karnataka High Court.
Negotiable Instruments Act. Section 138. Once NBW is issued against accused, the complainant need NOT take any further steps till NBW is executed or returned. Complaint can NOT be dismissed for not taking steps. Karnataka High Court.
Criminal trial. In appropriate cases, the Court shall suo moto summon the document which is in possession of any of the parties under Section 91 of Cr.P.C. Karnataka High Court.
Proceedings under PMLA initiated and seized properties forwarded to the Adjudicating Authority situated outside the State. Karnataka High Court rejects the challenge for want of territorial jurisdiction.
POCSO Act. Though victim shall not be called frequently for cross examination, fair trial being a fundamental right, the court shall not deny sufficient opportunity to the accused. Karnataka High Court.
Matka and OC gambling fall under Section 78(3) of the Karnataka Police Act which are non cognizable offences. Without seeking permission of the Magistrate under Section 155(2) of Cr.P.C, the police have no authority to register FIR and file the charge.
Negotiable Instruments Act. When accused is convicted and in appeal deposits 20% of the cheque amount as per the Court direction, the complainant is entitled for release of the amount in his favour. Karnataka High Court.
Section 125 Cr.P.C. Step mother can claim maintenance from the income of the property of her husband when she is incapable of supporting herself. Karnataka High Court.
Investigation agencies must communicate final report prepared by them to the first informant as per Section 173(2)(ii) of Cr.P.C. Karnataka High Court directs DG and IGP of the State to issue necessary instructions.
Registering FIR for non-cognizable offences without taking permission from the Magistrate and filing charge sheet without obtaining sanction is not sustainable under the law. Karnataka High Court.
Police adding cognizable offence along with non-cognizable offence in FIR and later dropping cognizable offence from the chargesheet. The same will not cure mandatory requirement of Sanction under 155 (2) of Cr.P.C. Karnataka High Court.
Though CCB is not a Police Station, CCB Police Officers appointed or identified as Investigating Officers can file the final report / charge sheet under Section 173 (2) of Cr.P.C. Karnataka High Court.
Prevention of Corruption Act. Court cannot act as chartered accountant or hold mini-trial while considering the challenge to the prosecution under Section 13(1)(e). Karnataka High Court.
Suit for possession based on illegal dispossession shall be filed within six months from the date of dispossession. Subsequent amendment for possession in a pending suit for injunction will not cure the defect. Karnataka High Court.
Rejection of plaint under Order 7 Rule 11 cannot be resorted to at belated stage when the issues are framed and the suit is already posted for evidence. Karnataka High Court.
When agreement was entered in Gujarat and the work was executed in Kerala, Police/Magistrate at Bangalore do not have jurisdiction over the dispute simply because the complainant’s office is situated at Bangalore. Karnataka High Court.
Adverse Possession as Sword. Plea of adverse possession can be raised by the plaintiff by filing a suit for declaration to perfect his title. Karnataka High Court.
Negotiable Instruments Act. Maximum 20% that can be ordered by the Magistrate to deposit as interim compensation under Section 143-A may be also below 20%. Karnataka High Court.
Land granted by way of public auction on upset price to SC/ST persons cannot be considered as “granted land’’ within meaning of Karnataka SC/ST (PTCL) Act. Karnataka High Court.
Wife cannot initiate prosecution against husband’s girlfriend for allegedly abetting the husband to commit offence under Section 498A, IPC. Karnataka High Court.
’Entire complaint reads like autobiography with no offence made out’. Karnataka High Court quashes criminal proceedings initiated by wife against her in-laws and husband’s relatives u/s 498A, IPC.
Negotiable Instruments Act. When cause of action is same resulting in issuance of common notice, single complaint is maintainable for multiple cheques issued by the respondent/accused. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. When violation of the Act is alleged and resumption is sought by way of an application, it is the duty of the Assistant Commissioner to consider the application. Karnataka High Court.
Matka/gambling. Police officer shall obtain search warrant/permission before going to search and seize. Obtaining subsequent permission does not cure the illegality. Karnataka High Court.
A person out of possession cannot seek the relief of injunction simpliciter without claiming the relief of possession though his title to the property is not disputed. Karnataka High Court.
Specific Relief Act. Section 41(h). Agreement holder cannot file a suit for bare injunction without suing for specific performance. Karnataka High Court.
Mere failure to sell the property as per the agreement of sale or refusal to return advance money does not constitute criminal offence. Karnataka High Court.
When accident is caused by tractor, insurance company is liable to pay compensation even though the trailer is not separately insured. Karnataka High Court.
Foreign Contribution (Regulation) Act. Against rejection of an application for renewal of licence, appeal to High Court under 31(2) is not maintainable having regard to the revision provided under Section 32 of the Act. Karnataka High Court.
Constructive Resjudicata under Order II Rule 2 CPC. A prior suit for eviction and rent arrears does not preclude the filing of a fresh suit seeking damages for use of the premises following termination of the tenancy. Karnataka High Court.
A plaint in a partition suit cannot be rejected on the ground of limitation since a co-parcener’s right to seek partition of ancestral property cannot be barred by limitation unless exclusion is proved. Karnataka High Court.
A wife who is proven to be living in adultery or has voluntarily refused to live with her husband without sufficient cause is not entitled to maintenance under Sections 125 of the Criminal Procedure Code. Karnataka High Court.
No mandamus can be issued to direct banks to accept payments after the OTS scheme’s deadline, as it would be equivalent to rewriting the contract. Writ petitions under Article 226 of the Constitution of India are generally not maintainable if there is an effective alternative remedy available, especially in cases involving recovery of dues by banks and financial institutions under the SARFAESI Act. Karnataka High Court.
In suits for specific performance concerning land granted to SC/ST individuals, courts may grant injunctions to prevent alienation or creation of third-party interests in the property, pending government permission to alienate the property. Karnataka High Court.
Magistrate has the authority to grant interim maintenance to a wife under the Domestic Violence Act, even after the respondent has appeared and filed objections and pending consideration of the main matter. Karnataka High Court.
Criminal proceedings under the Domestic Violence Act against family members of the husband, such as parents-in-law and aunts, are liable to be quashed if the complaint does not contain specific allegations or claims for relief against them, and continuing such proceedings would constitute an abuse of the process of law. Karnataka High Court.
Hon’ble Mr. Justice Vijaykumar A Patil celebrates his 50th birthday today.
Hon’ble Mr. Justice Vijaykumar Adagouda Patil: Born on 14.10.1975. Native of Shedbal, Kagawad Tq, Belgaum District. Completed primary & secondary education at native place. Obtained B.A. degree from Shivananda College, Kagawad. Graduated in Law from University Law College, Dharwad. Completed LL.M. from Post Graduate Department of Studies in Law, Karnataka University, Dharwad & secured 2nd rank. Enrolled as Advocate on 16.07.1999 and practiced at Bengaluru, joined the chambers of Hon’ble Shri Justice Ashok B. Hinchigeri. Practiced in various branches of Law. Worked as High Court Government Pleader & Addl. Government Advocate for a period of 11 years. During the practice, represented as Standing Councel for KIADB, Karnataka Slum Development Board, Karnataka Rural Infrastructure Development Corporation & Mysore Urban Development Authority. Worked as Honorary Lecturer at Sheshadripuram Law College and KLE Society’s Law College, Bengaluru.
Sworn-in as Additional Judge of the High Court of Karnataka on 09.02.2023.
Important judgements delivered by Hon’ble Mr. Justice Vijaykumar A Patil.
When the State takes over private land of a person who has undisputed title over it, the owner cannot be asked to approach the civil court for compensation. Refusal to pay compensation violates constitutional mandate. Karnataka High Court.
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court.
Land grabbing. If the possession over land is traceable to a registered sale deed, the Special Court has no jurisdiction to entertain complaint. Karnataka High Court.
Interpretation of statutes. Where a discretion is conferred on a authority coupled with an obligation the word ‘may’ which denotes discretion should be construed to mean a command. Karnataka High Court.
“Political rallies have some elements of dissemination of knowledge & information to the public at large and they generate lot of political awareness in the voting masses”. Karnataka High Court on PM Modi’s Road Show.
Karnataka High Court upholds NEET of National Medical Commissioner and counselling process seat matrix stipulating quotas for admission in private Homeopathic Medical Colleges.
Wife wilfully abandoning husband cannot claim maintenance under Section 125 Cr.P.C. especially when husband has not refused or neglected to maintain her. Karnataka High Court.
Unlawful Activities (Prevention) Act. Special Court has jurisdiction to deal with the order of extension of remand as well as the applications seeking default bail. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Initiation of proceedings 7 years after the sale that too after receiving the entire sale consideration is hit by doctrine of unreasonable delay. Karnataka High Court.
Hindu Marriage Act. Mere inability of the wife to obey decree for restitution of conjugal rights is not a ground to dismiss her petition for divorce. Karnataka High Court.
Obtaining approval or sanction from the Government is not mandatory while issuing Preliminary Notification under Section 4(1) of the Land Acquisition Act for acquisition of lands in favour of the Karnataka Housing Board. Karnataka High Court.
When the State takes over private land of a person who has undisputed title over it, the owner cannot be asked to approach the civil court for compensation. Refusal to pay compensation violates constitutional mandate. Karnataka High Court.
Divorce. When the allegations of cruelty are consistent and specific which are not refuted by making available for cross-examination and in the absence of any contrary evidence on record, the court shall dissolve the marriage. Karnataka High Court.
Employees Compensation Act. Commissioner is bound to consider the aspect of penalty in accordance with statutory provision when there is delay in payment of even the partial liability. Karnataka High Court.
‘’Article 21 cannot be stretched too long to afford protection to persons who have least concern for the rule of law and pose threat to sovereignty and integrity of the nation.’’ Karnataka High Court while rejecting bail plea of terror accused.
Section 33 of the Evidence Act. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Absolute reliance cannot be placed on the previous evidence given by such witness. Karnataka High Court.
In a proceeding under Section 163-A of the MV Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation. Karnataka High Court.
Application for extension of time to file chargesheet takes priority over an application for default bail when both the applications are filed on the same day. Karnataka High Court.
Lokayukta being watch dog of public administration has locus standi to question the order of service Tribunal when there is inaction on the part of Government/Competent Authority. Karnataka High Court.
A religious Mutt has a fundamental right to own and manage its property. Unless there is determination of excess land holding by appropriate authority, property of Mutt cannot be appropriated. Karnataka High Court.
Compassionate appointment. Court has no power to expand the definition of ‘family’ to include daughter-in-law. Doctrine of reading down may be invoked and applied only when the statute is silent, ambiguous or admits more than one interpretation. Karnataka High Court.
‘’Corruption undermines democracy and the rule of law; courts, as the last bastion of justice, must ensure accountability prevails over impunity.’’ An acquittal in a criminal case does not nullify departmental findings, as standards of proof differ; a Tribunal cannot reappraise evidence or replace the disciplinary authority’s conclusions. Karnataka High Court.
Karnataka Civil Services (Probation) Rules. An order discharging a probationer for unsuitability is a discharge simpliciter, not a termination for misconduct. A formal inquiry is not required even if the preamble cites alleged misconduct or pending criminal cases. Karnataka High Court.
When an application under Order VII Rule 11 CPC is filed seeking rejection of a plaint, the court must decide it at the threshold before commencing the trial. Since the object of this provision is to weed out untenable suits at the outset, conducting a trial without first deciding the application would serve no purpose if the plaint is ultimately rejected. Karnataka High Court.
Karnataka Stamp Act. Court cannot delegate its power to assess stamp duty and penalty to the District Registrar. It must itself examine the document, determine sufficiency of stamp duty, and, if deficient, compute the duty and penalty before directing payment. Karnataka High Court.
Karnataka Civil Services (Probation) Rules. An order discharging a probationer for unsuitability is a discharge simpliciter, not a termination for misconduct. A formal inquiry is not required even if the preamble cites alleged misconduct or pending criminal cases. Karnataka High Court.
A court is obligated to impound a document the moment it appears to be deficiently stamped. An agreement of sale that explicitly states delivery of possession is liable to be impounded for deficient stamp duty. Karnataka High Court.
Karnataka Civil Rules of Practice. A party to the suit is entitled to receive a certified copy of a document that has been produced along with the plaint, regardless of whether the document has been formally admitted into evidence. Karnataka High Court.
Payment of stamp duty and penalty on an instrument, even when ordered by a court under the Karnataka Stamp Act, does not override the four-month time limit for presenting a document for registration as specified in Section 23 of the Registration Act. Court cannot direct a Sub-Registrar to register a document that was not presented for registration within four months of its execution. Karnataka High Court.
Sale of property effected after obtaining an ex-parte partition decree but before the filing of a petition for restoration of the suit raises a triable issue as to whether it is hit by the doctrine of lis pendens. The purchaser is a necessary party to the suit. Karnataka High Court.
An amendment to a plaint, such as adding a prayer for possession in a suit for declaration and permanent injunction, should be liberally allowed, even if filed belatedly, provided it is sought at a pre-trial stage and does not fundamentally alter the nature of the suit or cause irreparable prejudice to the opposing party. Karnataka High Court.
In a suit for specific performance concerning immovable property, when the relief sought pertains to the entire property, court fee must be computed on the market value of the whole property and not merely on the consideration mentioned in the agreement. Karnataka High Court.
Specific Relief Act. A plaintiff’s failure to comply with a conditional decree for specific performance by not paying the balance consideration within the stipulated time, and not seeking a time extension from the court that issued the decree, constitutes willful non-compliance. In such cases, the contract can be rescinded by the court under Section 28(1). Karnataka High Court.
In a partition suit, the defendant is entitled to include properties that have not been mentioned in the plaint. Such inclusion can be made through the written statement and does not amount to filing a counter-claim. Karnataka High Court.
Though plaintiff can seek to summon defendant as his witness under Order XVI Rule 21 CPC, such a request cannot be granted as a matter of right. Trial Court must consider the purpose for which the witness is proposed to be summoned and thereafter, consider the application by assigning proper reasons. Karnataka High Court.
A trial court has the inherent power under Section 151 of the CPC to grant police protection to enforce a temporary injunction when there is a demonstrated pattern of consistent violations, as denying such aid would allow defiance of the court’s order. This power should be exercised in exceptional circumstances, and the police should be directed to provide assistance when specific instances of interference are reported, with the protection remaining in force as long as the temporary injunction is operative. The availability of an alternative remedy under Order XXXIX Rule 2A CPC does not preclude the court from granting police protection. Karnataka High Court.
A counterclaim under Order 8 Rule 6A of the CPC cannot be permitted after the framing of issues. Courts must not allow belated counterclaims if it would cause prejudice, unduly delay the process, or defeat the purpose of the amendment. Karnataka High Court.
No mandamus can be issued to direct banks to accept payments after the OTS scheme’s deadline, as it would be equivalent to rewriting the contract. Writ petitions under Article 226 of the Constitution of India are generally not maintainable if there is an effective alternative remedy available, especially in cases involving recovery of dues by banks and financial institutions under the SARFAESI Act. Karnataka High Court.
When an alternate site is allotted due to the fault of the BDA, interest on differential sital value is chargeable only from the date of legal challenge, not from the original allotment. Karnataka High Court.
Indian Succession Act. Sole legatee, by necessary implication can act as an executor of a Will and can apply for grant probate of Will. Karnataka High Court.
Land Acquisition Act, 1894. If an award is not passed within two years under Section 11A, the acquisition lapses. Pendency of litigation does not extend the period unless a stay order is in effect. A lapsed acquisition creates a fresh cause of action for legal challenge. Karnataka High Court.
When a party secures a favorable order by providing an undertaking to the court but subsequently fails to comply with it, the court has the power under Order 47 Rule 1 CPC to review and recall its order, as non-compliance constitutes a sufficient reason for invoking the review jurisdiction. Karnataka High Court.
Intra-court writ appeals are maintainable when challenging administrative or statutory orders, even if the party invokes Article 227 of the Constitution of India. The power exercised in such cases falls under Article 226. Karnataka High Court.
Indian Telegraph Act. Mere laying of high-tension power transmission lines over private land does not amount to land acquisition but constitutes a statutory right of user. Disputes over sufficiency of compensation must be adjudicated under Section 16(3) by the District Judge, not through writ jurisdiction. Karnataka High Court.
In a suit for injunction, if the defendant disputes the plaintiff’s title, the court must permit an amendment to the plaint to include a prayer for declaration of title. Karnataka High Court.
Land acquisition. When large extent of land is acquired and gigantic financial implications are involved, hearing all the stake holders/beneficiaries regarding enhancement/reduction of compensation would infuse a sense of justice in them. Karnataka High Court.
Land acquisition. Income Tax exemption provided under Section 96 of 2013 Act does not apply to acquisition of land under any other statutes such as the Karnataka Highways Act. Karnataka High Court.
In the absence of statutory mandate for issuance of final notification within the particular time, delay in issuing the final notification cannot be a ground to quash the acquisition proceeding or to declare that the acquisition has been abandoned. Karnataka High Court.
Land acquisition. When large extent of land is acquired and gigantic financial implications are involved, hearing all the stake holders/beneficiaries regarding enhancement/reduction of compensation would infuse a sense of justice in them. Karnataka High Court.
Application for extension of time to file chargesheet takes priority over an application for default bail when both the applications are filed on the same day. Karnataka High Court.
In a proceeding under Section 163-A of the MV Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation. Karnataka High Court.
Section 33 of the Evidence Act. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Absolute reliance cannot be placed on the previous evidence given by such witness. Karnataka High Court.
‘’Article 21 cannot be stretched too long to afford protection to persons who have least concern for the rule of law and pose threat to sovereignty and integrity of the nation.’’ Karnataka High Court while rejecting bail plea of terror accused.
Hon’ble Mr. Justice Hemant Chandangoudar celebrates his 56th birthday today. Hon’ble Mr. Justice Hemant Chandangoudar: Born on 28.09.1969. Enrolled as an Advocate on 11.02.1994.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 11.11.2019 and Permanent Judge on 08.09.2021
Presently Appointed as Judge of Madras High Court.
Important Judgments delivered by Justice Hemant Chandangoudar.
Passport Act. Mere pendency of criminal case not a ground to refuse renewal of passport to return to India. Karnataka High Court.
Karnataka Societies Registration Act. Prosecution for not conducting annual general body meeting cannot launched after six months from the date of the alleged offence. Karnataka High Court.
If land falls within Corporation limits, there is no requirement to obtain permission under Section 95 of the Karnataka Land Revenue Act for diverting agricultural land for non-agricultural purpose. Karnataka High Court.
Criminal Law. Life imprisonment means imprisonment for complete span of life. Consecutive sentences in case of conviction for several offences at one trial does not arise. Application for clarification of sentence is not maintainable. Karnataka High Court.
N.I. Act. Section 138. When cheque is delivered for collection within the territorial jurisdiction of a Court where the payee maintains the account, proceedings cannot be initiated in other place. Karnataka High Court.
When a Company nominates a Director under Section 49(2) of the Legal Meteorology Act, 2009, initiation of penal proceedings against other Directors is not permissible. Karnataka High Court.
Motor Vehicles Act, 1988. Section 147. Person travelling on mud-guard of a tractor is NOT an authorized passenger. Persons working on ploughing/crushing machines attached to tractor are NOT employees. Karnataka High Court.
Customary divorce among Panchamasali Lingayats, though recognised under Section 29-2 of the Hindu Marriage Act, the same is required to be proved strictly in accordance with Section 60 of the Evidence Act. Karnataka High Court.
Attornment of tenancy in favour of purchaser is not required to initiate eviction proceedings under the Karnataka Rent Act, 1999. Karnataka High Court.
Karnataka Land Reforms Act. Tenancy created under registered lease deed by grandfather during minority of grandson. Same is binding unless the lease is challenged within three years after grandson attains majority. Karnataka High Court.
Land Acquisition. Challenge to land acquisition can be rejected by courts on the ground constructive resjudicata and res judicata. Issue regarding fraud already adjudicated binds subsequent proceedings. Karnataka High Court.
Undue influence, unless specifically pleaded in the plaint, cannot be assumed by the court based on evidence during trial. Karnataka High Court reiterates.
RTC entries in revenue records. Deputy Commissioner exercising power under the Karnataka Land Revenue Act cannot sit over the validity of registered title deed. Karnataka High Court.
FIR for the offence under Section 498-A IPC cannot be registered against woman alleged to be in illicit relationship with complainant’s husband unless essential ingredients of the offence are made out. Karnataka High Court.
Defamation. When a class of persons are mentioned to have been defamed and if such a class is indefinite, the complaint cannot be entertained. Karnataka High Court.
Offence by Companies. A person cannot be prosecuted unless he is shown to be in-charge of the Company as Managing director or Director. Karnataka High Court.
Vendor committing breach of agreement to sell his property and returning the advance amount to purchaser does not constitute criminal breach of trust. Karnataka High Court.
SC/ST (Prevention of Atrocities) Act, 1989. ”Pre-existing civil disputes cannot be converted into offences under the Act”. Karnataka High Court while quashing criminal proceedings under the Act.
Negotiable Instruments Act. Directors of a company cannot be held vicariously guilty of the offence punishable under Section 138 when the company is not arrayed as an accused in the complaint. Karnataka High Court reiterates.
Mahazar drawn contrary to Section 100 (4) Cr.P.C. is only irregular. Same cannot be termed as illegal if seizure can be proved upon search conducted. Karnataka High Court.
Person who gifted immovable property to Municipality on the assurance of alternative site is entitled to receive market value compensation if there is no provision for allotment of alternate site. Karnataka High Court.
Obtaining power of attorney from property owner and selling the property to third party does not by itself amount to cheating unless obtaining the power of attorney was with an intention to deceive the owner. Karnataka High Court.
Mere inducement to invest in money doubling scheme in the absence of dishonest intention to cheat the investor from the inception does not constitute either cheating or criminal breach of trust. Karnataka High Court.
FIR lodged during pendency of civil suit between parties giving criminal texture to civil dispute and to wreak vengeance is liable to be quashed. Karnataka High Court.
Bar under Article 363 of the Constitution to enquire into disputes arising out of merger agreement or instrument of accession between Ruler of an Indian State and the Government applies even to Revenue proceedings. Karnataka High Court.
Drugs and Cosmetics Act. Serving Government analyst report on accused after expiration of drug’s shelf life deprives valuable right of the accused to get the drug re-analysed. Criminal proceedings are liable to be quashed Karnataka High.
Range Forest Officer cannot register FIR in respect non-cognizable offences under the Karnataka Forest Act without obtaining prior permission from the Magistrate. Karnataka High Court.
Director of a company who resigned by submitting required Form before the Registrar of Companies cannot be held liable for bouncing of cheque issued after his retirement. Karnataka High Court.
Private complaint in respect of a cognizable offence without complying with Sections 154(1) and 154(3) of Cr.P.C is not maintainable. Karnataka High Court reiterates.
Conscious possession of live cartridges fully knowing the consequences is essential to constitute offence under Sections 3 and 25(1)(a) of the Arms Act. Karnataka High Court.
When there is no clause prescribing minimum quantity of electricity to be purchased by Govt Electricity Company under Power Purchase Agreement, licensee cannot be restrained from injecting power generator into the grid. Karnataka High Court.
To constitute offence under Section 3(1)(j) of the SC & ST (Prevention of Atrocities) Act, the accused must have employed the person for manual scavenging knowing fully well that he belongs to SC & ST community. Karnataka High Court.
Persons who had ceased to be directors of company cannot be arrayed as accused in proceedings under the NI Act in respect of cheque issued by the Company. Karnataka High Court reiterates.
Instigating Police personnel to go on mass leave and to participate in the strike seeking redressal of grievances do not constitute the offence of Sedition. Karnataka High Court.
Employee working under contractor sustaining injuries does not fall under the definition of ‘worker’ as defined under Section 2(l) of the Factory Act. Karnataka High Court.
BBMP Act 2020. Whenever transfer of property comes to the knowledge of the Chief Commissioner through notice under Section 149, he is bound to enter the name of the transferee in the property tax register. Karnataka High Court.
Permission to demolish dilapidated building. Though issuance of notice to adjacent owner is not necessary, it is incumbent to notify when demolition poses threat. Karnataka High Court.
Person who relinquishes land in favour of Corporation is entitled to maximum Transferable Development Rights as per the amendment to KTCP Act. Karnataka High Court.
President of a Gram Panchayat has no power under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 to cancel khata registered in favour of a person. Karnataka High Court.
BBMP cannot refuse to change khata of property duly purchased under a registered sale deed only on the ground of third-party objection. Karnataka High Court.
Gram Panchayat preventing licensed persons from carrying on business by introducing public auction without authority of law violates fundamental right under Article 19. Karnataka High Court.
Rejection of restoration application under the PTCL Act filed after 32 years. Remand of the proceedings on the ground of procedural irregularity cannot be ordered when fresh consideration is a futile exercise. Karnataka High Court.
Delimitation of wards based on the population is flexible clothing the Government with power to meet difficult situation since scale of representation may not be always uniform. Karnataka High Court.
Karnataka SC-ST – PTCL Act. Delay of seven years in applying for restoration of the granted land without any explanation for the delay. Application is liable to be rejected. Karnataka High Court.
”Elections are the essence of democracy”. Karnataka High Court directs the Govt to provide reservation for women in the wards having greater women population and to hold elections at the earliest.
When a statutory appeal is rejected as not maintainable, the appellate authority cannot make observations on merits touching the rights of the parties. Karnataka High Court.
Even the delay of 25 years cannot be a ground to reject application for restoration of deleted entry in revenue records when the applicant acquired the title by registered sale deed which remains unchallenged. Karnataka High Court.
Limitation to apply for cancellation of khata under Section 114A of the Karnataka Municipal Corporations Act is three years from the date of the order and not from the date of knowledge of the order. Karnataka High Court.
Cheque bounce case. Partnership firm cannot be held liable for dishonour of the cheque issued by a partner in his individual capacity. Karnataka High Court.
Criminal proceedings under the Karnataka Private Medical Establishment Act, 2007 cannot be initiated except on a complaint in writing by the authorized officer. Karnataka High Court.
Essential Commodities Act, 1955. Criminal proceedings cannot be initiated only against manager of company without arraying the company as accused. Karnataka High Court.
Insecticides Act, 1968. Criminal proceedings cannot be initiated only against director of company without arraying the company as accused. Karnataka High Court.
When agricultural land falling within local planning area is designated for residential purpose, the permission shall be deemed to have been granted subject to payment of fine prescribed under the Karnataka Land Revenue Act. Karnataka High Court.
Essential Commodities Act. Manager of a company cannot be prosecuted for substandard goods unless the manufacturer/company is arraigned as an accused. Karnataka High Court.
Post-dated cheque presented beyond the period of three months from the date the cheque bears will not attract the provisions of Section 138 of the N I Act. Karnataka High Court.
Before initiating criminal proceedings under the Factories Act, the authorities should pass an order on the reply submitted by the occupier or the factory manager to the show cause notice. Karnataka High Court.
Persons nominated under Section 352(1)(b) of the Karnataka Municipalities Act, 1964 are not eligible to be included in the electoral roll of the Local Authorities Constituency. Karnataka High Court.
When quality supervisor is appointed by a Company under the Fertilizer (Control Order), director of Company cannot be prosecuted for the offences under the Essential commodities Act. Karnataka High Court.
Criminal prosecution launched under the Insecticides Act against director of company without arraigning the Company as an accused is not maintainable. Karnataka High Court.
When company is alleged to have committed offence under the Karnataka Forest Act, prosecution cannot be launched only against the directors without making the company an accused. Karnataka High Court.
Proceedings under Section 138 N.I. Act cannot be initiated against a person who ceased to be director of a Company as on the date of issuance of the cheque. Karnataka High Court.
Legal Metrology Act. Common complaint in respect of several distinct offences based on different causes of action on different facts and different nature is not maintainable. Karnataka High Court.
Karnataka Prohibition of Charging Exorbitant Interest Act, 2004. Police conducting raid without registering FIR at the first instance is illegal. Karnataka High Court.
While considering the application to engage private Prosecutor under Section 302 Cr.P.C, the Magistrate must form an opinion as to whether cause of justice would be subserved. Karnataka High Court.
Karnataka Excise Act. Police Officer entering and conducting search without search warrant or without recording the reasons for dispensing with obtaining search warrant is impermissible. Karnataka High Court.
Death of employee due to the negligence of the owner/occupier of the factory. Simultaneous prosecution under Section 304-A of IPC and Section 92 of the Factories Act is not permissible. Karnataka High Court.
Karnataka Tax on Entry of Goods Act. Denatured spirit and ethyl alcohol are two different products. Clarification cannot run counter to the Tax Entries to levy entry tax. Karnataka High Court.
Insecticides Act. Prior written consent by the State Government or a person authorized by it is mandatory before initiating the criminal prosecution for an offence under the Act. Karnataka High Court.
Insecticides Act. Criminal prosecution only against employee of Company cannot be launched without arraigning the Company also as an accused. Karnataka High Court.
Prosecution for obtaining false caste certificate can be launched only if the certificate is cancelled by the Competent Authority. Magistrate cannot decide the validity of the Caste certificate. Karnataka High Court.
Registration of the FIR under Sections 30 and 35 of the Arms Act which are non- cognizable cases without the order of a Magistrate is illegal. Karnataka High Court.
Sale of property pursuant to proceedings under the SARFAESI Act for the default committed by the borrower cannot be given the colour of criminal offences. Karnataka High Court.
Failure to pay fashion event organiser does not amount to fraud under Section 420 IPC unless there are clear allegations of intention to defraud from the inception. Karnataka High Court.
Wild Life (Protection) Act, 1972. Cognizance cannot be taken merely on the basis of the final report submitted by the Range Forest Officer. Karnataka High Court.
When the purpose of land acquisition is same and lands are similar, same amount of compensation shall be paid to owners, though the lands are lying in different villages. Karnataka High Court.
Registration of multiple FIR by same person against the same accused based on the same set of facts and the same cause of action is impermissible and violative of Article 21 of the Constitution of India. Karnataka High Court.
Wild Life (Protection) Act. Magistrate cannot take cognizance merely on the basis of final report by the police unless there is a complaint made by a person prescribed under Section 55A of the Act. Karnataka High Court.
Before taking cognizance of offence under Section 138 of N.I. Act against out of station accused, preliminary enquiry must be conducted as contemplated under Section 202 of Cr.P.C. Karnataka High Court.
Company purchasing stolen gold jewellery. Employees of the Company cannot be prosecuted unless the Company is also made accused. Karnataka High Court.
https://dakshalegal.com/judgements/actionView/aWbKlpHhLwxU68hmMeKaTucks Removal and transportation of sand after obtaining prior permission of the Government does not attract penal provision of Section 379 of IPC since the Section implies removal of the property belonging to another person without consent. Karnataka High Court.
Investigation of non-cognizable offences. Mere endorsement by the Magistrate ‘permitted’ on the requisition cannot be construed as order under Section 155(2) of Cr.P.C. Karnataka High Court.
Prevention of Corruption Act. Competent authority to grant sanction to prosecute head of the Department is the Cabinet. Minister in-charge has no power to grant such sanction. Karnataka High Court.
No criminal proceedings can be initiated against Notary Public except by an officer authorised by the Central or State Government by general or special order in this behalf. Karnataka High Court.
Tax cannot be levied on telecommunication towers erected by the Bharat Sanchar Nigam Limited (Government of India undertaking) on the immovable property belongs to it, or the Union of India save as the parliament may by law provide. Karnataka High Court.
Suit for partition by woman coparcener is not maintainable if the ancestral property was sold before coming into force of the amended Section 6 of the Hindu Succession Act. Karnataka High Court.
Companies Act, 1956. Offence under Section 217 is not a continuing offence. No criminal prosecution can be launched beyond six months in view of Section 468(2)(a) and (b) of Cr.PC. Karnataka High Court.
Labour Court awarding partial backwages for proven unauthorised absence of workman for a long period runs contrary to the principle of ‘no work, no pay’ and cannot be justified under Section 11-A of the I D Act. Karnataka High Court.
“Prohibition of outdoor advertisement on non-residential private properties violates Articles 14 & 19(1)(a) and (g) of the Constitution of India” declares Karnataka High Court. Directions issued to take strict action against unauthorised hoardings.
No estoppel against statute. Landowners cannot be deprived of compensation for the Road Margin Area even though they accepted condition and derived benefit under the approved plan. Karnataka High Court.
Suit for permanent injunction. Pendency of tenancy dispute under Land Reforms before Tribunal does NOT prevent civil court to deal with issue of possession and to grant temporary/permanent injunction. Karnataka High Court.
Industrial Disputes Act. Labour Court must quantify monetary value payable to the Workman before directing the employer to implement the award under Section 33 (2) (c). Karnataka High Court.
Microbreweries also fall under the Karnataka Excise (Brewery) Rules and are entitled for refund/adjustment of unutilised excise duty and additional excise duty. Karnataka High Court.
Offence under Section 78 (3) of the Karnataka Police Act is non-cognizable. Police officer cannot investigate the offence without obtaining orders from the Magistrate. Karnataka High Court.
Word ‘permitted’ is not an order under Section 155 (2) Cr.P.C. Registration of FIR, in the absence of valid order as specified under Section 155 (2) of Cr.P.C. stands vitiated. Karnataka High Court.
Deputy Commissioner need not follow the procedure prescribed in Rule 5 of the Karnataka Excise Licences (General Conditions) Rules, 1967 while renewing the license. Karnataka High Court.
Religious Institution (Prevention of Misuse) Act, 1988. Election campaign in the temple premises by person who is not in-charge of the affair of the Temple does not attract the Act. Karnataka High Court.
Income Tax Act. Magistrate can take cognizance for the offences under Sections 277 and 278 only on the basis of complaint by the authorized officer with prior sanction from the competent Authority. Karnataka High Court.
Karnataka Police Act. Playing ‘’Andhar Bahar” in private house does not attract Common Gaming-House under the Act. Prosecution cannot launched in such a scenario. Karnataka High Court.
Karnataka Excise Act. Conducting search without obtaining order from the Magistrate and without recording the grounds for its dispensation under Section 54 is illegal. Karnataka High Court.
Mere pendency of litigation, in the absence of any restraint order, cannot be a ground for the Corporation not to enter the name of the purchaser in the khata. Karnataka High Court.
Special Court established under Section 435 of the Companies Act, 2013, cannot take cognizance of an offence committed under the provisions of the Companies Act, 1956. Karnataka High Court.
Transfer of undivided interest by landowner in respect of apartment allotted to developer under Joint Development Agreement. Apartment value cannot be included for stamp duty calculation. Karnataka High Court.
NDPS Act. Importing drugs via consignment. When the ‘Controlled Delivery’ technique fails, proceeding with the criminal prosecution based solely on the voluntary statement amounts to abuse of process of law. Karnataka High Court.
Motor Vehicles Act. Transport schemes depend on various factors and play a pivotal role in ensuring connectivity, mobility and quality of life. Such schemes cannot be interfered with, unless it is arbitrary and discriminatory. Karnataka High Court.
Registered sale deed executed by the Agricultural Produce Marketing Committee cannot be unilaterally cancelled under the Karnataka Agricultural Marketing (Regulation of Allotment of Property in Market yards) Rules 2004. Karnataka High Court.
Criminal prosecution under the Companies Act 2013 cannot be launched for the actions which were valid under the Companies Act 1956. Karnataka High Court.
Sub-division of converted land without obtaining permission under the Karnataka Town and Country Planning Act cannot be a ground to reject transfer of khata by the Municipality. Karnataka High Court.
Planning Authority cannot ask landowner to relinquish land designated for road widening in the Master plan free of cost as a condition precedent for sanctioning the layout plan. Karnataka High Court.
Commissioner of Municipal Corporation cannot give a finding on the title of a person over the property while ordering cancellation of the khata. Karnataka High Court.
Land acquisition. Urgency clause can be invoked only for sufficient reasons to be recorded in writing. Delay on the part of the acquiring body invalidates the proceedings. Karnataka High Court.
Market value for the excess lands utilized for widening of National Highway has to be determined in commensurate with the market value determined in respect of the acquired land. Karnataka High Court.
Doctrine of res judicata cannot be used to reject a plaint, as its determination necessitates an examination of pleadings, issues, and decisions in prior suits. Karnataka High Court.
Urban (Ceiling and Regulation) Act. Revenue Inspector has no power to take possession of excess land. Karnataka High Court restores land to the owners after 30 years.
Criteria for exercising power under Section 482 Cr.P.C to quash FIR is the situs of the authority who has registered the case and not the place of commission of the crime either in full or part. Karnataka High Court.
Obtaining Succession Certificate by producing fabricated relinquishment deed. Cognizance of such offence can be taken only upon a complaint in writing of that Court or by any person authorized as stated under Section 195 of Cr.PC. Karnataka High Court.
Commission earned by payment aggregator, without the knowledge of the criminality, cannot be termed as facilitating illegal money transfer to invoke Section 3 of the Prevention of Money Laundering Act. Karnataka High Court.
Earnest money in sale transaction represents guarantee that purchaser will perform his part of the contract. It can be forfeited only when the transaction fails by reasons of the default or failure of the purchaser and not otherwise. Karnataka High Court.
Negotiable Instruments Act. Power of Courts to order interim compensation under Section 143(A) can be only in respect of the offences committed after the introduction of the Section in the statute book. Karnataka High Court.
Change of use under Section 14A of the Karnataka Town and Country Planning Act is not a condition precedent for conversion of land for non-agricultural purposes under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.
Plaint can be rejected on the ground of resjudicata if the claim in the subsequent suit is based on the status of a person (adoption) already negatived in the earlier suit. Karnataka High Court.
Accused who is not charged with the predicate offence can still be prosecuted for the offence under the Prevention of Money Laundering Act. Karnataka High Court.
Land Acquisition Act. Delay in issuing preliminary and final notification has material bearing on the question of invocation of urgency power. Karnataka High Court.
Karnataka Municipal Corporations Act. Cancellation of khata under Section 114A can be resorted to only within the period of limitation. Belated challenge to a legally entered khata is impermissible. Karnataka High Court.
Government employees are entitled to reimbursement towards medical expenses incurred at non empanelled private hospitals when a recognized government hospital refers the patients to a non-empanelled private hospital for any reason. Karnataka High Court.
Karnataka Stamp Act. Deposit of the entire disputed amount in appeal under Section 45-A does not mean accepting the order of the competent authority under appeal. The appellate authority must decide the matter on merits. Karnataka High Court.
An arbitral award involving monetary claims is a Court decree and cannot be construed to be a movable property to levy stamp duty under the Karnataka Stamp Act. Karnataka High Court.
Once joint family property has been distributed in accordance with Section 8, the property ceases to be joint family property. Suit for partition by grandchildren is not maintainable. Karnataka High Court.
SARFAESI Act. Bank’s mortgage holds priority over a property. Registration of a sale certificate to an auction purchaser cannot be denied due to outstanding debts, taxes, or government dues. Karnataka High Court.
A plaint can be rejected if it is time-barred under the Limitation Act. The court must rely solely on the plaint averments to determine the issue as to whether a plaint must be rejected, assuming the averments therein to be true. Karnataka High Court.
Land already vested and re-granted under the Mysore (Religious & Charitable) Inams Abolition Act cannot be dealt with under the Karnataka Village Offices Abolition Act or under any other enactment. Karnataka High Court.
Mere issuance of a cheque subsequent to the expiry of the limitation period does not operate as a fresh cause of action or extend the limitation period for filing a civil suit for recovery. Karnataka High Court.
A second suit for declaration, filed beyond the limitation period, is not maintainable when the plaintiff failed to amend the plaint in the first injunction suit, where the defendant disputed plaintiff’s title. Karnataka High Court.
Suit for declaration is necessary only when defendant’s denial of plaintiff’s title raises a cloud over the plaintiff’s tittle. A simple denial by a trespasser or interloper does not constitute raising a cloud over the title. Karnataka High Court.
Karnataka Land Revenue Rules. Grant of land ‘gunduthopu’ for usufructuary usage cannot be unilaterally cancelled and the land be re-allotted without following the procedure under the Rules. Karnataka High Court.
Decree cancelling sale deed merely recognises plaintiff’s pre-existing rights over the property. Such a decree need not be registered under Section 17 of the Registration Act. Karnataka High Court.
Karnataka Land Reforms Act. While considering the application for occupancy rights under Section 77A, the Deputy Commissioner cannot order vesting of the land with the Government by treating the land to be excess holding. Karnataka High Court.
When application under Section 17 of SARFAESI Act is disposed of as infructuous due to a settlement between the borrower and bank, the applicant is entitled for refund of the court fee. Karnataka High Court.
Karnataka Village Offices Abolition Act. Watan property can be partitioned between the members of the family only after the re-grant is completed. Tahsildar has no power to partition the Watan properties while regranting. Karnataka High Court.
Urban Land (Ceiling and Regulation) Act. When lawful possession was not taken under Section 10(5) and 10(6) of the Act, the landowners can seek restoration of the excess land. Karnataka High Court.
Juvenile Justice (Care and Protection of Children) Act. Adoption of child born to minor rape victim. Consent of rape-accused biological father cannot be insisted for adoption of the child. Karnataka High Court.
Arbitration and Conciliation Act. Application for referring the dispute to arbitration under Section 8 cannot be filed after the expiry of the outer limit to file the written statement. Karnataka High Court.
Recovery of Debts Due to Banks and Financial Institutions Act. Partial release of an equitable mortgage by the creditor bank from a co-surety is legally valid and cannot be questioned by the principal debtor. Karnataka High Court.
Prevention of Money Laundering Act. Existence of ‘reason to believe,’ mandates the presence of sufficient cause to indicate the commission of the offence of money laundering. Mere possession of proceeds, whether by chance or accident, does not necessarily imply involvement in money laundering activities, such as generating or concealing illicit funds. Karnataka High Court.
Criminal law cannot be used to settle civil disputes when ownership and possession of the disputed land are already subject to adjudication in a civil court. Hence, criminal proceedings under Section 447 IPC (Criminal Trespass) cannot not be sustained. Karnataka High Court.
Negotiable Instruments Act. A joint account holder who has not signed a cheque cannot be prosecuted under Section 138. Merely holding a joint account does not attract penal consequences. Karnataka High Court.
Negotiable Instruments Act. Complainant must prima facie establish that the cheque was issued by the accused towards a legally enforceable debt. Failure to demonstrate this results in quashing of the complaint at the threshold. Karnataka High Court.
Stamp duty must be levied solely based on the content of the sale deed and not inferred from extraneous factors. Indian law recognizes dual ownership of land and structures, and unless explicitly conveyed, built-up areas cannot be included in the valuation of a land sale deed. Karnataka High Court.
Arbitration and Conciliation Act. Failure to object at the earliest opportunity to the continuation of arbitration proceedings implies implied consent to the extension of the tribunal’s mandate. In the absence of a prescribed limitation period, applications under Section 29-A(5) must be filed within a reasonable time. Karnataka High Court.
A suit for partition cannot be maintained during the lifetime of a father if the property was inherited under Section 8 of the Hindu Succession Act. Mere receipt of property from a father does not make it ancestral unless it was inherited as joint family property. Karnataka High Court.
The doctrine of proportionality requires that immediate arrest in financial crimes be used only as a last resort when lesser intrusive measures have failed. For economic offenses punishable by imprisonment up to seven years under the CGST Act, 2017, a notice of appearance under Section 35(3) of BNSS, 2023, is mandatory before arrest. Karnataka High Court.
Rejection of plaint. Mere suit for declaration without consequent prayer for recovery of possession is not maintainable. Such plaint is liable to be rejected. Karnataka High Court.
Land transactions before the issuance of the final notification for land acquisition under the Bangalore Development Authority Act, 1976, are valid and not restricted by the Karnataka Land Restriction of Transfer Act, 1991. Karnataka High Court.
The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot be applied to a partition deed executed before the Act came into force. If a partition deed does not include a clause requiring the allottee to provide basic amenities and physical needs to senior citizens, the competent authority cannot exercise power under Section 23 of the Act to cancel the partition deed. Karnataka High Court.
Giving false evidence or fabricating documents. Before initiating a complaint for offences affecting the administration of justice, Court must record a clear finding. The absence of an opinion to hold an enquiry renders the impugned direction procedurally unsustainable. Karnataka High Court.
Personal liberty. The mandate to furnish written grounds of arrest to an arrestee is a crucial safeguard of the arrestee’s rights under Articles 21 and 22(1) of the Constitution. Non-compliance with this requirement vitiates the arrest and any subsequent remand order, even if the arrest occurred before the Pankaj Bansal ruling. Karnataka High Court.
Husband cannot be saddled with liability to pay maintenance under different maintenance laws. The court has to take into consideration the maintenance already awarded in the previous proceeding and grant an adjustment or set off of the said amount. Karnataka High Court.
Hon’ble Mrs. Justice Jyoti Mulimani celebrates her 57th birthday today.
Hon’ble Miss. Justice Jyoti Mulimani: Born on 15.08.1968. Enrolled as an Advocate on 31.07.1992. Handled all types of Civil Cases. Hindu Law, Probate, Company, Arbitration. Constitutional, Tax & Tariff. Electricity, Education, Service, Motor Vehicles, and Excise matters. Served as a Mediator and Trainer in Bengaluru Mediation Centre for the past 12 years.
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 Miss. Justice Jyoti Mulimani.
Civil court cannot enhance compensation under the Indian Telegraph Act towards diminution value if the Deputy Commissioner has already awarded under a particular head. Karnataka High Court.
Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act can invalidate Gift only if the Gift has condition that the transferee shall provide basic amenities and basic physical needs to the transferor. Karnataka High Court.
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
Recognition of Trade Union cannot be demanded as a matter of right. Recognition depends on the discretion of the employer which cannot be imposed by invoking Articles 226 of the Constitution of India. Karnataka High Court.
Where title of the plaintiff is disputed by the defendant, mere suit for bare injunction without supporting prayer for declaration is not maintainable. Karnataka High Court.
Transfer of property in violation of law against fragmentation is void and does not confer title. Suit based on such transfer is liable to be dismissed. Karnataka High Court.
When an officer is entrusted with the duty to decide the issue, detailed order and not an official memorandum is required to be passed. Karnataka High Court.
Though mortgage by deposit of title deeds can be created by handing over title deeds to lender, if the parties reduce the contract to writing, the document alone would be the sole evidence of its terms. Karnataka High Court.
Corporation cannot cancel khata without passing a speaking order and without giving an opportunity to person who may adversely be affected. Karnataka High Court.
Prohibition of transfer of land under the Karnataka Land Reforms Act applies even to agreement of sale. Specific performance of such agreement cannot be granted. Karnataka High Court.
KIADB Act. Terms of lease-cum-sale agreement prevail over Regulations governing disposal of lands. Once a lease-cum-sale agreement is executed, the Board cannot revoke the allotment citing the Regulations. Karnataka High Court.
Payment of Gratuity Act. Controlling Authority cannot entertain application claiming gratuity after inordinate delay beyond the period of limitation. Karnataka High Court.
Senior Citizens Act. Petition against non-relatives is not maintainable especially when the gift deed is silent about maintenance. Karnataka High Court.
Hindu Law. Gift by a coparcener of his undivided interest in the coparcenary property either to a stranger or to his relation without the consent of the other coparcener is void. Comprehensive Judgement of the Karnataka High Court.
Hon’ble Mr. Justice Ramachandra D. Huddar celebrates his 62nd birthday today.
Honble Mr. Justice Ramachandra Dattatray Huddar: Born on 13.08.1963. Native of Gokak, Belgaum District. Graduated in Law from R.L. Law College, Belagavi. Enrolled as Advocate and practiced at Gokak. Appointed as Munsiff on 08.02.1995. Appointed as District Judge on 02.07.2009. Served as Registrar (Review & Statistics), Registrar (Administration), Addl. Registrar General, Dharwad Bench, Registrar (Infrastructure & Maintenance) & Registrar (Computers). Served as Prl. District & Sessions Judge, Dharwad, Mysuru. Worked as Director, Karnataka Judicial Academy, Bengaluru. Served also as Prl. City Civil & Sessions Judge, Bengaluru and Sworn-in as Additional Judge of the High Court of Karnataka on 24.01.2023.
Important Judgments delivered by Hon’ble Mr. Justice Ramachandra D Huddar.
Money belonging to a citizen is his property. If that is retained by the State, that amounts to temporary acquisition of property for which compensation has to be paid going by Article 300A of the Constitution of India. Karnataka High Court.
Banking Regulation Act. Bank can discontinue employment of a person who is convicted for an offence involving moral turpitude, whether he is sentenced or not. Karnataka High Court.
‘’Judges cannot act like Mughals of bygone era’’. High Court cannot issue writ in derogation of law or transcend the barriers of law. Karnataka High Court.
Negotiable Instruments Act. When cheque is returned with the endorsement ‘’payment stopped by drawer’’, the penal provisions of the Act are attracted. Karnataka High Court.
Land acquisition. Denotification and rescinding the denotification has to be gazetted so that the stakeholders challenge it; and the unscrupulous landowners would not prey the potential buyers on the basis of Denotification. Karnataka High Court.
UAP Act. Informal body of individuals ‘concerned’ with the terrorist act, though not actually involved in terrorist act, is also covered under the definition of ‘terrorist gang’. Karnataka High Court.
Mere usage of the words ‘Khayam’ or ‘Nirantara’ in a collateral document does not make lease of immovable property a ‘permanent lease’. Karnataka High Court.
When the appellate Court receives additional evidence such as expert opinion which requires to be analysed by the trial Court, the matter can be remanded to the trial Court. Karnataka High Court.
Not every application under Order 21 Rule 97 of CPC requires detailed enquiry. Courts must reject frivolous application at the threshold to enable the decree holder to reap the benefits of the decree. Karnataka High Court.
Hindu Succession Act. Failure on the part of daughters to claim share in house property in a family partition does not amount to abandonment of claim under the unamended Section 23. Karnataka High Court.
Criminal Law. Circumstantial evidence. Proved circumstances must be consistent only with hypothesis of guilt of accused and totally inconsistent with his innocence. Karnataka High Court.
Industry showing payment of overtime wages as conveyance charges to evade the ESI contribution. Karnataka High Court imposes exemplary cost on the appellant industry.
Though earlier suit for injunction does not operate as resjudicata, specific issues framed in the earlier suit and the decision rendered therein would certainly operate as resjudicata. Karnataka High Court.
Plaintiff is bound by law of limitation when he files a fresh suit under Order 23 Rule (1) CPC. If liberty is granted at the appellate stage, the cause action for fresh suit must be different than the earlier one. Karnataka High Court.
Specific performance. Subsequent escalation in market value is not a ground to refuse specific performance of the agreement when all other factors are proved. Karnataka High Court.
While an unpaid vendor’s usual remedy is to sue for the sale consideration, if the validity of the instrument is challenged and the transaction is alleged to be voidable on grounds of fraud or misrepresentation, a suit for declaration and cancellation is a recognized course. The existence of such a triable issue justifies the grant of a temporary injunction. Karnataka High Court.
A civil court shall return a plaint under Order VII Rule 10 of the CPC instead of rejecting it when a related commercial suit between the same parties is pending before a Commercial Court, as this avoids conflicting judgments and multiplicity of proceedings. Karnataka High Court.
Employees State Insurance Act. Labourers engaged through contractors for construction and repair works undertaken within the factory premises are to be treated as `employees’ within the meaning of Section 2(9). Karnataka High Court.
Children born from a second void marriage are not entitled to seek an injunction against the children of the first marriage to prevent them from alienating joint family properties that have already been partitioned. Their rights, if any, are confined solely to the share of the property allotted exclusively to the father. Karnataka High Court.
Principle that a suit for bare injunction does not lie when title is seriously disputed is not an inflexible rule. A temporary injunction can be granted to protect established and lawful possession, even when title is disputed, if the possession is clearly evidenced and its disruption would cause irreparable harm. Karnataka High Court.
Abetment to commit suicide. A criminal conviction cannot be sustained based solely on the uncorroborated and inconsistent testimony of a single interested eyewitness, particularly when contradicted by other evidence, as it fails to meet the standard of proof beyond reasonable doubt, entitling the accused to the benefit of doubt. Karnataka High Court.
Posthumous registration of a Will is legally permissible and does not, in itself, invalidate the Will or render it suspicious. Courts cannot prejudge the genuineness of a Will at the interlocutory stage based solely on such registration, as its validity must be determined through evidence at trial. Karnataka High Court.
Foreign Marriage Act. A marriage conducted in accordance with the customs or religious practices of a foreign country, and supported by evidence such as cohabitation, joint finances, and social recognition, holds legal validity in India, regardless of whether it is registered under the Act. Karnataka High Court.
Karnataka Protection of Interest of Depositors in Financial Establishments Act. Proceedings for attachment of property does not require a prior criminal case or naming as accused in a charge sheet. Special Court has jurisdiction to examine whether a property transfer was made in good faith or for proper consideration irrespective of the status of any related criminal proceedings. Karnataka High Court.
A person from the ‘Veerashaiva Lingayat’ community cannot claim the benefits of the ‘Beda Jangama’ Scheduled Caste. Mere grant of ‘Beda Jangama’ Certificate to a member of the family would not permit issuance of certificate to other claimant if they belong to ‘Veerashaiva Lingayat’ Community. Karnataka High Court.
Prevention of Corruption Act. Conviction is justified when complainant’s evidence, if consistent and corroborated by material particulars e.g., shadow witness, forensic evidence, and accused’s conduct, can establish the demand, particularly when the defence’s explanation is unconvincing. Karnataka High Court.
Prevention of Corruption Act. Presumption under Section 20 of the Act arises only after the prosecution proves the demand and acceptance. The appellate Courts should not lightly interfere in acquittals unless findings are perverse. Karnataka High Court.
Service Law. Candidates who join service late, even with authorized extensions, will have their seniority determined by their actual date of joining, rather than their position in the select list. However, once the seniority lists are finalized and have been in effect for a long period of time, they cannot be retroactively revised to unsettle established rights. Karnataka High Court.
Children from a second marriage are entitled to a share in their father’s share in ancestral property, even if their mother had relinquished her rights. Any sale of joint family property without the consent of all co-owners does not affect the inheritance rights of non-consenting legal heirs. Karnataka High Court.
A service provider is entitled to reimbursement of additional tax liability arising due to statutory changes. An arbitration clause does not bar writ jurisdiction when public law principles or contractual fairness are involved. Karnataka High Court.
Service Law. Courts and tribunals can intervene with an order imposing penalty or punishment when the order is issued by an authority lacking jurisdiction; when the decision is unsupported by evidence and when there is a gross violation of the principles of natural justice. Karnataka High Court.
Contract Act. When fixed deposits are offered as collateral security towards loan, Bank can exercise its general lien over the fixed deposits. Karnataka High Court.
Freedom Fighters pension. Care has to be taken to see that real freedom fighters do not suffer, at the same time, fictitious claims have to be sternly dealt with on merits. Karnataka High Court.
Demonetisation. Confiscation of specified Bank notes by the investigating agencies. Person can seek exchange of the notes from the Union of India only on production of direction of the Court to that effect. Karnataka High Court.
Hon’ble Mr. Justice S. Sunil Dutt Yadav celebrates his 53rd birthday today.
Hon’ble Mr. Justice Siddappa Sunil Dutt Yadav: Born on 3rd August 1972. Appointed as Additional Judge of the High Court of Karnataka and took oath on 14.02.2018 and Permanent Judge on 07.01.2020.
Important judgments delivered by Hon’ble Mr. Justice Sunil Dutt Yadav.
Compensation towards tortious acts of State entities. Concurrent remedy no bar to exercise writ jurisdiction. Karnataka High Court awards compensation of Rs. 1.19 Crore for death and injury due to electrocution.
Claim to property based on adverse possession. Period starts from the time of giving up the claim based on title. Plea of title and adverse possession are mutually inconsistent. Karnataka High Court.
Unlike access to justice, forum convenience is not a fundamental right. Only the Chief Justice of High Court has power to allocate work to puisne judges of respective benches of High Court. Karnataka High Court clarifies.
Service Law. Stigmatic termination of an employee cannot be done by following termination simplicotor Rule abandoning disciplinary proceedings. Karnataka High Court.
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.
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.
Assessee is entitled for ‘Nil Tax Deduction at Source’ for payments made towards reimbursement of salaries of deputed expatriate employees. Karnataka High Court.
Service Law. Wherever horizontal reservation of eligible candidates are not found, it is the duty of the authorities concerned to then have a vertical reservation. Karnataka High Court.
Service Law. Transfer order, after the period of general transfers without showing place of posting, is not permissible. Place of transfer must be to a vacant post. Karnataka High Court.
Prevention of Corruption Act. Previous sanction is not required before passing an order for investigation under Section 156(3) of Cr.P.C. Authoritative pronouncement of the Karnataka High Court.
Karnataka Grama Swaraj and Panchayat Raj Act. Chief Executive Officer cannot terminate employees of the Grama Panchayat since the competent authority is the Gram Panchayat. Karnataka High Court.
There must be a specific allegation that the action complained of amounts to interference or attempt to interfere with the free exercise of electoral right by undue influence at an election to constitute offence under Section 171C, IPC. Karnataka High Court.
Where driver of vehicle had no valid and effective driving licence, the insurance company shall pay the compensation to the claimant and recover the same from owner of the vehicle. Karnataka High Court reiterates.
MVC Act. Amputation of leg need not always result in 100% disability for the purpose of awarding compensation when the claimant can do the work which is not strenuous in nature. Karnataka High Court.
Borrower of motor vehicle steps into the shoes of the owner of the vehicle and hence the borrower of the vehicle or his legal heirs are not entitled for compensation. Karnataka High Court.
Arbitration and Conciliation Act, 1996. Even non-signatories will be bound by the arbitration agreement, if there is implied consent to be bound and a direct relationship with the signatory. Karnataka High Court.
Election Law. Purchase of Medi Assist Policies by a candidate prior to nomination but distribution of the same after the nomination would amount to bribery in terms of Section 123 of the R.P. Act. Karnataka High Court.
Escaped assessment under the IT Act. ‘Income chargeable to tax’ is income as arising out of the capital gains and not the entire sale consideration. Karnataka High Court.
Service Law. Person ineligible for the post cannot question the appointment of another person to the post since Public Interest Litigation is impermissible in Service matters. Karnataka High Court.
Re-assessment under Section 148A (d) of the Income Tax Act against a Company already merged with another Company is a substantive illegality and without jurisdiction. Karnataka High Court.
Reopening assessment under Section 148 IT Act. Reasons for issuing notice once communicated and objections received, the officer is duty bound to adjudicate upon the same before reassessment order is passed. Karnataka High Court.
“Disputes between the governmental bodies cannot be dragged before the constitutional courts”. Karnataka High Court sets up committee to resolve the dispute between APMC and BMRCL regarding compensation.
Grant of sanction u/s 197 Cr.P.C. is an administrative function and the presumption under Section 114(e) of the Indian Evidence Act that official acts have been performed regularly can be applied. Karnataka High Court.
Grant of NOC from the Ministry of Defence for construction within the vicinity of Defence Establishment can only be as per the provisions of the Works of Defence Act, 1903. Executive instructions cannot be relied on. Karnataka High Court.
Determination of market value under Section 26 of 2013 Land acquisition Act shall be as per the guidelines in Section 26 of 2013 Act and not based on earlier Gazette Notification. Karnataka High Court.
Amendment of pleading cannot be rejected on the ground of delay when the Court exercises power under Section 26 (4) of the Specific Relief Act. Karnataka High Court.
Alternate appellate remedy. If exercise of jurisdiction by a Tribunal ex-facie appears to be an exercise of jurisdiction in futility, it will be permissible for the High Court to interfere in exercise of its writ jurisdiction. Karnataka High Court.
Judicial proceedings initiated by a third party other than the employer cannot be a reason to withhold pension payable to public servant. Karnataka High Court.
Right to privacy of Aadhaar number holder has to be protected. Marriage does not eclipse the right to privacy which is protected by the procedure of hearing under Section 33 of the Aadhaar Act. Karnataka High Court.
Employees Compensation Act. Commissioner is bound to consider the aspect of penalty in accordance with statutory provision when there is delay in payment of even the partial liability. Karnataka High Court.
Re-assessment under the Income Tax Act. Assessee duty to disclose does not extend beyond full and truthful disclosure of all primary facts and does not include inferences. Karnataka High Court.
Whether BBMP can demand full property tax from the Educational Institutions? High Court of Karnataka takes up the issue and grants stay of the demand notice.
Procedure to be followed by BBMP in cases of reopening self-assessment where returns are not filed and in cases of random scrutiny. Karnataka High Court lays down guidelines.
Indian Succession Act. While granting Letters of Administration to the sole legal heir of the deceased, Court has no power to impose condition of non-alienation of the property on the petitioner. Karnataka High Court.
Disqualification to hold Office in local bodies. Work done for the Gram Panchayat at an earlier point of time would not operate as a disqualification. Karnataka High Court.
Karnataka Co-operative Societies Act. Disqualification for not clearing loan due to the Society as on the date of election. Subsequent clearing of dues will not wipe out the disqualification. Karnataka High Court.
Demonetisation. Confiscation of specified Bank notes by the investigating agencies. Person can seek exchange of the notes from the Union of India only on production of direction of the Court to that effect. Karnataka High Court.
Suit for specific performance. Purchaser of the property from the owner is a necessary party in the proceedings and hence requires to be arrayed as a party defendant. Karnataka High Court.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. Appellate authority has powers to pass interim orders in appeals under Section 18 of the Act. Karnataka High Court.
Memo for withdrawal of a case does not require signature of the litigant since the Advocate is fully authorised to take action on behalf of the clients in the vakalat itself. Nevertheless, it is prudent for advocates to obtain written instructions from their clients prior to withdrawing the case. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. The initiation of suo moto proceedings for resumption within five years from the date of commencement of the Act cannot be considered illegal or vitiated by delay. Karnataka High Court.
Legitimate expectation. An order which has the effect of reversing a pay hike has the consequence of upsetting financial planning of employee visiting civil consequences which cannot be resorted to without affording an opportunity of hearing. Karnataka High Court.
A suit seeking a declaration regarding matrimonial status, whether affirmative or negative, falls within the exclusive jurisdiction of the Family Court under Section 7(1)(b) of the Family Courts Act, 1984. The nature of relief sought does not affect maintainability, and Civil Courts are barred from entertaining such suits. Karnataka High Court.
Criminal Law. A conviction under Section 302 IPC can be upheld without an independent eyewitness if res gestae witnesses, forensic evidence, and motive prove guilt beyond a reasonable doubt. Testimony from the deceased’s family cannot be dismissed for bias, and minor contradictions or hostile witnesses do not weaken a well-supported prosecution case. Karnataka High Court.
Temporary employees performing the same duties as regular employees are entitled to equal pay. Prolonged engagement at exploitative wages violates Article 23, and courts can mandate compensation equivalent to the minimum prescribed salary. Karnataka High Court.
Grama Panchayat property tax. The determination of tax liability and entitlement to exemptions must be in accordance with the applicable rules at the time the tax is levied. Karnataka High Court.
Claim to property based on adverse possession. Period starts from the time of giving up the claim based on title. Plea of title and adverse possession are mutually inconsistent. Karnataka High Court.
Where a principal employer utilizes contract labor for essential, permanent, and perennial work, especially to bypass recruitment bans and in violation of the Contract Labour (Regulation and Abolition) Act, such employees are entitled for regularization. Karnataka High Court.
A person from the ‘Veerashaiva Lingayat’ community cannot claim the benefits of the ‘Beda Jangama’ Scheduled Caste. Mere grant of ‘Beda Jangama’ Certificate to a member of the family would not permit issuance of certificate to other claimant if they belong to ‘Veerashaiva Lingayat’ Community. Karnataka High Court.
Postal Department, as a public utility, cannot deny or suspend services or agreement renewals to an entity based on mere allegations of criminal or fraudulent activities or pending investigations without a conclusive judicial finding. Karnataka High Court.
Hon’ble Mr. Justice Ravi V. Hosmani celebrates his 54th birthday today.
Hon’ble Mr. Justice Ravi Venkappa Hosmani: Born on 29.07.1971. Enrolled as an Advocate on 07.07.1995 at Bengaluru. Started practice before the High Court of Karnataka at Bangalore both on the Original and Appellate stages in Writ Jurisdiction as well as on the Civil Appellate side. Also appeared before the Trial Courts, Appellate Authorities, Tribunals etc. And from July 2008 practised before the High Court of Karnataka Dharwad Bench. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 07.01.2020 and Permanent Judge on 25.09.2021.
Important judgments delivered by Hon’ble Mr. Justice Ravi V Hosamani.
The specified value and suit valuation in IPR suits below Rs. 3 lakhs shall be examined by the Courts to ensure it is not arbitrary or unreasonable and the suit is not undervalued. Karnataka High Court.
Motor Vehicles Act, 1988. Death of employee. Amount received by dependents under group insurance scheme is NOT a pecuniary advantage and can NOT be deducted from the MVC compensation. Karnataka High Court.
Criminal Law. Testimony of a witness who identified the accused for the first time in Court without knowing him before, and in the absence of any Test Identification Parade, would be valueless and unreliable. Karnataka High Court.
When suit for specific performance is dismissed and in the absence of prayer against dispossession, defendant/owner has a right to get back possession of the property in accordance with law. Karnataka High Court.
Suit for partition. Défense of prior partition becomes weak when revenue entries do not stand separately and exclusively in the name of the family members. Karnataka High Court.
Defendant cannot be placed exparte merely on process server report unless the court is satisfied that each one of the steps contemplated for service of notice is complied with. Karnataka High Court.
A co-owner cannot seek temporary injunction against another co-owner on the ground of adverse possession unless there is a partition of the property by metes and bounds. Karnataka High Court.
Registration Act. When refusal of registration is endorsed on a deed, the only remedy is appeal under Section 72. The refusal cannot be recalled under Section 68(2). Karnataka High Court.
A husband, as a Class-I heir, is entitled to compensation for loss of dependency due to the death of his wife in a motor vehicle accident, unless the insurer can conclusively prove separation or a second marriage. Karnataka High Court.
Suit for declaration of title based on mere mutation entries without written and registered instrument of title in suit property cannot be decreed. Karnataka High Court.
Transfer of Property Act. Duration of lease of immovable property for agricultural or manufacturing purposes under Section 106 need not necessarily be from year to year when the contract between the parties is for a lesser period. Karnataka High Court.
Intestate succession. Deceased leaving his brother and widow of his second brother. Brother, as Class-II heir, excludes the widow who falls in entry VI. Karnataka High Court.
Karnataka Municipalities Act. Without issuing Notification specifying the area within which construction is prohibited, action cannot be initiated under Section 189 of the Act. Karnataka High Court.
When property is registered as Wakf contrary to law and in violation of principles of natural justice, such registration is liable to be quashed without driving the aggrieved parties to avail alternate remedy. Karnataka High Court.
The active involvement of beneficiaries in the preparation of a Will is a significant factor that can raise suspicions about the document’s authenticity and potentially discredit it. Karnataka High Court.
Specific performance. Lack of pleadings in a particular format cannot be a ground to deny specific performance of the agreement when the plaintiff exhibits blemishless conduct, readiness and willingness. Karnataka High Court.
Partition. Merely establishing sufficient income from HUF properties, plaintiff cannot seek to lay claim property on the basis of general presumption without specific evidence that it was purchased with HUF funds. Karnataka High Court.
When suit for specific performance is dismissed and in the absence of prayer against dispossession, defendant/owner has a right to get back possession of the property in accordance with law. Karnataka High Court.
An ex-parte decree can be challenged in a regular appeal under Section 96 CPC for improper summons service, even without availing the remedy under Order IX Rule 13, especially if procedural irregularities or factual discrepancies regarding service are evident from the record. Karnataka High Court.
Interim maintenance for a wife and child should be granted consistently, liberally to ensure survival during proceedings. An order denying interim maintenance to a wife while granting it to the child, without sufficient grounds, is unsustainable, especially when considering the respondent’s admitted high income. Karnataka High Court.
A husband, as a Class-I heir, is entitled to compensation for loss of dependency due to the death of his wife in a motor vehicle accident, unless the insurer can conclusively prove separation or a second marriage. Karnataka High Court.
Hon’ble Mr. Justice Krishna S. Dixit celebrates his 61st birthday today.
Hon’ble Mr. Justice Krishna S. Dixit: Honourable Justice Mr. Krishna S. Dixit enrolled as an advocate in July 1989. Since then he was practising in the Hon’ble High Court of Karnataka & High Court of Madras, specializing in Law of Writs, Election Laws & Service Laws. He was appearing in cases before the Service Law Tribunals of several States. He was appointed as the Senior Standing Counsel for the Election Commission of India and also as an Addl. Central Government Standing Counsel since 1999.
He was Panel Counsel for few Nationalized Banks. He was also a para academician and a part-time lecturer in a Law College in Bengaluru for few years. He was contributing articles to a few Kannada & English Newspapers & magazines. He also participated in several television debates on matters of contemporary relevance.
Having been appointed as the Assistant Solicitor General of India in the year 2014, he was appearing for the Central Government in numerous important cases till his Elevation as a Judge of the High Court of Karnataka on 14th February 2018.
Important judgments delivered by Hon’ble Mr. Justice Krishna S Dixit.
Cr.P.C. Incriminating material. Can be utilized against the accused only if the same is brought to his attention with opportunity to explain it.
Dying Declaration anatomised- “Death waiting at the doorsteps gives a unique serenity to the mind compelling the maker to state nothing but the truth.”
Private Schools. State action should be facilitative and complimentary to the establishment of private schools. “Don’t compare grant of permission to start educational institution with that of a wine shop. Adopt fair standards”.
Civil Procedure Code. Transposition of Defendant as Plaintiff. Filing of counterclaim by defendant is not a condition for transposition. What is required for transposition is not the Counterclaim but an identity of interest. Karnataka High Court.
Transfer of Property Act 1882. Section 114. Relief against forfeiture for non-payment of rent. The section does NOT come to the rescue of a tenant who lacks bonafides in conduct. Karnataka High Court.
Arbitration and Conciliation Act. Amendment to Section 8. Application by any person claiming through or under the party to arbitration agreement-is prospective and does NOT apply to suits instituted prior to 23:10:2015. Karnataka High Court.
‘Perjury has become a way of life in the Law Courts.’ – Karnataka High Court while dismissing appeal arising out of a false claim under the Motor Vehicles Act with exemplary costs.
Electricity Supply. Purchaser of industry is liable to pay arrears towards electricity supply to earlier owner. However, there shall be apportionment of purchaser’s liability when only a part of industry is purchased. Karnataka High Court.
Bank loans. One Time Settlement. Once the OTS payment is made by the principal borrower, the surety is also discharged. Law on One Time Settlement discussed. Karnataka High Court.
Muslim man marrying second wife. First wife can stay away from the matrimonial home, seek divorce and retain exclusive custody of her minor child. Karnataka High Court.
Games of skill involve elements of expression and enjoy protection under Article 19(1)(a). State cannot criminalize online games involving skill. Karnataka High Court.
Once the lands have vested in the State for a public purpose, the erstwhile owners cannot seek their restoration on the ground that they were put to use for some other public purpose. Karnataka High Court.
SC /ST (Prevention of Atrocities Act),1989 is prospective in operation. No prosecution for the acts committed prior to coming into force of the Act. Karnataka High Court.
Renewal of passport. Authorities cannot insist on production of facilitative order from the Court simply because criminal case is pending against the passport holder. Karnataka High Court.
“Political rallies have some elements of dissemination of knowledge & information to the public at large and they generate lot of political awareness in the voting masses”. Karnataka High Court on PM Modi’s Road Show.
Only in rare circumstances a lady acquires the caste status of her husband provided she pleads and proves her admission to the community of the husband by social acceptance. Karnataka High Court.
”Vajpayee led NDA–Government was toppled for want of one vote.” Election set aside by a very small margin is not a ground to set aside judgement in election petition. Karnataka High Court.
Lodging of accounts of electoral expenditure is aimed at transparency, purity and accountability. Disqualification due to failure cannot be avoided on flimsy grounds. Karnataka High Court.
“Delay in completion of acquisition and payment of compensation is akin to State taking away the ‘oxygen mask’ from the gasping patient”. Karnataka High Court. permits landowner to sell 50% of the land under acquisition to payoff debts.
”Judges some times make law if the statutes made by the Parliament fall short of meeting the requirements of the time”. Karnataka High Court while awarding just compensation in motor vehicle case.
Motor Vehicle Tribunal should adopt philosophy of the Constitution of India on ‘life’ and ‘dignity of human-being’ in assessing loss of future prospects to award just compensation. Karnataka High Court.
Universities are not the notional extensions of the government departments, nor their vassals. Govt should stop poking nose in the affairs of the Universities. Karnataka High Court.
Ordinarily in matters of recruitment, only aggrieved candidate can complain against illegalities in the process. Association of employees cannot espouse individual/personal cause of its members. Karnataka High Court.
Land acquisition cannot be frowned upon for lack of detailed consideration in Section 5-A report unless it is shown to be violative of provisions of the Act or in colourable exercise of power. Karnataka High Court.
Courts cannot don the hat of a town planner or that of an Accountant to minutely examine a lesser extent of land would have fulfilled the objective or whether the project could have been implemented satisfactorily at another location. Karnataka High Court.
Substantial question of law under Section 260A of the Income Tax Act need not necessarily be a question of law of general importance. Karnataka High Court explains the meaning and scope of Section 260A. (DB)
”Ordinarily, in civilized jurisdictions functionaries of the constitutional bodies are not subjected to subpoena”. Karnataka High Court, while setting aside summons issued to the Election Commissioner of India in election petition.
Sale of explosive substance being ‘res extra commercium’ like the liquor, poison, etc., no citizen can claim an unrestricted fundamental right. Karnataka High Court.
Re-determination of property tax by the Corporation under the KMC Act without prior consultation with Property Tax Board is impermissible. Karnataka High Court.
Transactions between banker and borrower are purely contractual. Private lending agency/Bank does not fit into the term ‘other authorities’ within the meaning of Article 12 of the Constitution. Karnataka High Court.
Intra-Court appeal is maintainable against an interlocutory order passed in an Election Petition under the Representation of the People Act, 1951. Karnataka High Court.
“The dead have no rights and can suffer no wrongs’’ (G W Paton). Section 394 Cr.P.C. providing for abatement of proceedings on the death of the accused is not unconstitutional. Karnataka High Court.
”Mere possibility of ‘grave consequences’ is no ground to quash proceedings under Section 26 of the Competition Act, 2002”. Karnataka High Court imposes cost of Rs. 10 lakhs on Intel for abusing process of Court.
Unless there is a ‘true dispute’ between the parties, arbitration clause in government contracts cannot be invoked on the basis of a ‘make believe dispute’ to withhold bills. Karnataka High Court.
An accused who secures anticipatory bail with condition to co-operate in the investigation cannot normally seek quashment of the criminal proceedings. Karnataka High Court.
Writ petition is maintainable against banks like Punjab National Bank functioning under the umbrella of the National Housing Bank Act, 1987. Karnataka High Court.
Where the Statute does not prescribe the minimum fine amount, but, only prescribes the maximum, the authority levying substantial amount as fine has to give cogent reasons in support thereof. Karnataka High Court.
Renewable energy. Licensing authority must take appropriate measures at the time of granting license to see that huge projects are not imperilled by avoidable litigations. Karnataka High Court.
Federation of Karnataka Chambers of Commerce and Industry is not ‘State’ within the meaning of Article 12 of the Constitution of India. Karnataka High Court.
Merely because the avowed objects of a private body linguistically partake the nature of certain functions which ordinarily governmental bodies do, it does not thereby become a limb or agency of the State. Karnataka High Court.
Karnataka Certain Inams Abolition Act, 1977. Application in Form 1 seeking regrant of land filed after 31 March 1991 cannot be entertained by the Land Tribunal.
Devotees can question grant of occupancy rights in favour of Archak/Poojary under the Karnataka Certain Inams Abolition Act, 1977. Karnataka High Court.
“Principle that the tiller of the land should be conferred occupancy rights is not applicable to the lands held by the Ex-serviceman”. Karnataka High Court orders restoration of tenanted lands to Soldier.
Punja lands in Dakshina Kannada District can be brought under cultivation and occupancy rights can be granted u/s 48A of the Karnataka Land Reforms Act, 1961. Karnataka High Court.
Karnataka Land Reforms Act. Tenancy cannot be claimed against a person who is not a landlord even within the extended definition. Karnataka High Court quashes Land Tribunal order after 25 years.
Government cannot act as a robber of citizens lands; taking away private lands for the purported public purpose without compensation against the spirit of constitutional guarantee enacted u/a 300A. Karnataka High Court.
Land acquisition. Enormous delay in passing awards. Karnataka High Court awards additional interest at 12% per annum from the date of the notification/possession.
When a public function/duty is to be discharged by a statutory authority, even when no time period is prescribed, the same has to be done within a reasonable time. Karnataka High Court.
‘Our Constitution is founded on human values’. Displaced slum dwellers who were granted Hakku Patraas and Possession Certificates are also entitled to Transferable Development Rights. Karnataka High Court.
Acquiring body denotifying land from the acquisition proceedings; retaining the possession and allotting the land for industrial purposes. Fresh acquisition proceedings to rectify the mistake cannot be said to be illegal. Karnataka High Court.
Forcible takeover of land for road widening simply because other landowners voluntarily surrendered their lands is impermissible. Karnataka High Court restrains Govt from interfering with landowners properties except in accordance with law.
‘Doctrine of Substituted Security’ entitles mortgagee to anything that is substituted for the mortgaged property. Bank can claim compensation amount if the mortgaged property is acquired. Karnataka High Court.
Acquisition of lands under the National Highways Act, 1956. Landowners are entitled for solatium as if the acquisition has been made under the provisions of Land Acquisition Act, 1894. Karnataka High Court.
The amendment of 2022 to the KIADB Act incorporating the provisions of land acquisition 2013 Act is prospective in operation, notwithstanding the word ‘deemed’ occurring therein. Karnataka High Court.
Decree for specific performance of sale agreement against allottee of a site can be enforced against the allotter BDA even when the BDA was not a party to the suit. Karnataka High Court.
When a judgment is stayed, ordinarily, it is not prudent to press them into service as a binding rule, since its precedential force is in suspended animation. Karnataka High Court.
Karnataka High Court invokes the principle of “Full faith and credit clause” under Article 261 to bind statutory body BDA to comply with intra-party decree even though BDA was not party to the suit.
“Records of acquisition proceedings missing” cannot be pleaded in a Writ Petition to declare lapsing of acquisition proceedings especially when the names of the owners continue in the revenue records. Karnataka High Court.
Karnataka Land Revenue Act, 1964. Section 133. Where the RTC entries are made without any ‘title facts’ such as grants, alienations, they do not enjoy presumptive value even if they are long standing. Karnataka High Court.
”It is incongruous not to acknowledge the contribution of Veerashaiva/Lingayat Mutts in achieving the constitutional aspiration of eradicating illiteracy and its associated evils by providing free education without discrimination”. Karnataka High Court.
Transferable Development Rights. Once lands are surrendered by the owners, State is bound to issue TDR. State cannot contend that the lands are no longer required. Karnataka High Court.
Confinement of Pontiff in prison/custody cannot be a ground to appoint Administrator to the Mutt in the absence of legislative sanction. Karnataka High Court.
“The Act is aimed at ‘distribution of material resources of community’ in the sense of Article 39(b) of the Constitution.” Karnataka High Court upholds the validity of the Karnataka Conferment of Ownership on Mulageni or Volamulageni Tenants Act.
Copyright infringement. Merely because a civil dispute is being fought between the parties, the criminal proceedings cannot be halted, per se, on that ground. Karnataka High Court.
Prevention of Corruption Act. Giving effect to the orders of the superior officer/authority is part of official duty and cannot be construed as misconduct. Karnataka High Court.
We are living in different times, of terrorism. ‘’Bail is a rule & jail is an exception’’ has spent itself when it comes to acts of terrorism. Karnataka High Court reject bail plea of accused involved in ‘K.G.Halli Riots’.
Abuse of social media is antithetical to the democratic process which has led to manipulation and fragmentation of society on the tainted lines of political ideologies. It alters civic engagement that may hijack democracy. Karnataka High Court.
Information Technology Act. Power to block under section 69A(1) of the Act read with Website Blocking Rules is not tweet-specific but extends to user accounts in their entirety. Karnataka High Court.
Education. Admission to Government seats in professional colleges. Persons of Indian Origin and Overseas Citizen of India cannot be treated as Non Resident Indian.
Merely because a particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of remanding the matter. Supreme Court.
Allotment and conditional sale deed of Civic Amenity site to establish private educational institution can be cancelled if the purpose is not fulfilled by the allottee. Karnataka High Court.
Even the Minority Educational Institutions are bound to follow the Karnataka Education Act in the matter of service conditions of its employees. Karnataka High Court.
‘’Fraud, suppression of material facts and the systematic abuse of law and judicial process is a ground to review the Court judgment’’. Karnataka High Court imposes exemplary costs on the ex MLA for obtaining the judgment by fraud.
Compassionate appointment. ‘’bharta rakshati yavvane…’’ it is the duty of husband to provide maintenance to his dependent wife. A married daughter residing in matrimonial home ordinarily cannot be treated as a dependent on her father. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Provisions of CPC and the Indian Evidence Act do not strictly apply to the Election Petition proceedings under the Act. Karnataka High Court.
General proposition that Service Tax can be passed on by the service provider to the recipient of service does not apply when the service provider has already remitted certain sums of money to the service recipient. Karnataka High Court.
Writ of Prohibition cannot be issued in anticipation on par with the criminal courts granting anticipatory bail in the absence of infringement of right or at least a well-founded apprehension of infringement. Karnataka High Court.
Caste certificate cannot be construed as a China Wall that prevents any action being taken. Caste certificate secured by playing fraud can be rescinded in an appropriate proceeding. Karnataka High Court.
Report of C&AG/AG cannot be the basis for fastening of liability when the foundational facts on which such liability is sought to be levied, is disputed by one of the parties to the contract. Karnataka High Court.
Doctrine of alternate remedy is only a judicial invention and not a constitutional constraint; it is not a China Wall built between the Writ Court and the litigants. Karnataka High Court.
If a contract involves sufficient intrinsic material to catapult it to the realm of public law, the principles of natural justice apply while adjudging the breach of such a contract. Karnataka High Court.
Citizen adjudged innocent after a due trial cannot be subjected to fresh investigation or trial in Public Interest Litigation jurisdiction. Karnataka High Court.
“The provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in gaols for long”. Karnataka High Court while ordering parole to Muslim man to perform nikah of his daughter.
Foreign nationals over-staying in India disobeying Leave India Notices cannot be granted indulgence by the constitutional courts. Karnataka High Court.
’A borrower is a borrower, whether he is a practising lawyer or a sitting Judge. Loan laws do not provide for favourable treatment to them when they become chronic defaulters.’ Karnataka High Court.
‘’A lender cannot lend his ears for cock & bull stories of the borrower’’. Karnataka High Court rejects plea of Senior Advocate & chronic loan defaulter challenging loan recovery proceedings.
‘Life is lost in living’. Matrimonial case involving prayer for dissolution of marriage should be decided at the earliest so that in the event of decree, the parties may restructure their lives. Karnataka High Court.
A banker who answers description of State under Article 12 of the Constitution cannot act like a private lender. Abrupt stoppage of release of sanctioned loan is justiciable under Article 226 of the Constitution of India. Karnataka High Court.
General proposition that Service Tax can be passed on by the service provider to the recipient of service does not apply when the service provider has already remitted certain sums of money to the service recipient. Karnataka High Court.
Writ Petition challenging the order in Election Petition before the Tribunal/Civil Judge. Intra-Court Writ Appeal is not maintainable against the order in the Writ Petition. Karnataka High Court.
Karnataka Land Reforms Act. Pursuant to the amendment removing the bar to acquire agricultural lands, an entity which was prohibited from owning and possessing agricultural land can claim occupancy rights. Karnataka High Court.
Decision in the writ proceedings becomes res judicata in the subsequent proceedings relating to the same subject matter involving the issue dealt with in the writ petition. Karnataka High Court.
Authority entertaining proceedings barred by limitation without adverting to condoning delay acts without jurisdiction or in usurpation of jurisdiction. Karnataka High Court.
Rule of continuity of Government. Mistakes committed by the party in power earlier can be corrected only by following due process of law lest it gives scope for the allegation of legal malafide. Karnataka High Court.
Appeal is a continuation of the original proceeding and therefore both the Appeal and the original proceeding can be withdrawn with the leave of court unconditionally. Karnataka High Court.
When a Constitutional Court quashes a legislation or a delegated legislation, the operation of such quashment transcends the parties to the lis and operates as against all others, who were not parties eo nomine or persons claiming under them. Karnataka High Court.
Land acquisition. Grant of land only for the purpose of growing trees does not confer title on the grantee. Compensation is payable only for the trees grown by the grantee and not for the land. Karnataka High Court.
Karnataka Land Grant Rules, 1969. Government cannot favour one single entity by using power under Rule 27 when many other similarly circumstanced aspirants are in the fray. Karnataka High Court.
‘Persons in public employment are not slaves of the Government, nor of their higher ups in the echelon of administration’. Karnataka High Court quashes dismissal order against public servant honorably acquitted in the criminal case.
Widow adopting son. Doctrine of ‘relation-back’ makes sonship retroactive from the moment of death of the late husband and the new entrant is deemed to have been born on the date of death of the adoptive father. Karnataka High Court.
‘Howsoever high you may be, law is above you’. Karnataka High Court rejects plea of Chief Minister Siddaramaiah and others against criminal prosecution for unlawful assembly.
Adoption validly made by widow of deceased coparcener. Adopted son can claim a share in the family properties as if the joint family exits though partition had taken place after the death of the adoptive father. Karnataka High Court.
Banks cannot issue Look Out Circulars only for the purpose of loan recovery. Such an attempt violates Article 21 of the Constitution of India. Karnataka High Court.
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.
Pendency of civil or criminal case cannot be a ground to refuse entry in the property registers as to the encumbrance in respect of a registered document. Karnataka High Court.
”Political parties and elected representatives deserve reasonable protection of reputation from insulting words which are a form of uncivilised violence and intimidation”. Karnataka High Court while rejecting BJP challenge to prosecution u/s 500 IPC.
Compromise decree in respect of ancestral properties among the coparceners can be passed even when the shares of the compromising parties to the suit are not defined by partition. Karnataka High Court.
Service Law. Disciplinary authority cannot go on holding enquiry after enquiry against an employee till the desired report is given by the enquiry officer. Karnataka High Court.
When a registered conveyance takes place, no duty is cast on the purchaser to intimate such transfer to the Revenue Authorities. Mutation entry has to take place as per Section 128(4) of the Karnataka Land Revenue 1964 Act. Karnataka High Court.
Singing the National Anthem facing the National Flag in Schools and public offices is necessary to teach students and citizens patriotism and respect for the country. Karnataka High Court.
Money belonging to a citizen is his property. If that is retained by the State, that amounts to temporary acquisition of property for which compensation has to be paid going by Article 300A of the Constitution of India. Karnataka High Court.
Banking Regulation Act. Bank can discontinue employment of a person who is convicted for an offence involving moral turpitude, whether he is sentenced or not. Karnataka High Court.
‘’Judges cannot act like Mughals of bygone era’’. High Court cannot issue writ in derogation of law or transcend the barriers of law. Karnataka High Court.
Stay of suits under Section 10 CPC. Once the petition under Section 276 of Indian Succession Act is converted into a full-fledged civil suit, all other suits touching title to the same property shall remain stayed. Karnataka High Court.
High Court in writ jurisdiction cannot enter into the arena of interpretation of contractual term, its enforcement and the questions regarding breach or otherwise thereof since they are questions to be subjected to evidence. Karnataka High Court.
Land acquisition. Denotification and rescinding the denotification has to be gazetted so that the stakeholders challenge it; and the unscrupulous landowners would not prey the potential buyers on the basis of Denotification. Karnataka High Court.
Minimum one kilometre distance from the notified National Parks and Wildlife Sanctuary has to be maintained in establishing, running and operating the quarry units. Karnataka High Court upholds ban on quarrying near Kappathagudda.
‘’Women are the epicenters of family life’’. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory. Karnataka High Court.
Land acquisition. Value of casurina trees, eucalyptus tree and firewood trees cannot be excluded while determining the compensation payable for the land. Karnataka High Court.
In the absence of statutory mandate for issuance of final notification within the particular time, delay in issuing the final notification cannot be a ground to quash the acquisition proceeding or to declare that the acquisition has been abandoned. Karnataka High Court.
Unlike agreement of lease which transfers interest in the property; agreement to lease does not effect demise praesenti. Agreement to lease cannot be impounded on the ground of inadequate stamping. Karnataka High Court.
Land acquisition. Income Tax exemption provided under Section 96 of 2013 Act does not apply to acquisition of land under any other statutes such as the Karnataka Highways Act. Karnataka High Court.
Exemption of nursery from acquisition. ‘Make believe’ nursery without registration with Indian Horticulture Board cannot be considered for exemption. Karnataka High Court.
Service Law. When a person is placed in independent charge of a post, albeit being eligible for promotion to that post, and later receives retrospective promotion, he is entitled to salary arrears corresponding to the pay scale of the said post. Karnataka High Court.
Service Law. ‘’It is the prerogative of the employer to deploy his staff suitable to the requirement of work/place unless the conditions of service otherwise provide’’. Employees cannot sit in self-judgment as to the validity of transfer order and disobey the same with impunity. Karnataka High Court.
Land acquisition. When large extent of land is acquired and gigantic financial implications are involved, hearing all the stake holders/beneficiaries regarding enhancement/reduction of compensation would infuse a sense of justice in them. Karnataka High Court.
Service Law. Deemed suspension of an employee would continue even after his detention comes to an end by virtue of enlargement on bail or otherwise till after the competent authority issues a formal order revoking the suspension. Karnataka High Court.
The limitation period for instituting probate proceedings for a Will is three years, as per the residuary provision of the Limitation Act, subject to specified exceptions. Karnataka High Court.
Compromise entered before the Lok Adalat. Persons unconnected to the dispute do not have the legal standing to question or overturn the compromise agreement reached through the Lok Adalat. Karnataka High Court.
Income Tax Act, 1961. Although there is no specific time limit to initiate penalty proceedings under 271-D, such proceedings are not immune to the principles of delay and laches, and undue delay can invalidate them. Karnataka High Court.
Income Tax Act. Proceedings against the legal representatives of a deceased assessee can be continued only if the proceedings were initiated during the lifetime of the assessee and not otherwise. Karnataka High Court.
A member cannot be disqualified under Section 43-A(1)(iii) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, when reasonable cause is shown by the member for remaining absent for four consecutive meetings. Karnataka High Court.
Karnataka Value Added Tax Act. Concessional benefits can be availed only if the goods bought by the assessee are included in its certificate of registration and the purchases meet the test of ‘integral connection’ to the ultimate production of goods. Karnataka High Court.
SARFAESI Act. When there are multiple appeals, pre-deposit under Section 18 in one of the appeals enures to the benefit of other, provided that debt is the same. Karnataka High Court.
Land Acquisition. The decision to notify acquisition is essentially of the Executive, be it by way of urgency or in usual course. Writ Courts cannot undertake a deeper examination of such decisions, that are made on the basis of a host of factors which by their very nature are not judicially assessable. Karnataka High Court.
A secured creditor cannot offer a property to the second-highest bidder through private negotiations if the highest bidder defaults. A fresh auction is mandatory under Rule 9(3) of SARFAESI Rules, 2002. Karnataka High Court.
Income Tax Act. A bonafide belief based on legal opinion from tax experts and legal professionals can constitute a reasonable cause under Section 273B, thereby exempting the assessee from penalty under Section 271C for non-deduction of TDS. Karnataka High Court.
Parliament can levy service tax on restaurants and accommodations under Entry 97 of List I. Service tax and sales tax target different aspects of the same transaction, allowing states to impose sales tax on food sales while the Union taxes the service component. Karnataka High Court.
Set Top Boxes qualify as ‘goods’ under the KVAT Act, and their transfer to subscribers for a fee constitutes a ‘sale’. The Karnataka GST Act, 2017, does not nullify past VAT liabilities, and retrospective taxation through government notification is legally valid. Karnataka High Court.
The 45-day limitation period under Section 17(1) of the SARFAESI Act is mandatory and cannot be extended. The DRT lacks the power to condone delay, and courts cannot intervene to relax statutory time limits based on equitable considerations. Karnataka High Court.
A service provider is entitled to reimbursement of additional tax liability arising due to statutory changes. An arbitration clause does not bar writ jurisdiction when public law principles or contractual fairness are involved. Karnataka High Court.
Service Law. Candidates who join service late, even with authorized extensions, will have their seniority determined by their actual date of joining, rather than their position in the select list. However, once the seniority lists are finalized and have been in effect for a long period of time, they cannot be retroactively revised to unsettle established rights. Karnataka High Court.
When there are two agreements to sell with different price components, the court must examine the intent of the parties and the circumstances surrounding the agreements to determine the actual terms of the transaction. A mere change in price alone may not constitute novation unless the new contract completely substitutes, rescinds, or alters the original contract. Karnataka High Court.
Municipal Corporation cannot rescind a khata in its entirety when the dispute involves only portions of the land. Appellate Tribunal must tailor its orders to the scope of the dispute and the parties involved, rather than issuing blanket cancellations. Karnataka High Court.
Contract employees also have right to maternity benefits. Such right is rooted in the constitutional mandate under Article 42 and strengthened by international conventions unless the policy expressly excludes them in a manner consistent with constitutional and international obligations. Orissa High Court.
Hon’ble Mr. Justice Shivashankar Amarannavar celebrates his 55th birthday today.
Hon’ble Mr. Justice Shivashankar Amarannavar: Born on 20.07.1970. Did B.Com., LL.M. (Karnataka University, Dharwad). Enrolled as an Advocate on 24th June, 1994. Started practicing in Dharwad District Court in the chambers of his father- Mr. B.M. Amarannavar. Worked as Special Public Prosecutor, Fast Track Court, Dharwad. Worked as part-time faculty member in University College of Law, Dharwad. Directly appointed as District and Sessions Judge on 25th February 2008 and served as Additional City Civil and Sessions Judge, Bengaluru, Principal District and Sessions Judge, Bagalkot and Udupi. Served as Registrar (Vigilance), High Court of Karnataka and also served as Principal City Civil and Sessions Judge, Bengaluru. Appointed as an Additional Judge of High Court of Karnataka, Bengaluru on 04-05-2020 and Permanent Judge on 25.09.2021.
Important Judgments delivered by Justice Shivashankar Amarannavar.
Cr.P.C. Section 41A. When police issues notice under Section 41A, the apprehension of arrest is not completely ruled out. Hence petition for anticipatory bail is maintainable. Karnataka High Court.
Service law. A public servant cannot be left without a post. Transfer of a public servant without him being posted elsewhere amounts to a legal malafide. Karnataka High Court. (DB)
Suit for partition by daughters based on the amended Section 6 of the Hindu Succession Act. Properties sold prior to 20 December 2004 are not available for partition. Karnataka High Court.
Plea of adverse possession in the written statement and the plea of ownership based on grant in the oral evidence run contrary to each other thus disproving both the claims. Karnataka High Court.
Proof of Will. When the attestor of a Will turns/declared hostile, other evidence showing proper execution of the Will can be relied upon. Karnataka High Court.
Principle of Feeding the Grant by Estoppel would enure to the benefit of purchasers of Inam lands upon the re-grant under the Karnataka (Religious and Charitable) Inam Abolition Act, 1955. Karnataka High Court.
Adoption of child precedes proper ceremonies being performed. Mere adoption deed without proof of required ceremonies does not prove adoption. Karnataka High Court.
In cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, courts must impose a fine that is both punitive and compensatory, ensuring the complainant receives not only the cheque amount but also reasonable interest (typically 9% per annum) to account for the delay and loss incurred due to the commercial transaction and protracted litigation. Appellate courts should not reduce this fine without proper justification, especially when the trial court has already considered the statutory interest and the time consumed in the legal process. Karnataka High Court.
Negotiable Instruments Act. Complaint under Section 138 before the expiry of the 15 day notice period is premature and not maintainable. However, the complainant can file a fresh complaint, and the delay in doing so can be condoned if the complaint is filed at the earliest. Karnataka High Court.
Negotiable Instruments Act. If the payee is a proprietary concern, the proprietor can file complaint while describing as a sole proprietor of proprietary concern. Karnataka High Court.
If the legal notice is not issued within 30 days from the date of receiving the dishonour intimation excluding the first day, the complaint under Section 138 of the Negotiable Instruments Act, 1881, is not maintainable and is liable to be dismissed. Karnataka High Court.
Negotiable Instruments Act. Return of the cheque with endorsement ‘’Bank under liquidation as per the order of the Reserve Bank of India’’ does not attract the provisions of Section 138. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. The initiation of suo moto proceedings for resumption within five years from the date of commencement of the Act cannot be considered illegal or vitiated by delay. Karnataka High Court.
Karnataka Land Reforms Act. When occupancy rights are granted ‘exclusively’ to one person, other family members cannot file a suit for partition without challenging the order of the Tribunal. Karnataka High Court.
Mere utterance of the words ‘’go and die’’ does not attract Section 306 of IPC. Words uttered in a fit of anger or emotion without intending the consequences to actually follow, cannot be said to be instigation to commit suicide. Karnataka High Court.
Section 319 Cr.P.C. Summoned person need not be given an opportunity of being heard before being added as an accused to face the trial. Karnataka High Court.
Industrial Disputes Act. Mere non-approval of dismissal order in terms of Section 33(2)(b) does not give right to the workman to file an application for recovery of arrears of wages under Section 33C(2). Karnataka High Court.
Negotiable Instruments Act. Section 138. When proprietary concern is the payee of the cheque, it is not necessary to make proprietor also party to the proceedings. Karnataka High Court.
Complainant who settles matter before the Lok Adalat can execute the settlement as a decree before a Civil Court or proceed under Section 431, Cr.P.C depending on the terms of the compromise. Karnataka High Court.
Person who is charged for an offence under Section 307 of IPC can be convicted for the offence under Sections 324 or 325 of IPC as the case may be if the ingredients of the said offence are attracted. Karnataka High Court.
Police cannot receive a report and register a case under the provision of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. Only the Magistrate can take cognizance of the offences. Karnataka High Court.
FIRs/Investigations cannot be transferred by invoking powers under Section 407 of Cr.P.C. Only pending cases and appeals can be transferred under the Section. Karnataka High Court.
Protection of Women from Domestic Violence Act. Order of granting maintenance does not amount to ‘protection order’ and violation of the same will not attract the penal provisions of Section 31. Karnataka High Court.
When a registered sale deed is sought to be avoided on the ground of fraud, simple suit for injunction without declaration is not maintainable. Karnataka High Court.
Though criminal prosecution is permissible against defamatory statement in civil suit, if the statement is made in good faith and necessary for the disposal of the case, criminal prosecution cannot be allowed to continue. Karnataka High Court.
While granting permission to the Police to investigate non-cognizable offence, the Magistrate cannot simply issue police intimation without passing any order on the requisition. Karnataka High Court.
Karnataka Municipalities Act. When action of the Municipality is not traceable to the provisions of the Act, prior notice under Section 284(1) of the Act is not necessary to institute a civil suit. Karnataka High Court.
Abetment to commit suicide. Offending action ought to be proximate to the time of occurrence to constitute the offence under Section 306 IPC. Karnataka High Court.
Lender repeatedly demanding return of the borrowed loan from the borrower and uttering abusive words will not constitute abetment to commit suicide. Karnataka High Court.
Transferor cannot prejudice the rights of the transferee by subsequent dealing with the property. If there are successive transfers of the same property, the later transfer is subject to the prior transfer. Karnataka High Court.
Hon’ble Mr. Justice T.M. Nadaf celebrates his 49th birthday today.
Hon’ble Mr. Justice T. M. Nadaf: Born on 07.07.1976, Native of Shiggaon, Haveri District. Graduated in Law from Vivekananda College of Law, Rajaji Nagar Bengaluru. Enrolled as an Advocate on 11.08.2000. Appeared before Civil Courts, Magistrate Courts, Tribunals, and High Court. In 2008, he shifted his practice to the High Court of Karnataka, Bench at Dharwad, where he distinguished himself through his expertise in civil, constitutional, service, labour, and criminal law. Empanelled as an Advocate in the High Court Legal Cell from 2020 till his elevation. Appointed as an Additional Judge of the High Court of Karnataka on 17.02.2025.
Important Judgments delivered by Hon’ble Mr. Justice T.M. Nadaf.
Even though the amended Section 5 of the PTCL Act removes the limitation period for initiating proceedings, the principle of laches continues to apply. Courts can deny relief in cases where there is an unreasonable delay in seeking restoration of land, especially if such delay causes prejudice to the other party. Karnataka High Court.
Service Law. Termination of a probationer simpliciter is valid when the order merely mentions unsatisfactory performance and does not carry stigma. Previous complaints and actions taken thereon are immaterial if the termination order does not refer to them. Karnataka High Court.
Consumer Protection Act. Complaints against banks alleging deficiency in service, particularly those arising from marital disputes or involving criminal allegations, are not suitable for adjudication through the summary procedure of consumer forums. Such complaints are liable to be dismissed, especially where the complainant had prior knowledge of the transactions in question. Karnataka High Court.
When adjudicating an industrial dispute involving contract labour, the Labour Court has the authority to examine whether the labour contract is a sham or camouflage to deny statutory benefits to the workmen, regardless of the specific terms of the reference. Karnataka High Court.
State Financial Corporations Act. Proceedings under the Act are akin to the execution proceedings and the investigation is summary in nature and not a full-fledged civil trial. Karnataka High Court.
Municipal authorities cannot issue trade licenses that violate zonal regulations governing land use. If a property is designated primarily for residential use with limited permission for commercial use, the issuance of a trade license for commercial activities exceeding the permissible limit does not legalize the unauthorized commercial use. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. A sale deed executed in respect of granted land under the Act and presented for registration prior to obtaining permission is not void ab initio if the registration is completed after obtaining valid permission. Karnataka High Court.
Daksha Legal 