Hon’ble Mr. Justice M.G.S. Kamal celebrates his 54th birthday today.
Hon’ble Mr. Justice M. G. Shukure Kamal: Born on 30th June, 1971 at Kodlipet, Kodagu District. Did his Primary & Secondary education both at Kodlipete and Suntikoppa of Kodagu District. Completed his PUC at Govt. Senior College, Madikeri and did his BAL.,LL.B. at Vidyavardhaka Law College, Mysuru. He was enrolled as an Advocate with the Karnataka State Bar Council on 05.08.1994. He appeared before the High Court of Karnataka, City Civil and Sessions Court, Chief Metropolitan Magistrate Courts, Debt Recovery Tribunals at Bengaluru, mainly in Civil, Criminal, Constitutional, Labour, Arbitration, Revenue and Wakf matters. His Lordship appointed as Additional Judge of the High Court of Karnataka and taken oath on 17.03.2021 and Permanent Judge on 30.09.2022.
Important judgments delivered by Justice M.G. Shukure Kamal.
Principles of Natural Justice. In the absence of any legal right, the principles do not apply. Authority passing resolution in favour of a person without any statutory backing can withdraw it without prior notice. Karnataka High Court.
Land Acquisition Act 1894. Land acquired and vested with the Government can NOT be withdrawn. Unless there is material to rebut statutory presumption, notification under Section 16(2) is evidence of taking possession. Karnataka High Court.
Land Acquisition Act, 1894. Market value. Amount awarded under consent award in respect of similarly situated land acquired for similar purpose can be treated to be the base price. Karnataka High Court.
A representative suit cannot be permitted to the withdrawn or compromised without complying with mandatory procedure under Order 1 Rule 8 (4) of the Civil Procedure Code. Karnataka High Court.
Education. Though admission deadline is inviolable if the authority extends it, admission of students beyond deadline is valid. Karnataka High Court.
Though a minor can be beneficiary/ recipient under a contract, he cannot be subjected to any obligation or burden of performance of any reciprocal promise. Karnataka High Court.
Action taken pursuant to and upon an insufficiently stamped document cannot be termed as illegal, null and void and nonest in the eye of law in the absence of any specific provisions thereof. Karnataka High Court.
Suit for specific performance. Merely because the agreement does not stipulate any time, the same cannot be expected remain unperformed for all the time to come. Karnataka High Court.
Bombay-Karnataka area. Succession among Hindus coming under the Bombay School of Inheritance. Sister was entitled for a share if the succession had opened prior to 1956. Karnataka High Court.
“Writ Petition seeking revision of voters list cannot be maintained except by the persons aggrieved.” Karnataka High Court, while dismissing the petition filed by MLA seeking rectification of voters list of his constituency.
Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will.
State or its authorities cannot levy tax on the properties belong to Union of India constructed after the commencement of the Constitution of India in view of Article 285. Karnataka High Court.
Limitation Act. When calculating the delay in filing an appeal, the time spent prosecuting a Civil Revision Petition that was dismissed on jurisdictional grounds must be excluded, as per Section 14. Karnataka High Court.
Karnataka Stamp Act. If a document is already adjudicated and the stamp duty is paid, the trial court cannot impound the same document again under Section 34 of the Act and direct payment of stamp duty and penalty for a second time. Karnataka High Court.
Upon execution of the sale deed and payment of stamp duty, the agreement to sell merges with the sale deed. No additional stamp duty is payable on the agreement unless the sale consideration differs between the two documents. Karnataka High Court.
Mere execution of lease-cum-sale deed and possession certificate without actual delivery of possession will not absolve the BDA to allot alternate site when the site itself is not handed over to the allottee. Karnataka High Court.
Land acquisition initiated under the 1894 Act. If compensation amounts in respect of majority of land holdings are not deposited as on the date of the commencement of the 2013 Act, the compensation is required to be determined as per the provisions of the said 2013 Act. Karnataka High Court.
BDA scheme for residential apartments. Purchaser of a residential property is liable to pay GST if booking is made prior to completion of construction. Karnataka High Court.
A court fee dispute in civil suit should be decided as a preliminary issue only if it affects the court’s pecuniary jurisdiction; otherwise, it can be considered along with other issues in the suit. Karnataka High Court.
Karnataka Court Fees and Suit Valuation Act. In partition suits, if a plaintiff claims joint possession, the suit can be valued under Section 35(2). The possession of one co-owner is presumed to be possession of all unless specifically excluded. Karnataka High Court.
Allotment of compensatory sites. Once a sale deed is executed and registered, the BDA loses all rights over the property. Unilateral cancellation of the sale deed by the authority is arbitrary, illegal, and unenforceable. Karnataka High Court.
Inordinate delay in land acquisition appeals requires valid justification. Mere plea of illiteracy or ignorance is insufficient. Prior compensation awards are not binding precedents unless land similarity is proven. Compensation enhancement must be based on independent valuation evidence. Karnataka High Court.
Land acquisition lapses under Section 11A of the 1894 Act if the award is not made within two years. Lapse of acquisition occurs automatically by operation of law when statutory conditions are not met. Karnataka High Court.
When delay in payment of the auction balance is caused by factors attributable to the auctioning authority such as dispute resolution, interest cannot be levied on the purchaser. Karnataka High Court.
Once a property is notified as Waqf property under the Waqf Act, the notification is binding on all parties unless challenged within the stipulated time and in the manner prescribed under the Act. Karnataka High Court.
Power to appoint and remove the Mutawalli is exclusively vested with the Waqf Board under the Waqf Act. Jurisdiction of the Civil Court in this regard is ousted. Karnataka High Court.
Objection regarding jurisdiction over the subject matter can be raised even in the second appeal. Objection with respect to territorial or local jurisdiction and pecuniary jurisdiction shall be raised at the earliest stage. Karnataka High Court.
Partition. Court cannot appoint an advocate for the purpose of division of the property. Division of property can be done either by a Collector or any Gazetted subordinate of the Collector deputed by him. Karnataka High Court.
Maintenance and Welfare of Parents and Senior Citizens Act. Bank, to which property is mortgaged, can file Writ Petition questioning the order cancelling the gift deed in favour of the borrower, to enforce the security interest. Karnataka High Court.
“Once a Waqf is always a Waqf’’ phrase cannot be used to justify adding properties to the Waqf list that were previously excluded. Karnataka High Court.
Maintenance and Welfare of Parents and Senior Citizens Act. Failure to challenge gift deeds in favour of other children does not constitute grounds for dismissing an application. Karnataka High Court.
Plea of adverse possession must be proved by independent evidence and the parties cannot depend on the documents of non-contesting parties. Karnataka High Court.
Once a suit is found to be barred by limitation, the Court cannot go into merits of the case and give findings on other issues. Karnataka High Court.
Purchaser of joint family property from one of the co-owners can assert his right under Section 44 of the Transfer of Property Act only to the extent of his vendor’s share though the entire property was sold to him. Karnataka High Court.
Respondent in an appeal can state that finding against him on a particular issue ought to have been in his favour without filing appeal or cross objection. Appellate court cannot reject the plea when cross appeal is not filed. Karnataka High Court.
Adopted son cannot divest shares in property already vested with members of the family to which he is adopted. Karnataka High Court.
Accident involving parked and moving vehicle. Foremost obligation/burden is on the owner of the vehicle which is parked on the road and prove that he had indeed complied with the requirement of Section 122 of MV Act. Karnataka High Court.
Statutory body allotting sites by merely mutating names of the allottees in the revenue records without causing execution and registration of title document will not confer any right. Karnataka High Court.
Land acquisition. Once award is passed, Land Acquisition Officer becomes functus officio and except carrying out clerical or arithmetical mistakes if any in the award, there cannot be any further re-consideration of the award. Karnataka High Court.
Khatha of property cannot be unilaterally cancelled alleging encroachment of Village Panchayat property without following the procedure under the Karnataka Panchayat Raj (Removal of Obstructions and Encroachment) Rules. Karnataka High Court.
Non consideration of application for production of additional evidence under Order 41 Rule 27 while disposing the appeal is a mistake and an error apparent on the face of the record providing “sufficient reason” for review. Karnataka High Court.
Post of primary school teacher is a ‘civil post’. Only the Administrative Tribunal and not the High Court has jurisdiction to deal with the issue pertaining to the selection. Karnataka High Court.
Acquisition of lands for BMRCL under the KIAD Act. Compensation is payable under the provisions of land acquisition Act, 2013 without deducting the Tax at source under the Income Tax Act. Karnataka High Court.
Writ of mandamus. To meet the ends of justice, Writ Court itself can grant relief to aggrieved persons without relegating them to the authorities. Karnataka High Court.
Societies Registration Act applies to educational institutions run by a religious mutt if the institutions are registered under the Act. Karnataka High Court.
Suit for bare injunction is not maintainable when defendant apart from denying title and possession of plaintiff sets-up title to himself. Karnataka High Court.
State or its authorities cannot levy tax on the properties belong to Union of India constructed after the commencement of the Constitution of India in view of Article 285. Karnataka High Court.
Indian Succession Act. Succession Certificate cannot be issued in respect of immovable property in Karnataka. Authorities cannot insist on production of Succession Certificate for transfer of khata of the property bequeathed under a Will.
“Writ Petition seeking revision of voters list cannot be maintained except by the persons aggrieved.” Karnataka High Court, while dismissing the petition filed by MLA seeking rectification of voters list of his constituency.
Daksha Legal 