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

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

To know more please click the link below:

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

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

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

To Know more please click the link below:

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

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

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

To Know more please click the link below:

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

Land acquisition. Kharab lands falling under category ‘A’ of the Karnataka Land Revenue Rules belong to landowners and not to Government. Landowners are entitled to compensation. Karnataka High Court reiterates.

Land acquisition. Kharab lands falling under category ‘A’ of the Karnataka Land Revenue Rules belong to landowners and not to Government. Landowners are entitled to compensation. Karnataka High Court reiterates.

To Know more please click the link below:

https://www.dakshalegal.com/judgements/actionView/cA82Orf6qOpoXE6tmoYtZiv8w

Urban Land (Ceiling and Regulations) Act. Revenue Inspector is not competent to take possession of the excess land. Violation results in restoration of land to the owners. Karnataka High Court.

Urban Land (Ceiling and Regulations) Act. Revenue Inspector is not competent to take possession of the excess land. Violation results in restoration of land to the owners. Karnataka High Court.

To know more please click the below link:

https://www.dakshalegal.com/judgements/actionRead/xV58V722VKgFgPzAbZRVq7DKC

Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.

Urban Land (Ceiling and Regulations) Act. Even after exemption granted under the Act, Deputy Commissioner has the authority to proceed if owners of land violate the order of exemption passed by the State Government. Karnataka High Court.

To know more please click the link below:

https://www.dakshalegal.com/judgements/actionView/TGkHsPIFgMMVcf6gR9MfAugcY

Karnataka Land Reforms Act. Period of non-alienation for tenanted lands commences from the final order of the Land Tribunal and not from the date of issuance of Form-10. Karnataka High Court.

Karnataka Land Reforms Act. Period of non-alienation for tenanted lands commences from the final order of the Land Tribunal and not from the date of issuance of Form-10. Karnataka High Court.

To Know more please click the link below:

https://www.dakshalegal.com/judgements/actionRead/dOqbdGsK8MVY9Ftu3hnP66AUv

“Know Your Judge”. Mrs. Justice M.G. Uma. High Court of Karnataka.

Hon’ble Mrs. Justice Makkimane Ganeshaiah Uma celebrates her 60th Birthday today.

Born on 10th March 1964. Had early education at Government Primary School, Sringeri and Government Higher Primary School, Sringeri. Secured B.Com degree from J.C.B.M College, Sringeri. Obtained degree in Law from Vaikunta Baliga College of Law, Udupi and LL.M. from Kuvempu University, Shivamogga.

Enrolled as an Advocate in the Karnataka State Bar Council on 16th August 1988. Practiced and served in different branches like Civil and Criminal at Udupi, Gadag and at High Court of Karnataka, Bengaluru etc.

Appointed as District Judge at Mysuru on 25th February 2008 and as Principal District and Sessions Judge on 23rd May 2011 and served at Bellary, Mangaluru and Ramanagara.

Served as Member Secretary of Karnataka State Legal Services Authority, Bengaluru on OOD during the year 2016.

Appointed as Additional Judge of High Court of Karnataka on 4th May 2020 and Permanent Judge on 25th September 2021.

Imposition of realistic, punitive cost is necessary to prevent abuse of process of court. Karnataka High Court imposes Rs. 50,000 cost on husband who filed frivolous Habeas Corpus petition seeking custody of child from wife.

https://www.dakshalegal.com/judgements/actionView/tUb8VMk0OUlI4MUexYADa0FL7

Complaint under Section 138 of the Negotiable Instruments Act is not maintainable only against Director of Company unless the Company is also made party to the proceedings. Karnataka High Court reiterates.

https://www.dakshalegal.com/judgements/actionView/VQ55CZ3d82zTAsdpgbBE0wjz3

Prospective allottee of an industrial plot has no right to challenge denotification of lands from the acquisition proceedings. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/psTVjM3mREHnw9OEgrRm7Fpqf

Negotiable Instruments Act. Dishonour of cheque issued by outgoing/retired partner does NOT bind the partnership firm or other partners. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/jLd4Lidz1LZbSMbqMhr3wsa68

Civil Court has no jurisdiction to grant temporary injunction restraining change of mutation entries under the Karnataka Land Revenue Act. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/Mbg8IzGecsgBQRwF6P3txaavt

Accused, after obtaining bail absconds and proclaimed by Court as ‘absconding accused’. He is not entitled for anticipatory bail. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/HB1WdZ0SUH046jCIpD55jxkSz

Defamation. Freedom of speech and expression cannot invade right to life.

https://www.dakshalegal.com/judgements/actionView/BzTtogM0m4DY0cgucQxwdKsgM

 

 

Renouncants married under French Civil Code can not apply for divorce under Indian Christian Marriage Act 1872 or the Special Marriage Act 1954. Only the French Civil Code governs them. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/nyWn6xuACwLhu2kkZ6tFk5eGA

POSCO Act. Statement recorded under Section 164 of Criminal Procedure Code can NOT be considered to be evidence under Section 35 of the POCSO Act. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/EDakucOoC0QfFxAUZWLHynZTn

POSCO Act. Failure to record evidence of the child within thirty days of cognizance and to complete the trial within one year, will NOT entitle accused for default bail. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/CCJyxPZ5ssf2a8W6overo6TpN 

POCSO. Apart from rendering justice to child victims, concomitant support service systems have also to be provided, as the child victim faces physical injury and psychological trauma. Karnataka High Court issues directions for system overhaul.

https://www.dakshalegal.com/judgements/actionView/orDJmH48JxDFTdaiRqTWuugzT

Disposal of immovable property by Will would not amount to transfer within the meaning of Section 5 of the Transfer of Property Act and hence the prohibition under Section 61 of the Karnataka Land Reforms Act also does not apply. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/hsf6XUDNIPKIYUOdrlX8QjpNg

Bequeathing granted land by Will to non-SC/ST person by original grantee does not attract the provisions of the Karnataka SC/ ST (PTCL) Act, 1978 since Will does not amount to transfer of property. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/P8FbZfFJ4chiTI5ivFhvcBHIP

Suit for injunction. Where issue is framed regarding title of the plaintiff to the property, court fee is payable on the market value under Section 26(c)(ii) of the Karnataka Court-fees and Suits Valuation Act. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/jkd8uaoOSLYmr41UEOXj6N4yj

Proceedings under Order 39 Rule 2A of CPC for violation of court order is maintainable even against third parties who are bound by the order. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/mzLtnonedvua5nrHsTUTzHIU9

”It’s time to restore confidence of the people in independent judiciary”. Karnataka High Court charges Tahshildar for contempt of Court for not entering name of the farmer in revenue records despite court orders.

https://www.dakshalegal.com/judgements/actionView/68Ry1ZQTYW7LuskFG7vt3HiqJ

Property inherited by woman from her father will revert to her father’s heirs if she dies issueless. Hence the woman’s husband is not a necessary party in the suit for partition of the said property. Karnataka High Court.

https://www.dakshalegal.com/judgements/actionView/UvshH78FHc6ouvFUnWTi7eq3m

ಪರಿಶಿಷ್ಟ ಜಾತಿ ಪರಿಶಿಷ್ಟ ವರ್ಗಕ್ಕೆ ಸೇರಿದ ವ್ಯಕ್ತಿಗಳಿಗೆ ಸಾರ್ವಜನಿಕ ಹರಾಜಿನ ಮೂಲಕ ನೀಡಲಾದ ಭೂಮಿಯನ್ನು ಕರ್ನಾಟಕ ಪರಿಶಿಷ್ಟ ಜಾತಿ ಪರಿಶಿಷ್ಟ ವರ್ಗಕ್ಕೆ ಪರಭಾರೆ ನಿಶೇದ ಕಾಯಿದೆಯಲ್ಲಿ ”ಮಂಜೂರು ಮಾಡಿದ ಭೂಮಿ” ಎಂದು ಪರಿಗಣಿಸಲಾಗುವುದಿಲ್ಲ. ಕರ್ನಾಟಕ ಉಚ್ಚ ನ್ಯಾಯಾಲಯ.

ಆಂಗ್ಲ ಭಾಷೆಯಲ್ಲಿರುವ ನ್ಯಾಯಾಲಯದ ತೀರ್ಪಿನ ವಿವರ ಹಾಗೂ ತೀರ್ಪನ್ನು ನೋಡಲು ಈ ಲಿಂಕ್ ಬಳಸಿ.

https://www.dakshalegal.com/judgements/actionView/NEhLHHUTYJ5MC457HWPLRARco

”God’s noblest creation-Women”. A tribute on International Women’s Day.

K.G. Raghavan, Senior Advocate, Bengaluru

Suti March 8th is observed as International Women’s Day. An observance of great significance and merit as it recognizes two facts. First, women occupy an exalted position in the society and as a category require special attention and recognition. Second, women are a neglected and oppressed lot and therefore need societal care and attention. In other words, there is a duty towards “woman’s emancipation.”

Any debate as to the exalted position of women in society, is too obvious to be a subject of anycontroversy. The divide between man and woman is the order of nature and each is dependenton the other for the survival of the existential order. The question of one competing with the other as if they are rivals is meaningless. Each has a definite role to play for mutual benefit. Each has his or her position which requires to be respected and nurtured. In the scheme of things there is no warrant for one to assume a position of superiority or otherwise. The concept of a “Man’s world” is obnoxious at its root for there can be no world without both a man and a woman playing their respective and vital roles. Losing sight of these truths, deleterious thoughtsof superiority of male over female have eroded the fine balance between men and women in the human pyramid so delicately maintained for the advancement of the society from time immemorial. Equally deleterious is the notion entertained by women and that they are inferior to men and therefore they should do what a man does or can do; in a manner of speaking therefore man and woman are placed qua each other as competitors and that is wrong.

This misconceived notion led to what came to be called the Women’s Liberation Movement (WLM) in the West during the late 1960s. This movement drew steam from contestatory brand of feminism. Assuming that women were second class citizens and therefore any rule or discipline exclusive to women emanated from such a notion of subservience, it sought to dismantle the established order. While the movement had its own merit, owing to its extremism,it lost its direction and missed the trees in search of the non-existent woods. Women libbers came to be characterised as “man- haters.” Central to the thoughts which found expression in the form of WLM, are: 1. Book titled “Le Deuxieme Sexe” (The Second Sex) written by a French philosopher Simone de Beauvoir in 1946. 2. Another book titled “The Second Sex, TheFeminine Mystique” authored by Betty Friedan an American feminist in 1963.

An American radical feminist Kathie Sarachild coined the phrase “consciousness raising” meaning thereby that there was need to make women realize they are being subjugated, a concept which by no stretch of reasoning can be termed unfounded. Consciousness raising aimed at ending exploitation of women led to the healthy trend of women speaking out in groups on the principle that “sisterhood is powerful” (the genesis of the extant “Me Too” movement). Groups of women spoke and wrote on varied subjects like maltreatment and exploitation concerning sex, race, class, family, job, housework, health care, child care, rape, sexual harassment, sexism, marital rape, date rape, wife battering, and the religio-social topic of abortions. While zero tolerance towards women exploitation is unquestionable, the difference and difficulty lie in what is and should be perceived as “exploitation.” The change in thinking and aspirations of women from time to time cannot ipso facto lead to the conclusion that status quo is abhorrent and changed thinking is emancipation. As always, perceptions change with place, time, and circumstances (Desa, Kaala and Varthamana). Therefore, any attempt at Women’s Liberation would serve the cause or focus on ending exploitation of women rather than projecting a non-existent “man vs woman” feud. Maya Angelou, an American poet, and a civil rights activist rightly said “A wise woman wishes to be no one’s enemy; a wisewoman refuses to be anyone’s victim.” And Gandhiji explained this felicitously thus:

“Man and Woman are equal in status, but are not identical. They are a peerless pair being supplementary to one another; each helps the other, so that without the one the existence of the other cannot be conceived; and therefore, it follows, as a necessary corollary from these facts, that anything that will impair the status of either of them will involve the equal ruin of them both.”

To Mahatma Gandhi, woman is the incarnation of Ahimsa. In his writing in the Harijan of 24th Feb 1940 Gandhiji recalled an incident narrated to him of a woman who refused to take chloroform because she would not risk the life of the baby she was carrying and underwent a painful operation sans it. And the Mahatma elaborates, “Who but woman, the mother of man, shows this capacity of Ahimsa in the largest measure? …It is given to her to teach the art of peace to the warring world thirsting for that nectar.” He gave the clarion call “In the war againstwar, women of the world will and should lead. It is their special vocation and privilege.”

Women’s day observance had its origin in New York of 1909. Over a period of time, it spread to several parts of the world. The United Nations began celebrating Women’s Day in 1975 which itchristened as the International Women’s Year. March 8 was officially declared as Women’s Day by the General Assembly in 1977. Every year the UN has a theme for International Women’s Day and for 2024 the theme is “Invest in Women: Accelerate Progress”.

On the International Women’s Day, it is our privilege and duty to remember, respect and acknowledge the tremendous contribution of several women all across the world in various spheres. In the field of politics Margaret Thatcher, the Iron Lady and first woman Prime Minister of UK; Indira Gandhi, the only woman Prime Minister of India; Hillary Clinton,first woman Secretary of State in the USA; Angela Merkel, the longest in office as Chancellor of Germany; Aung San Suu Kyi of Myanmar; are outstanding ones. 58 women have been awarded Nobel prizes for their contribution in various fields. And the most prominent among them is Marie Curie who is the only woman to have had the distinction of winning the Nobel prize twice. On the religious and social front our obeisance to Andal, the only Sri Vaishnava Alwar saint; to Saint Theresa for the phenomenal and every lasting work done by her; to Dr.Muthulakshmi Reddy, one of the first woman doctors in the then State of Madras and founder of the Adyar Cancer Institute; Meera bai for her devotion and spirituality. And for heroic deeds, Rani Lakshmi Bai of Jhansi, Kittur Rani Chennamma of the princely State of Karnataka, Onake Obavva of Chitradurga are unforgettable and cannot be erased from the annals of history. May the tribe of all these great women increase and this world be made a peaceful abode for all.

India has constitutionally declared against discrimination only on the basis ofsex (Art.15 and 16). But while so doing, Art.15(3) specifically provides as follows: “Nothing in this Article shall prevent the State from making any special provision for women and children.”

As part of the Directive Principles of State Policy, under Art 39, the State is mandated to direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood; and there is equal pay for equal work for both men and women; and that the health and strength of workers, men and women is not abused. Art.42 mandates the State to make provisions for maternity relief. To conclude let me place a subhashita glorifying the position of women in our society.

यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः। यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः।। अर्थात्- जहाँ स्त्रियों की पूजा होती है वहाँ देवता निवास करते हैं और जहाँ स्त्रियों की पूजा नही होती है, उनका सम्मान नही होता है वहाँ किये गये समस्त अच्छे कर्म निष्फल हो जाते हैं।

Wherever women are worshipped, Gods revel. Wherever women are disrespected all work undertaken is futile.