ಆಂಗ್ಲ ಭಾಷೆಯಲ್ಲಿರುವ ನ್ಯಾಯಾಲಯದ ತೀರ್ಪಿನ ವಿವರ ಹಾಗೂ ತೀರ್ಪನ್ನು ನೋಡಲು ಈ ಲಿಂಕ್ ಬಳಸಿ.
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Hon’ble Mr. Justice Umesh M Adiga celebrates his 60th birthday today.
Hon’ble Mr. Justice Umesh Manjunath Bhat Adiga: Born on 09.01.1964. Native of Gadag. Enrolled as Advocate and practiced at Gadag. Appointed as Munsiff on 08.02.1995. Appointed as District Judge on 06.07.2009. Served as Registrar (Vigilance) High Court of Karnataka, Prl. District & Sessions Judge, Chikkamagaluru, Dharwad and as Presiding Officer, Industrial Tribunal, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022.
Important Judgments delivered by Hon’ble Mr. Justice Umesh M Adiga.
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. (DB)
https://www.dakshalegal.com/judgements/actionView/dkllsV6yLApcTI0vMBk36ueJD
When proceedings are initiated under the Karnataka SC/ST (PTCL) Act, the authorities are bound to examine whether the grant comes within the purview of the Act. Karnataka High Court. (DB)
https://www.dakshalegal.com/judgements/actionView/knyP6X0qU1GSKaKOj5QXLenQO
Employees’ Provident Funds and Miscellaneous Provisions Act. Competent authority has discretion to reduce the percentage of damages under Section 14B and the same is justiciable. Karnataka High Court. (DB)
https://www.dakshalegal.com/judgements/actionView/Bo2POtFSS5h25GuN9rYugrfTp
Mere payment of premium amount before occurrence of accident will not cover liability if the insurance policy is issued with effect from the time after the accident. Karnataka High Court. (DB)
https://www.dakshalegal.com/judgements/actionView/WdjePhtI9Mcj3G1HCapAgHfzq
Mere existence of Arbitration Clause does not bar jurisdiction of the Civil Court unless the party exercises his right under Section 8 of the A & C Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/wmCmITKVQysZ76UZBIPrkNxfJ
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. (DB)
https://www.dakshalegal.com/judgements/actionView/KTohNi0scrGMCG88PW03QRIMX
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.
https://www.dakshalegal.com/judgements/actionView/udkOeV7yKIdTeFHtQuBxtwqzQ
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.
https://www.dakshalegal.com/judgements/actionView/4uLoS35AvEzCdQGRQuO1p74ja
Hon’ble Justice B.M. Shyamprasad celebrates his 53rd birthday today.
Hon’ble Mr. Justice Bhotanhosur Mallikarjuna Shyam Prasad was born on 8th January 1971. He was appointed as Additional Judge of the High Court of Karnataka and took oath on 14:2:2018 and Permanent Judge on 7:1:2020.
Important Judgements delivered by Hon’ble Mr. Justice B.M. Shyam Prasad.
Property inherited by a female from her parents reverts back to heirs of her father on she dying intestate and without issues. Suit for declaration by husband claiming such property ought to be rejected under Order 7 rule 11. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NWLKO48RRXZ6i2vVzSBW34wIs
Once parties acknowledge existence of arbitration clause, Court can appoint arbitrator even if stamp duty is insufficiently paid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/u2ntQqAc5HYTyzYrqEjahBZVD
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court. (DB)
https://www.dakshalegal.com/judgements/actionView/6kOPhZhSX9PhLmdSbdJoyg0VF
Arbitration and Conciliation Act. When arbitrator withdraws from the office, substitute arbitrator can be appointed only under Section 11 read with Section 15 and under Section 29A(4) thereof. Karnataka High Court.
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Appeal court should not allow amendment unless there is an error in the decree of the trial court and when the amendment relieves the party who lost the case from the consequences of a decision rendered on merits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/C2RKlsSnuzv8PR0K2MiDB7jnv
Karnataka Court Fees and Suits Valuation Act, 1958. Suit for cancellation of sale deed in respect of agricultural land. Valuation is based on the land revenue and not on the amount shown in the sale deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XHwSeoIldKEHJ5yZMh1SbjsQr
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court.(DB)
https://www.dakshalegal.com/judgements/actionView/6kOPhZhSX9PhLmdSbdJoyg0VF
Karnataka Land Revenue Act. Questions of facts that impact title cannot be decided in proceedings under Chapter XI. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PQZXALCma7nn1QdRZlH6HMjTR
The Karnataka High Court has expressed its deep concerns about the widespread use of social media among youngsters, particularly schoolchildren. The Karnataka High Court suggested that it might be in the nation’s best interest to restrict access to social media platforms for this demographic. The idea is to potentially set a threshold age of either 21 or 18, aligning with the age when individuals gain the right to vote.
The observations came from the division bench of the High Court, comprised of Justices G Narendar and Vijayakumar A Patil, during the hearing of a writ appeal filed by X Corp, formerly known as Twitter Inc.
The Hon’ble Court observed that in recent times, school-going children have become so engrossed in social media that imposing restrictions on them might benefit the nation.
“Ban social media. I will tell you a lot of good will come. Today’s school going children are so addicted to it. I think there should be an age limit such as in excise rules,” Justice Narendar said.
The court further observed that “children may be 17 or 18. But do they have the maturity to judge what is or is not in the interest of the nation? Not only on social media, even on the Internet things should be removed, it corrupts the mind. The government should consider bringing in an age limit for the use of social media”.
Borrowed from https://economictimes.indiatimes.com/news/how-to/why-court-wants-to-put-an-age-limit-on-using-social-media-in-india/articleshow/103801209.cms?from=mdr
Factual antecedents: In the month of June 2023 few children studying in a reputed School formed closed/private online platform.
As per the school, during the month of June 2023, several students of the School formed a private social network group and started making obnoxious comments against the teachers of the school. One lady teacher was called ‘Negro’ and even more obnoxious comments were made in the group.
Later one of the parents of the student brought to the notice of the school management about the group and also sent the screenshots of the debates in the said group.
The school management decided to take note of the issue. Hence, disciplinary committee was constituted to examine the scenario. The parents of these 61 students participated in the proceedings and 60 of them agreed to assure the school management to see that such activities against the teachers of the school are not repeated. The school management asked the parents to pay the fine of Rs. 10,000/- a cancer Hospital.
Apart from the above, the School asked the parents to give assurance/undertaking that they would monitor the online activities of their children i.e. the activities which might expose the children to dangerous world.
One of the parents approached Karnataka High Court against this and the Karnataka High Court passed an interim order restraining the school management from collecting the fine and to permit the daughter of the complainant to attend the classes till the next date of hearing.
Alleging violation of the Court order, the parent initiated proceedings before the division bench. The Hon’ble Division Bench while disposing the matter observed that whether the School management can insist on the undertaking has observed that “Whether such insistence would be proper or otherwise would be a different question and at the moment we may not go into it”.
The matter is pending before the single judge of the Karnataka High Court to decide this question.
From Times of India E-paper.
Bengaluru : Courts in Karnataka had, as of 7pm Sunday, disposed of nearly 17 lakh cases in 2023, even as pendency continued to haunt them.
Analysis of the National Judicial Data Grid data shows that the high court disposed of 87,506 cases, while the lower courts across taluks and districts managed about 16 lakh cases. A majority of the cases disposed of — 14.7 lakh — had been filed in the past three years, while over 10,000 were older than 10 years.
With the increasing use of technology, the courts are expected to clear more cases in the coming year, as Chief Justice of India DY Chandrachud had said while addressing the state judiciary earlier in December 2023. Commending the Karnataka judiciary’s accomplishment of disposing of cases in 2023, Justice Chandrachud had encouraged judges to become more acquainted with technological tools.
Notwithstanding the efforts, separate data shows more than 22.3 lakh cases — nearly 2.9 lakh of them in the high court — are still pending.
Of these, 153 have been pending for more than 30 years, while a majority — 19.4 lakh — have been pending for only a year. Multiple experts TOI spoke with said a key concern is the judge-to-population ratio, which is about 21 per million in India, and a similar trend is seen across the states, including Karnataka.
“While India does have a huge population compared to other countries, there is nothing that stops the govern- ments from appointing more judges, which is not happening,” one of them said, adding that the sanctioned strength itself needs a relook and the situation on the ground is that not even the sanctioned posts are filled.
Another expert, while pointing out that case pendency is a complex subject which cannot be crystallized for a ready-made solution, said: “… The inception of disputes, resolution of the same, and delivery of justice have to be dealt with very carefully and should be subjective.”
Justice Ashok S Kinagi celebrates his 54th birthday today.
Hon’ble Mr. Justice Ashok S. Kinagi: Born on 01.01.1970. Enrolled as an Advocate in the year 1995. Practiced in High Court of Karnataka, Kalaburagi Bench from 2008 to till date.
Practiced in the field of Civil, Land Acquisition and Service Matters etc,.
Panel Advocate – Hyderabad Karnataka Education Society, Gulbarga, Khaja Banda Nawaj Education Society, Gulbarga, Alstom Project India Limited, Shahabad, ACC, Wadi, Karnataka State Financial Corporation, Karnataka State Industrial and Development Board, Ganesh Co-Operative Bank, Gulbarga, Punjab National Bank, Gulbarga, Hutti Goldmines, Hutti, Dist. Raichur, The Karnataka Power Transmission Corporation Limited.
Appointed as Additional Judge of the High Court of Karnataka and taken oath on 23.09.2019 and Permanent Judge on 01.03.2021.
Important judgments delivered by Hon’ble Mr. Justice Ashok S. Kinagi.
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. When earlier suo-motu proceedings were dropped by the Assistant Commissioner, fresh proceedings cannot be initiated by the grantee without challenging the said order. Karnataka High Court.
Karnataka Land Grabbing (Prohibition) Act. The Civil Court must record a clear finding about land grabbing in order to transfer the case to Special Court. Karnataka High Court.
Land restored under SC/ST (PTCL) Act to original grantees cannot be construed as Government land to invoke the provisions of the Karnataka Land Grabbing Prohibition Act. Karnataka High Court.
Constitution of India. Article 226. In a writ petition challenging the interim order passed by a Labour Court or Industrial Tribunal, refusal to interfere is a rule and interference is an exception. Karnataka High Court. (DB)
Intra-court appeal under the Karnataka High Court Act is not maintainable against an order passed by the Single Judge assailing an award passed by the Labour Court. Karnataka High Court. (DB)
Even an earlier registered sale deed does not confer right over property declared subsequently as Wakf property as long as the declaration is not set aside. Karnataka High Court.
Application for amendment of pleadings cannot be entertained after the commencement of trial, unless the party could not raise the issue before commencement of trial. Karnataka High Court.
Corporation cannot demand tax in respect of an industrial plot unless the industrial area is included within the Corporation limits. Karnataka High Court.
Khata of property cannot be changed when civil suit in respect of the property is pending adjudication before the Court. Karnataka High Court.
KMMC Rules. When the order of Competent Authority is approved by the Controlling Authority, who is also the Revision authority, Revision can only be filed before the State Government. Karnataka High Court. (DB)
Committees under Article 194(3) of the Constitution are not vested with adjudicatory jurisdiction which belongs to judicature under the constitutional scheme. Karnataka High Court. (DB)
Allotment of industrial plot cannot be cancelled on the ground of delay in implementing the project when the delay is attributable to reasons beyond the capacity of the allottee. Karnataka High Court. (DB)
Transfer of Property Act. Upon valid transfer of property, attornment of tenancy takes place and the tenant cannot question such derivative title. Karnataka High Court.
Property of first wife dying intestate goes even to the legally married second wife after the death of her husband. Karnataka High Court.
Unless the factum of Benami transaction is established, property purchased in the name of female becomes her absolute property. Karnataka High Court.
Suit for specific performance. When the defendant neither pleads nor leads evidence on hardship, Court shall decree the suit especially when the plaintiff proves readiness & willingness. Karnataka High Court.(DB)
Resumption under the Karnataka SC/ST (PTCL) Act cannot be ordered when grantee obtained conversion of land for non-agricultural purposes before the alienation. Karnataka High Court.
Stay of suit under Section 10 CPC is permissible only if the whole subject-matter in both the proceedings is identical and not incidentally or collaterally in issue. Karnataka High Court.
Allotment of industrial site cannot be cancelled when the allotting body itself has not complied with necessary conditions. Karnataka High Court.
Adopting technology to its maximum use is one of the notable achievements of the Karnataka High Court. Covid scenario forced Judiciary all over India to create online platforms for videoconferencing that helped thousands of lawyers to effectively argue their cases sitting in different locations. https://wordpress.com/post/dakshalegal.blog/1205
During Covid scenario the Karnataka High Court dealt with batch of Writ Appeal/Petitions when nine Senior Advocates including Solicitor General of India and Additional Solicitor General of India, more than 25 instructing counsel – all logged in from different parts of the country and one from abroad, 5000 pages of documentation and marathon hearing for 25 working days including two Court holidays, totally 61 hours of hearing. This is the biggest experimentation by the Karnataka High (Virtual) Court in the matter of Securities Exchange Board of India vs Franklin Templeton Trustees Services Pvt Ltd & others decided on 24 October 2020.
The Corona related lockdown and closure of courts opened a new avenue of virtual courts through video conference. The judiciary especially High Courts across the country are fully equipped with the new technology. The court staff are fully trained. The complements given by the learned advocates in Securities Exchange Board of India vs Franklin Templeton Trustees Services Pvt Ltd & others shows the hard work and efficiency exhibited by the court staff in handling the entire matter brilliantly.
Now, Karnataka High Court is all set to introduce ‘Vconsol’, an Indian made application for video- conferencing. Vconsol was selected by the Government of India as the winner of innovative challenge for video conferencing platforms.
The application platform is already a success in Kerala High Court and was used for conducting the virtual proceedings before the division benches.
‘Vconsol’ app has customized features for court-hearings. It provides separate log-ins for judges, advocates, court-masters and members of public. A notable feature is that the advocates get automatic entry to the VC hearing as soon as their case numbers are called. There is an option for judges of the bench to have private chat between themselves.
The Karnataka High Court had been using ‘Zoom’. The recent hacking of the Zoom platform raised serious questions of safety apart from creating embarrassment.
Another striking feature is the ‘hand-raise’ option given for advocates, which can function as a ‘virtual mention’ facility. If an advocate attending the VC session wants to make a mention, the ‘hand raise’ icon can be clicked to invite the attention of the bench.
Members of general public can also log-in the VC hearing as ‘passive participants’ to watch the proceedings of cases for which public access has been allowed.
‘VConsol’, developed by a Kerala-based startup Techgentsia Software Technologies Private Limited, won the Union Ministry’s “Innovation Challenge for Development of Video Conferencing Solution” in last August. Minister for Electronics and Information Technology, Ravi Shankar Prasad, declared ‘VConsol’ as the winner.
Details of the Application can be found in the enclosed file. Please download and acquaint yourself.
Nitin Kumar Misra vs The Commissioner.
WP 27604/2023 daily order dated 19 December 2023.
Justice Suraj Govindaraj
Hon’ble Justice K S Mudagal is celebrating her 60th birthday today.
Hon’ble Justice Kottravva Somappa Mudagal: Born on December 22, 1963. Obtained B’Com, LL.B. from Karnataka University, Dharwad. Joined legal profession on 6th July, 1988 as an Advocate at Dharwad and Bangalore. Appointed as District Judge on 17.06.1998. Sworn in as an Additional Judge of the High Court of Karnataka on 14th November, 2016 and Permanent Judge on 03.11.2018.
Important Judgments delivered by Hon’ble Mrs. Justice K.S. Mudagal.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Dismissal of the main suit does NOT absolve the defendants of their liability for breach of injunction order. Karnataka High Court.
Civil Procedure Code. Order 39 Rule 2A. Party knowingly violating injunction order cannot contend that the order is null and void or irregular and hence need not be obeyed. Karnataka High Court.
Father is liable to pay maintenance to the major daughters and also their marriage expenses. Karnataka High Court.
Rejection of Plaint. When plaint is sought to be rejected on a pure question of law, the application cannot be dismissed on the ground that the same shall be considered on a full-fledged trial. Karnataka High Court.
Lok Adalat award in respect of cheque bounce case. Amount can be recovered by Fine Levy Warrant under Section 421 Cr.P.C. Karnataka High Court.
Daily waged employees working in the local bodies like Zilla Panchayats, on their regularization, are entitled for payment of gratuity from the date of their initial appointment. Karnataka High Court.
Delay and laches in filing Writ Petition. Where respondents/authorities are themselves guilty of delay and latches, they cannot raise such plea against petitioner. Karnataka High Court. (DB)
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. (DB)
Review Petition by non-party to the proceedings. Court can review compromise decree recorded in Regular Second Appeal if there was suppression of facts affecting the rights of third party. Karnataka High Court.
Rider of two-wheeler not possessing driving license. Insurance Company is NOT liable for compensation. Karnataka High Court. (DB)
Unregistered sale deed cannot be received in evidence even for the collateral purposes of proving possession. Karnataka High Court.
Civil suit questioning attachment of property under the Karnataka Co-operative Societies Rules is not maintainable without exhausting the remedy provided under Section 101 of the Karnataka Co-operative Societies Act. Karnataka High Court.
For the lands falling within Corporation limits, there is no need to obtain conversion from agricultural to non-agricultural purpose under Section 95 of the Karnataka Land Revenue Act. Karnataka High Court.
Hindu Law. There can be partition of ancestral properties among the cousins and need not always be among the direct brothers. Karnataka High Court.
Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.
Prima facie case includes maintainability of the suit. When maintainability of the suit is doubtful or the suit is prima facie vexatious, it cannot be said that the applicant has prima facie case. Karnataka High Court.
Occupancy rights granted under the Karnataka Land Reforms Act in favour of one of the member of the family enure to the benefit of the members of the joint family. 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. (DB)
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