“Know Your Judge”. Justice Anant Ramanath Hegde. Karnataka High Court.

Hon’ble Mr. Justice Anant Ramanath Hegde celebrates his 53rd birthday today.
He was born on on 7th March 1971 at Sirsi in North Kanara District.
He completed the degree in law in June 1994 from the University College of Law, Dharwad Commenced practice in Sirsi courts in July 1994 under the guidance of grandfather Sri. A. M. Hegde and father Sri. R. A. Hegde.
After the establishment of the High Court Bench in Dharwad, in 2008, he started practice in High Court Bench at Dharwad.
Justice Anant Hegde was sworn in as Additional Judge of the High Court of Karnataka on 08.11.2021 and as Permanent Judge on 21.09.2023.
Important Judgements delivered by Hon’ble Mr. Justice Anant Ramanath Hegde.
Motor Vehicles Act. Power of the Tribunal or the High Court to award just and fair compensation to the victim is not taken away because of prayer for a lesser amount. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RdwNGdXfjDc2PcIiDJDuDt1CB
Education. ”On account of the pandemic, one cannot give up maintaining standards of education”. Karnataka High Court while rejecting plea of law students to dispense with exams.
https://www.dakshalegal.com/judgements/actionView/gZeUGT7o3ig8p2wuWUtS939ev
Caste Certificate and Creamy Layer Certificate cannot be treated alike. Caste Certificate status is permanent whereas Creamy Layer Certificate status varies from time to time depending on income. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/pvH8V0Px2wNa8X00sUAsryd1i
Service law. Principle that ‘Rules of the game cannot be changed once the game has begun’ does not apply if the change is not illegal or contrary to any provision of law. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GCRwQKEXG0foNBq2gnxNgv93S
When the application under Section 11(6) of the Act is pending consideration before the High Court, Arbitrator cannot be appointed by the authority named in the arbitration agreement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2SUMp8AtBfydSAgxtLWPu923k
Appointment of Court Commissioner under Order XXVI Rules 9 and 10 of the Code of Civil Procedure. Karnataka High Court lays down authoritative guidelines.
https://www.dakshalegal.com/judgements/actionView/vmskd6wY1WwYmON61BACgn4XP
Hindu Succession Act. Amended Section 6. Person who alienates properties in violation of injunction order of the court cannot take advantage of the alienation by taking shelter under the proviso to Section 6(1) of the Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Kj2ioO0oiqGcZnVKNqx5MG9F9
“The concept of ‘justice at the doorstep’ flowing from Articles 14 and 21 can’t be an empty formality”. Karnataka High Court suggests increase in the pecuniary jurisdiction of the District Courts to avoid flooding of the First Appeals in the High Court.
https://www.dakshalegal.com/judgements/actionView/HBFNV3HI7iqPO8fymoMgbPcaC
Hindu Succession Act. Partition of properties inherited under Section 8 will not change the nature of the properties to coparcenary. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/7WkHgBZXZWIZPMLmRL8htCCb5
Revenue entries coupled with possession can be relied on in support of the plea of earlier oral/unregistered family arrangement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/r4m6A72s3g57m6WRBTU4VViEa
Arbitration Act, 1940. Arbitrator cannot award damages for an alleged breach of the contract when the contract does not provide for such damages in the event of such breach. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/RzP00a4U1PP4ReXvz5yV5zF9v
Proportionality of punishment for Contempt of Court under Order XXXIX Rule 2A, CPC. Order directing civil imprisonment should not be passed as a matter of course. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ViKRSuf6dc5AJg77rph6Xeyex
Contempt of Court under Order XXXIX Rule 2A, CPC. Even persons who are not parties to suit can be punished for contempt of court. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/CdvRapED3CalZaaHCqHXodbpb
Bombay Public Trust Act, 1950. When the requirements under Section 92 of the Code of Civil Procedure are met, the Civil Court ought to grant permission to sue. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ntjZGbJK0IniXUi7wfQkLj2M8
Agreement to sell recording delivery of possession of property before expiry of 15 years contemplated under Section 61 of the Karnataka Land Reforms Act is void and unenforceable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/9yU4efgwuBt3ibTXAvI0pHMuD
Photostat copy which is compared with its original is admissible as secondary evidence if other conditions required for production of secondary evidence are met. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/BmFE8KSe11kFEQc51RbJVfrBf
Widow of coparcener cannot be disqualified from inheriting her husband’s share in the joint family properties on the ground of she leading an unchaste and immoral life. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Y5POn9eQWL3xijDyiS8Z5QjO2
Land Acquisition. Time to file cross objections by the landowner starts from the date of receipt of notice of the appeal filed by the beneficiary and not from the date of the award. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oMUyK8mMJ5TFp5WMRgmk88K7r
Land acquisition. Courts exercising jurisdiction under Article 226 of the Constitution have the power to shift/ alter/ fix the date for reckoning the market value under certain circumstances. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fqhA0ZhGbD82AbYELzz8FHcen
Karnataka Excise Act. Induction of wife of the deceased partner cannot be construed as creating new partnership or new entity for the purpose of issuance of licence. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/1fRQ5KodlEcTRRqWt8JrMtfXl
‘Special provision in favour of women should also pass the test of equality.’ Karnataka High Court strikes down Indian Military Nursing Services Ordinance, 1943 in so far as providing hundred percent reservation for women in the cadre of nursing officers.
https://www.dakshalegal.com/judgements/actionView/U5M9iSZOvCpqe0alAt8OJByzm
Karnataka Stamp Act, 1957. Authorities cannot recover stamp duty ‘not levied or short levied’ beyond the period of five years unless there is fraud, collusion, wilful mis-statement or suppression etc. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/nOEVpBzE2bhk8DnwvUejBCM6m
Mere irregularity in preparation of voters list in election to local body does not confer right on the members to assert as eligible voters and for counting their votes as valid votes. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yQSwgScp7Nm8ldCmsiOTO8T4d
Karnataka Co-operative Societies Act. Registrar of Co-operative Societies has no jurisdiction to deal with question relating to approval of regulations applicable to members of Common Cadre Committee. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EfM0F8z4t96wnQCZvtiMrSNxn
Nominee or legal representative of deceased member of a Co–operative Society, admitted as a member cannot vote and contest in the election if he does not fulfil the eligibility criteria. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WBTdeOWpw3nXqbox3iT3ZvYXy
Membership in a Co-operative Society is the basic eligibility to contest in an election. In addition, the member has to fulfil additional eligibility criteria if any fixed under the Statute and Bye-law applicable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/5nhbfdgs0EjP3iq6c8SiYoGnO
Disqualification of membership in a Co-operative Society on being appointed as paid employee in the same Society. The membership will not automatically revive upon resignation to the employment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/sFlhqkPtunAbnNvRB3GMsUmpa
Civil Court has jurisdiction to decide shares of joint family members in the properties in respect of which occupancy rights are granted by the Land Tribunal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zLtebXwOg6yo3c5WjkXxN1xV7
Principle that respondent can question adverse finding in judgment without filing an appeal does not apply to an adverse decree against him. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PebgiAuBsym9eKwix28kribwB

Summons/notices in vernacular language in Karnataka Judiciary.

The High Court of Karnataka has implemented a module to generate summons and notices in vernacular language, enhancing accessibility for common litigants. This proactive step aims to overcome language barriers, ensuring the legal process is more easily understood by individuals in their local language.

e-Pay portal enabled for the High Court and District Judiciary in Karnataka.

The High Court and District Judiciary have implemented the e-Payment feature, a crucial part of the Paperless Courts initiative. This allows Advocates and Litigants to conveniently make online payments for court fees, process fees, and copying charges. The e-Pay portal is seamlessly integrated into the state-wide adoption of e-Filing 3.0. Click the link for High court – https://karnatakajudiciary.kar.nic.in/ cconline/public/ & District court https://pay.ecourts.gov.in/epa

S3WaaS website for all the 30 District Courts and revamped website of the Karnataka High Court.

The e-Courts Project in Karnataka migrated all 30 District Courts’ websites to the new S3WAAS platform for enhanced transparency, accessibility, and seamless information dissemination to the public.
Click the link to watch: https://districts.ecourts.gov.in/karnataka

The High Court of Karnataka’s website underwent a revamp following a comprehensive User Interface (UI) and User Experience (UX) analysis conducted by the DAKSH Centre of Excellence for Law and Technology at IIT Delhi. The evaluation covered six High Court websites, including Karnataka. The revamped site now features an Advocates dashboard offering services like registration for copying requests, e-payment of charges, court fee payment, Cause List SMS registration, and e-memo for early case listing.
Click the link to watch: https://karnatakajudiciary.kar.nic.in/ newwebsite/index.php

e-Certified Copies platform for District Judiciary in Karnataka.

District Judiciary Online Services offers a citizen-centric e-facility for Advocates and Litigants to apply online for digitally signed e-copies of Orders and Judgments. This initiative enhances accessibility and includes a QR code for easy online verification.

Click the link: https://districtjudiciary.kar.nic.in/district_court/public/

Online Digital Case Diary android mobile application for Litigants, Advocates and Government Departments in Karnataka

The High Court of Karnataka’s in-house technical team developed an Online Digital Case Diary, ensuring secure access through verified credentials for Advocates, Litigants, and Government Departments. The associated mobile app, created in collaboration with the EDCS wing of e-Governance, enables tracking of case life cycles. This system, complying with the Supreme Court’s directive, also captures details of differently-abled Advocates and Judicial employees. As of 14.12.2023, 11,204 registered Advocates, 2,781 Government Officials, 110 Litigants, and 25 differently-abled Advocates are in the database. Click the link https://karnatakajudiciary.kar.nic.in/ advreg/

Karnataka High Court launches bilingual online platform e-ILR.

The URL for the portal is https://hckstaging.kar.nic.in/ilrweb/. A bilingual online platform, e-ILR, has been launched to provide free access to the Karnataka series of ILR. It is designed for advocates, litigants, government officials, law students, and the public and it features user-friendly search parameters.

This initiative aligns with Phase III of the e-Courts Project and supports the AI-Assisted Legal Translation Advisory Committee’s goal of introducing digital law reports with translated judgments.

Rift with local MLA resulting in suspension of IFS officer. CAT stays suspension order.

The Central Administrative Tribunal, Bangalore today stayed the order passed by the Government of Karnataka which kept Mr. Shivanand Naikwadi, IFS under suspension for speaking rudely with the local MLA Mr. Duryodhan Aihole.

According to the pleadings in the petition filed before the CAT, the matter pertains to illegal construction on the forest land. The local MLA called the IFS officer on behalf of the contractor to allow the contraction. At this juncture, the IFS officer who had already received several calls from persons impersonating as the MLA, retorted at the MLA questioning the bonafides of the MLA.

The MLA gave a complaint to the Chief Minister in this regard which resulted in the suspension order.

After hearing the arguments of Mr. S. Basavaraj, Senior Advocate, the Tribunal passed the order staying the Government Order till the next date of hearing.

“Know Your Judge”. Chief Justice P S Dinesh Kumar. Karnataka High Court.

Chief Justice of the Karnataka High Court, Hon’ble Mr. Justice P.S. Dinesh Kumar celebrates his 62nd birthday today.


Hon’ble Mr. Justice P.S. Dinesh Kumar: Born on 25th February, 1962. Studied in National High School, National College and BMS College, Bengaluru. He was awarded National Merit Scholar Certificate in the High School.

Started Practice in the High Court of Karnataka in the year 1990 in the chambers of Hon’ble Mr. Justice Shivaraj. V. Patil, Former Judge, Supreme Court of India. Appointed as an Additional Central Government Standing Counsel in the year 1998 and as Senior Standing Counsel in the year 2003.

He has served as a Senior Panel Counsel for Central Bureau of Investigation (CBI), Senior Standing Counsel for BSNL, Union Public Service Commission (UPSC), University Grants Commission (UGC), All India Counsel for Technical Education (AICTE), National Counsel for Teacher Education (NCTE).

Served as Standing Counsel Karnataka State Power Transmission Corporation (KPTCL), Karnataka State Road Transport Corporation (KSRTC), Bangalore Electricity Supply Company (BESCOM), Bangalore Development Authority (BDA).
Has worked as a Mediator and a trainer in Mediation. Has appeared in several important cases in different High Courts and Supreme Court in matters concerning appointment of Director, CBI, Dis-investment of ITDC Hotels, Defamation case against the Union Finance Minister, Corruption cases against former Union Minister and former Chief Minister, Language Policy of the State etc., He has worked with distinguished law officers of the Country.

Appointed as an Additional Judge of the Karnataka High Court on 02.01.2015 and Permanent Judge on 30.12.2016. His Lordship assumed charge as the Acting Chief Justice of Karnataka High Court on 25.01.2024 and assumed the office as the Chief Justice of Karnataka High Court on 03.02.2024.

Important judgments delivered by Hon’ble Chief Justice P.S. Dinesh Kumar.
Cheating and Forgery. Matter pending in civil court on the same issue. Criminal proceedings cannot continue.
https://www.dakshalegal.com/judgements/actionView/xuYGGDWbZvnli0cPhnLzFYlnY
Lookout Circulars issued at the behest of creditor banks against loan defaulters does not require prior notice. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/gi9FVCCzKXl72MwGvGtS0OWHf
Karnataka Stamp Act Stamp 1957. Stamp duty can NOT be levied on interest portion when an instrument-including Arbitration award-is registered. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rjcU8cfxHyQk0N5PqxAurtpJy
Karnataka Stamp Act 1957. Sections 31 and 32. Adjudication as to stamps. District Registrar can NOT impound and levy penalty on a document submitted for adjudication. He can only determine the stamp duty payable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/EvnhnOaqqYCMF9msj71YEAgWn
Karnataka Land Reforms Act does not apply to agricultural lands exclusively used for non-agricultural purposes though the land is not converted under the Karnataka Land Revenue Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/5c4aMCnR50kWwCdA8kywY5bM8
Karnataka Land Revenue Act. Deputy Commissioner cannot sit as Revenue Court and pass orders when there is no enquiry/revenue proceedings pending before him for adjudication. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/GHyLF31UrKjMO42AbeR4UpliR
Stay of execution proceedings under Order 21 Rule 29 during pendency of suit does not apply when the suit if filed after initiation of the execution proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/HWF0i0p1kk3zLISSyCTqYGLoD
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
When the application under Section 11(6) of the Act is pending consideration before the High Court, Arbitrator cannot be appointed by the authority named in the arbitration agreement. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2SUMp8AtBfydSAgxtLWPu923k
Karnataka Value Added Tax Act, 2003. Mobile phone chargers sold along with mobile phone in a composite pack attracts tax at the same rate as applicable to mobile phones and cannot be taxed at higher rate as unscheduled goods. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/7CfyFm9UZudtXoWZKRRqaHsmz
Central Goods and Services Tax Act. Pre-paid Payment Instruments of Gift Vouchers, Cash Back Vouchers and E-Vouchers do not fall under the category of goods and services and they are exempted from levy of tax. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aDZVW79JQIjtSznmLBt2vtWCC
Insurance against acts of fraud or dishonesty committed by agent. Issuance of a fake bank guarantee by agent is a dishonest act and hence covered under the Insurance Policy. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Mt2HKTYvVEmunM3nvEQrp9bcd
Suit for recovery of arrears of rent. Landlord cannot claim enhanced rent under the lease deed which requires registration but not registered. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xGqk3fpNUCBvYIlc7mWRGn7vK
Execution of decree. If objector claims through Judgment Debtor, the application is to be rejected. If the claim is based on an independent right, such an application shall be enquired into. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/aYtutQ3CiGIDjIKd7NV2KwVu8
Civil Procedure Code. Summons served on wife of defendant is sufficient service. Presumption arises that the defendant had knowledge of the suit and the date of hearing mentioned in the summons. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2bQvHCIEhHcWq7VD0L5G4qhkg
Summary suit based on written contract. There is no requirement that the written contract should be signed by both the parties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/zlfc7hBTG1YjEbEgb78yK5ZnM
‘’Mother is more concerned about her career prospects than the welfare of the child’’. Karnataka High Court extensively interacts with the child and grants custody to the father with visitation rights to the mother.
https://www.dakshalegal.com/judgements/actionView/kEhkwmQwodDfmj3GCmad3Xwki
”Speculative litigation causing huge loss of judicial time”. Karnataka High Court reverses specific performance judgement against Jamnalal Bajaj Seva Trust with exemplary costs.
https://www.dakshalegal.com/judgements/actionView/jLYqu3CwODYQ6yf2v4U0iM4yd
Withdrawal of suit without liberty to institute a fresh suit as contemplated under sub-rule (3) of Order XXIII Rule 1 of the CPC operates as res judicata for fresh suit on the same cause of action. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/8RtfFt0Dnj8imnjO3wrEchf8E
Medical Colleges Regulation. Bar against conducting inspection two days before and after important religious and festival holidays under Regulation 8(3)(1) applies only to Government notified holidays. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/WF7ivbdtkFE1eZMuV812ifFAH
Education. Admission of students pursuant to interim order cannot be sustained if it results in violation of Article 14 of the Constitution of India. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ZIbKGptLgjl3L1cxDSu6Q9Di3
Arbitrary action of the Karnataka Examination Authority in allotment of post graduate medical seat. Karnataka High Court imposes cost of Rs. 5 lakhs with a direction to allot the seat to the deserving candidate.
https://www.dakshalegal.com/judgements/actionView/qTXxKZWLrrWSrfxtcEMipSUEN