Hon’ble Mr. Justice G. Basavaraja celebrates his 60th birthday today.
Hon’ble Mr. Justice Gurusiddaiah Basavaraja: Born on 03.05.1965. Native of Methikurika Hiriyur Taluk, Chitradurga District. Enrolled as Advocate and practiced at Chitradurga. Appointed as Munsiff on 18.10.1993. Appointed as District Judge on 27.06.2009. Served as Prl. District & Sessions Judge, Chamarajanagar, Member Secretary, Karnataka State Legal Services Authority and as Prl. Judge, Family Court, Bengaluru. Sworn-in as Additional Judge of the High Court of Karnataka on 16.08.2022 and Sworn-in as Additional Judge of the High Court of Karnataka on 16.04.2024.
Important Judgments delivered by Hon’ble Mr. Justice G. Basavaraja.
Violation of the Income Tax Act in monetary transaction cannot be a defence in proceedings under Section 138 of the Negotiable Instruments Act.
Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her.
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.
Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. Karnataka High Court issues guidelines.
POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. Karnataka High Court asks Law Commission of India to rethink on the age criteria.
”Award of death sentence must be preceded by psychological and physiological evaluation, examination of early and present family background, history of violence and criminal antecedent of the accused”. Karnataka High Court lays down guidelines.
Motor Vehicles Act. Non-registration of police case regarding the accident or failure of the Medical Officer to report medico-legal case to the Police is not a ground to deny claim of the victim. Karnataka High Court.
Hindu Marriage Act. Wife not honouring decree for restitution of conjugal rights and refusing to join her husband is sufficient ground for divorce. Karnataka High Court.
Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. Karnataka High Court.
“When the murder is in broad daylight, evidence of the eyewitnesses cannot be brushed aside.” Karnataka High Court reverses acquittal of four persons and convicts them for murder.
Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. 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.
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.
When counsel for appellant is absent and counsel for the respondent is present, the only course open to the appellate Court is to dismiss the appeal for non-prosecution. The appeal cannot be decided on merits. Karnataka High Court.
Residual provision of Article 137 of the Limitation Act, 1963 cannot be applied to prefer Revision Petition against the order passed by the Karnataka Waqf Tribunal. Karnataka High Court.
Plaintiff furnishing fictitious/false address of defendant and then seeking substituted service is a serious issue. Courts must verify the facts before ordering substituted service. 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 case relies heavily on a dying declaration, the court must meticulously examine its veracity, consistency, and the surrounding circumstances. If the dying declaration is inconsistent, appears doubtful, or is not adequately corroborated by other reliable evidence, and if the prosecution’s case is marred by significant inconsistencies and procedural lapses, the accused is entitled to acquittal. Karnataka High Court.
In a suit for partition of joint Hindu family property, the wife and children of a coparcener have an independent right to challenge a compromise decree that adversely affects their pre-existing rights in the ancestral property. Order VII Rule 11(d) of the CPC should not be used to reject a plaint in a partition suit at a preliminary stage when there are substantive rights of the parties that need to be adjudicated through a full trial. Karnataka High Court.
Mere utterance of the words ‘go and die’ does not, by itself, fulfill the ingredients of abetment to suicide. Statements made during a quarrel or in the heat of the moment cannot be presumed to have been made with the requisite mens rea. 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.
Appeal under Section 372 of Code of Criminal Procedure against acquittal. The appellate court should not disturb a trial court’s acquittal unless the trial court’s appreciation of evidence is capricious or its conclusions are without evidence. Karnataka High Court.
Land acquisition. Compensation for acquired land must reflect its market potential and proximity to developed areas. Comparable sale transactions serve as reliable indicators of fair valuation, with reasonable deductions for development costs. Karnataka High Court.
Resjudicata applies only when a former suit has been decided on the same cause of action, involving identical parties and issues. An ex-parte decree without substantive findings does not bar a subsequent suit where ownership and possession claims are distinct from prior proceedings. 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.
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.
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.
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.
When the scheme formulated under the Karnataka Urban Development Authorities Act to form residential layout is lapsed, the Authority cannot refuse sanction of residential layout plan submitted by the landowners. Karnataka High Court.
Family Courts Act. Suit for declaration regarding marital status between two ladies claiming to be the legally wedded wife of a certain person falls within the jurisdiction of the family court and not the civil court. Karnataka High Court.
Dismissal of the complaint under Section 138 N.I.Act for default amounts to acquittal Section 256(1) of Cr.P.C. Appeal is maintainable under Section 378(4) Cr.P.C. Karnataka High Court.
Disposal of corner sites. ‘Power of the BDA to accept or reject auction bid without explanation is traceable to a Rule which is not under challenge.’ Karnataka High Court upholds rejection of the auction bid.
Hon’ble Mr. Justice M.I. Arun celebrates his 55th birthday today.
Hon’ble Mr. Justice Maralur Indrakumar Arun: Born on 24.04.1970, studied SSLC from MES High School, Jayanagar, Bengaluru; PUC from Mari Mallappa Junior College, Mysore; Graduated from the National Law School of India University, Bengaluru in the year 1993. Enrolled as an Advocate on 09.06.1993; practiced under Shri A.N. Jayaram, Former Advocate General of Karnataka and Shri B.N. Dayanand; started independent practice as an Advocate from the year 1996 and represented several Universities and various State Government Undertaking; was a Central Government Senior Panel Counsel and also Additional Government Advocate for a brief period. Elevated as an Additional Judge in High Court of Karnataka, Bengaluru on 07.01.2020 and assumed charge as a Permanent Judge on 25.09.2021.
Important Judgements delivered by Hon’ble Mr. Justice M.I. Arun.
When civil suit touching upon the constitution of the Managing Committee of the Trust is pending, petition under the Charitable and Religious Trusts Act, 1920 cannot be entertained. Karnataka High Court.
Land acquisition. Though KIAD Act doesn’t specify time within which final notification has to be issued, the same shall be done within a reasonable time. Karnataka High Court quashes final notification issued 14 years after the preliminary notification.
In a suit for ejection, Court fee is payable only on the rental amount and not on security deposit, premium or an advance or as a security deposit. Karnataka High Court.
Court in exercise of its power under Article 226 of the Constitution of India cannot sit as an Appellate Authority over the order passed by a statutory authority. Karnataka High Court.
Income Tax Act. Exemption from restriction on cash transaction can be claimed only for special exigencies the burden of proving is on the assessee. Karnataka High Court.
Hindu Succession Act, 1956. Ancestral property partitioned and sold prior to 2005 amendment. Suit for partition by daughter is maintainable under the 1994 Karnataka amendment. Plaint cannot be rejected.
Authoritative pronouncement of the Karnataka High Court on the tests of motive eye witness interested witness independent witness unlawful assembly in a criminal trial.
Criminal Procedure Code. Appeal against conviction is not continuation of the prosecution. Victim has no right to be impleaded in such appeal and be heard on suspension of sentence. Karnataka High Court.
‘The House Committees are an extension of the legislature itself and do informed work’. Karnataka High Court upholds constitution of Special House Committee to examine irregularities in Nursing Colleges in Karnataka.
Court cannot take cognizance of any offence under the Factories Act, 1948 unless a complaint is made within three months from the date on which the alleged commission of the offence came to the knowledge of Inspector. Karnataka High Court.
Existence of a competing co-operative society in the area is only a guiding factor and not a restriction to permit new co-operative society under the Karnataka Co-operative Societies Act. Karnataka High Court.
Administrator under Section 27A of the Societies Registration Act cannot be appointed on vague allegations of irregularities in conducting election. Karnataka High Court.
Karnataka State Commission for Scheduled Castes and Scheduled Tribes has no power to direct the Government to withhold grants being made to an educational institution. Karnataka High Court.
National Calamity Contingent Duty is a surcharge which can be levied independently of the excise duty. NCCD can be levied even in the absence of levy of excise duty. Karnataka High Court.
Wife cannot be held liable under the N.I Act for dishonour of the cheque issued by her husband though the loan transaction is joint. Karnataka High Court.
Suit cannot be dismissed simply because Specified Value as contemplated under the Commercial Courts Act is not mentioned in the plaint. Court can order valuation and return the plaint if the valuation is more than Rs. three lakhs. Karnataka High Court.
Confiscation of goods under Section 130 of the CGST Act must be preceded by an opportunity of being heard and not mere opportunity of filing objections to the action contemplated. Karnataka High Court.
Industrial Disputes Act, 1947. Pendency of disciplinary proceedings cannot be a ground to deny the status of a protected workman unless the workman is also involved in criminal cases. Karnataka High Court.
Cooperative society. Except meeting notice, supply of copy of the motion to the person against whom the no confidence motion is moved is not necessary. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Adhyaksha can only stay the execution of order or resolution of Taluk Panchayat if it is unjust and unlawful etc. He cannot sit as an appellate authority and decide the dispute. Karnataka High Court.
When civil suit touching upon the constitution of the Managing Committee of the Trust is pending, petition under the Charitable and Religious Trusts Act, 1920 cannot be entertained. Karnataka High Court.
Authoritative pronouncement of the Karnataka High Court on the tests of motive eye witness interested witness independent witness unlawful assembly in a criminal trial.
SARFAESI Act. Jurisdiction of Civil Court is NOT ousted to adjudicate dispute prior to mortgage in favour of bank. Suit challenging very validity of mortgage in favour of bank is maintainable. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Minor procedural flaws do not invalidate a no-confidence motion if the essential legal requirements are met. A distinction exists between illegality, which violates a fundamental principle of law, and irregularity, which involves a deviation from established procedures that can be remedied. Karnataka High Court.
Central Goods and Services Tax Act. When the initial action of search and seizure conducted by an improper officer is illegal, all further actions undertaken are also rendered illegal and unenforceable. Karnataka High Court.
Karnataka High Court directs the State Government to devise a mechanism to conduct phodi, durasti and hudbast in respect of granted lands and the lands alienated by any person.
Land acquisition. Grant of a house site under the rehabilitation package shall be determined by ownership rights over the land, rather than actual cultivation of the land at the time of acquisition. Karnataka High Court.
Auction purchaser cannot be asked to pay interest on the sale amount when the delay in execution of the sale deed is solely attributable to the vendor authority. Karnataka High Court.
Karnataka Land Grant Rules. Mortgage to a Co-operative Bank is not an alienation. Mortgagee is entitled to sell the property while enforcing the mortgage even within the prohibited period. Karnataka High Court.
Karnataka Gram Swaraj and Panchayat Raj Act. Power conferred on Adhyaksha to stay the execution of any order or resolution of Taluk Panchayat is not appellate in nature to decide the dispute itself. Karnataka High Court.
Land acquisition. Though KIAD Act doesn’t specify time within which final notification has to be issued, the same shall be done within a reasonable time. Karnataka High Court quashes final notification issued 14 years after the preliminary notification.
ಕರ್ನಾಟಕ ರಾಜ್ಯ ವಕೀಲರ ಪರಿಷತ್ ಏಪ್ರಿಲ್ 9 ರ0ದು ಆಯೋಜಿಸಿದ್ದ ಕಾರ್ಯಕ್ರಮದಲ್ಲಿ ಮಾತನಾಡಿದ ಕರ್ನಾಟಕ ಉಚ್ಚನ್ಯಾಯಾಲಯದ ನ್ಯಾಯಮೂರ್ತಿ ಪ್ರದೀಪ್ ಸಿ0ಗ್ ಯೆರೂರ್ ‘ಎಲ್ಲ ವಕೀಲರಿಗೂ ಇ0ಗ್ಲೀಷ್ ಭಾಷೆಯಲ್ಲಿ ವಾದ ಮ0ಡಿಸಲು ಸಾದ್ಯವಾಗುವುದಿಲ್ಲ. ಕಿರಿಯ ವಕೀಲರು ಇ0ಗ್ಲೀಷ್ ಭಾಷೆಯಲ್ಲಿ ವಾದ ಮ0ಡಿಸಲು ಕಷ್ಟ ಪಡುತ್ತಾರೆ. ನನ್ನ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಕನ್ನಡದಲ್ಲಿಯೇ ವಾದ ಮ0ಡಿಸಿ‘ ಎ0ದು ಹೇಳಿದರು.
ನ್ಯಾಯಮೂರ್ತಿಗಳ ಮಾತುಗಳನ್ನು ಎಲ್ಲರೂ ಒಪ್ಪಬೇಕಾಗಿದೆ. ವಕೀಲ ವೃತ್ತಿಯಲ್ಲಿ ಇಂಗ್ಲಿಷ್ ಭಾಷೆಯು ಬಹುಮಟ್ಟಿಗೆ ಪ್ರಾಮುಖ್ಯತೆಯನ್ನ ಪಡೆದಿದೆ. ನ್ಯಾಯಾಲಯದ ದಾಖಲೆಗಳು, ವಾದ-ವಿವಾದಗಳು ಹಾಗೂ ನ್ಯಾಯಾಧೀಶರ ತೀರ್ಪುಗಳು ಬಹುತೇಕ ಇಂಗ್ಲಿಷ್ನಲ್ಲಿ ನಡೆಯುತ್ತವೆ. ಇದರಿಂದಾಗಿ ಗ್ರಾಮೀಣ ಪ್ರದೇಶಗಳಿಂದ ಬಂದ ಅಥವಾ ಕನ್ನಡ ಮಾಧ್ಯಮದಲ್ಲಿ ವಿದ್ಯಾಭ್ಯಾಸ ಮಾಡಿದ ವಕೀಲರಿಗೆ ಕೆಲವೊಂದು ಪ್ರಮುಖ ಅಡಚಣೆಗಳು ಎದುರಾಗುತ್ತವೆ:
ಭಾಷಾ ಅರ್ಥಮಾಡಿಕೊಳ್ಳುವ ಸಮಸ್ಯೆ: ಕಾನೂನು ಶಾಸ್ತ್ರದಲ್ಲಿ ಬಳಸುವ ಇಂಗ್ಲಿಷ್ ಪದಗಳು ಹೆಚ್ಚು ತಾಂತ್ರಿಕವಾಗಿರುತ್ತವೆ. ಇವುಗಳನ್ನು ಸರಿಯಾಗಿ ಅರ್ಥಮಾಡಿಕೊಳ್ಳುವುದು ಹಲವಾರು ಕನ್ನಡ ಹಿನ್ನಲೆ ವಕೀಲರಿಗೆ ಸವಾಲಾಗಿ ಪರಿಣಮಿಸುತ್ತದೆ.
ಸ್ವಚ್ಛಂದವಾಗಿ ಅಭಿವ್ಯಕ್ತಿಯ ಕೊರತೆ: ನ್ಯಾಯಾಲಯದಲ್ಲಿ ತ್ವರಿತವಾಗಿ ಮತ್ತು ನಿಖರವಾಗಿ ವಾದ ಮಂಡನೆ ಮಾಡಬೇಕಾಗುತ್ತದೆ. ಇಂಗ್ಲಿಷ್ನಲ್ಲಿ ನೈಜವಾಗಿ ತಮ್ಮ ಯುಕ್ತಿಗಳನ್ನು ಪ್ರಸ್ತಾಪಿಸುವಲ್ಲಿ ಬಹುತೆಕ ವಕೀಲರಿಗೆ ಆತ್ಮವಿಶ್ವಾಸದ ಕೊರತೆ ಉಂಟಾಗುತ್ತದೆ.
ಅನುಭವ ಮತ್ತು ಅಭ್ಯಾಸದ ಕೊರತೆ: ಇಂಗ್ಲಿಷ್ ಭಾಷೆಯ ವಾದ ಮಂಡನೆಗೆ ಬೇಕಾದ ತರಬೇತಿ ಅಥವಾ ಸಾಂದರ್ಭಿಕ ಬಳಕೆಯ ಅನುಭವ ಬಹುತೇಕ ಲಭ್ಯವಿರುವುದಿಲ್ಲ. ಹೀಗಾಗಿ ವಕೀಲರು ತಮ್ಮ ಕೌಶಲ್ಯವನ್ನು ತೋರಿಸಲು ಹಿನ್ನಡೆಯಾಗುತ್ತದೆ.
ವೈಚಾರಿಕ ಅಭಿವ್ಯಕ್ತಿ ಮೇಲೆ ಪರಿಣಾಮ: ಭಾಷಾ ಅಡಚಣೆ ಅವರ ತರ್ಕಬದ್ಧ ಚಿಂತನೆ ಮತ್ತು ಪರಿಣಾಮಕಾರಿಯಾದ ವಾದ ಮಂಡನೆಗೆ ಅಡೆತಡೆಯಾಗುತ್ತದೆ, ಇದರಿಂದ ನ್ಯಾಯ ಪಡೆಯುವ ಪ್ರಕ್ರಿಯೆ ಕೊಂಚ ಅಸಮರ್ಪಕವಾಗಬಹುದು.
ನ್ಯಾಯದ ವ್ಯವಸ್ಥೆಯಲ್ಲಿ ಭಾಷೆಯು ಅಡೆತಡೆಯಾಗಬಾರದು. ಕನ್ನಡ ಹಿನ್ನಲೆಯಲ್ಲಿ ಬಂದ ವಕೀಲರಿಗೆ ಇಂಗ್ಲಿಷ್ ಭಾಷಾ ತರಬೇತಿ, ಕಾನೂನು ಪದಗಳ ಕನ್ನಡ ಸಂಜ್ಞಾವಳಿ ಮತ್ತು ಅನುವಾದದ ಸಹಾಯ ನೀಡುವುದರಿಂದ ಈ ಅಡಚಣೆಯನ್ನು ಸಮರ್ಥವಾಗಿ ಪರಿಹರಿಸಬಹುದು.
Hon’ble Mr. Justice C M Poonacha celebrates his 51st birthday today.
Hon’ble Mr. Justice C M Poonacha: Born on 06th April 1974. Completed Law from University Law College, Bangalore and enrolled as an Advocate in October 1997.
Joined the chambers of Sri. S.K.V. Chalapathy, Senior Advocate and later his father Sri C. M. Monnappa, Advocate. Co-founded a law firm ‘Lexplexus’ in August 2001. Handled various matters before the District Courts, High Court of Karnataka and Supreme Court of India as well as before various Forums and Tribunals as also numerous Arbitration matters.
Represented various Government Entities, Banks, Insurance Companies and other institutions apart from private clientele. Empanelled with the Karnataka State Legal Services Authority, High Court of Karnataka since 2015.
Appointed as Addl. Government Advocate, High Court of Karnataka in August 2020.
Appointed as Additional Judge, High Court of Karnataka and taken oath on 13.06.2022.
Important Judgements delivered by Hon’ble Mr. Justice C M Poonacha.
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. https://www.dakshalegal.com/judgements/actionView/BJgIIOisX5GEQJ1VIQOeB6Lrz
Sale deed executed in violation of an order of injunction passed by a competent Court is unlawful under Section 23 of the Contract Act and the purchaser cannot claim any right or equity under the sale transaction. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/Q2uw7IaSqdK2fROn3UZm2nTPK
If majority of members of a Co-operative Society resign thus bringing strength below the quorum, then all other members shall be deemed to have vacated their office and fresh election shall be held to all the posts. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/n5eZNsiFHG0kOOV4bacNcTlku
Guardians and Wards Act. The custody of a minor child should be with the natural parents unless they are found unfit. While the child’s preference is a factor, the paramount consideration is their long-term welfare, emotional stability, financial security, and sibling bonding. Prior custody agreements can be revised based on changing circumstances. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/959e36a536bc750d75504b04
Hindu Law. Purchaser of a coparcenary share does not acquire title to any defined share in the property and is not entitled to joint possession. He can work out his rights only by a suit for partition and his right to possession would date from the date when a specific allotment is made in his favour. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/bc546255edc056252d6e8c45
Pursuant to the amendment introducing Rule 3A to Order 23 of the Civil Procedure Code, appeals against orders recording a compromise, as well as suits challenging the validity of a compromise, are no longer maintainable. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/69f29147e8db3d724262509f
Arbitration and Conciliation Act. District Court in a suit filed under Section 34 of the Act has only power either to confirm the order passed by the Arbitrator or set aside the order and remand the matter to the Arbitrator. The award cannot be modified. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/39f691724a3fb9eb52c77063
Section 92 of the CPC is for the purpose of proper administration of a trust and deals with its internal management. Suit filed against the third parties does not come within the purview of Section 92. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/0c1ea0b9521738c93499b7a7
An officer in-charge of a superior post is empowered to perform all functions, including statutory powers, and not merely routine administrative tasks. ARCS in charge of DRCS post can exercise all powers under the Karnataka Co-operative Societies Act. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/d907159a8def31b1cbaf2efe
Karnataka Co-Operative Societies Act. Certificate of award issued by the Registrar or his authorized representative is equivalent to a decree of a Civil Court and may be executed before the Civil Court accordingly. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/59d8ba11c7b7f7d545f68438
Notwithstanding its classification as agricultural land in official records, the market value of land situated within the municipal limits of a city corporation shall be taken into account for the purpose of determining court fees. Karnataka High Court. https://www.dakshalegal.com/judgements/actionView/9a45e08f99a55727c6f24d69
Hon’ble Mr. Justice V Srishananda celebrates his 59th birthday today.
Hon’ble Mr. Justice Vedavyasachar Srishananda: Born on 29.03.1966. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 04.05.2020 and Permanent Judge on 25.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice Srishananda.
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
Copyright Act. When once positive action is taken by the copyright holder of infringement, action under Section 60 challenging groundless threat of legal proceedings would no longer survive. Karnataka High Court.
Suit challenging a compromise decree passed before the Lok Adalath on the ground of fraud is not maintainable since the only remedy is to question the same under Article 226 and 227 of the Constitution of India. Karnataka High Court.
Plea of prior partition in a suit for partition is available only if all the necessary parties were included in the earlier partition. Karnataka High Court.
Income Tax Act 1961. Company ceasing to exist on the day of passing assessment order as a result of its merger under the approved scheme of amalgamation. Assessment order against such non-existent company is invalid. Karnataka High Court.
‘Acid attack is not only a crime against victim, but a crime against the entire civilized society. It is high time to deal with the acid attackers with iron hand.’ Karnataka High Court upholds life sentence to acid attacker.
Criminal Procedure Code. Section 267. Accused can NOT be detained by the jail authorities only on the basis of ”body warrant” without there being any detention order or judicial order. Karnataka High Court.
Public nuisance. Executive Magistrate must afford sufficient opportunities to the parties and record evidence and arrive at a legal finding that the action complained has resulted in nuisance to the general public at large. Karnataka High Court.
Bulk allotment of lands in favour of house building co-operative societies by BDA is valid and the society can seek permanent injunction on the basis of such bulk allotment. Karnataka High Court.
Statutory body using public money to indulge in frivolous litigation. Karnataka High Court imposes cost of Rs. 5 lakhs on the Bangalore Development Authority.
POCSO Act. Special Judge has no power to reduce minimum sentence of seven years for the penetrative sexual assault punishable under Section 4. Karnataka High Court.
Acceptance of ‘B’ report by the Magistrate cannot be reversed by the District Judge in revision without issuing notice to the defacto complainant. Karnataka High Court.
Protection of Women from Domestic Violence Act. Husband cannot be forced to keep both first and second wives in the same house. Karnataka High Court modifies trial court order.
Wills. Attesting witness is not just a ritualistic signer of a document. He is a key player in putting the plan of action of the testator into reality after the death of testator. Karnataka High Court.
Being physically handicapped by itself is not a favourable factor in considering the bail application of the accused when the gravity of the offence is serious in nature. Karnataka High Court.
POCSO Act. Undertaking by the accused that he would marry the victim girl if released on bail cannot be countenanced either to grant bail or to quash the proceedings. Karnataka High Court.
Initiation of criminal proceedings under the Karnataka Protection of Interest of Deposits in Financial Establishment Act against director of a company without preliminary enquiry is illegal. Karnataka High Court.
Anticipatory bail. Though Court can’t hold a mini trial on merits, usage of deadly weapon and attack on vital part of the body are factors to be considered to reject the petition. Karnataka High Court.
Violation of privacy. There is no requirement for the Police to take permission of the Magistrate to register the case under Section 66E of the Information Technology Act. Karnataka High Court.
Second marriage by Muslim woman without divorcing the first husband is ‘Batil’ and void-ab-initio. Children born out of such marriage are illegitimate with no right of succession. Karnataka High Court.
Summons to produce document or other thing under Section 91 of Cr.P.C. The power is not limited to the enquiry or investigation but it would also extend for trial. Karnataka High Court.
Motor vehicle accident. Criminal prosecution against subsequent purchaser cannot be launched unless the erstwhile owner gets his name removed from the RTO register and enters the name of the subsequent purchaser. Karnataka High Court.
Provisions of Order 41 Rule 27, production of additional evidence in Appellate Court, cannot be used to plug loopholes in the case of a party especially when such evidence was available earlier. Karnataka High Court.
A charge sheet is deemed to be filed within the statutory period if it bears the judicial endorsement of receipt within the prescribed timeframe, even if it is later processed by the court registry. The right to default bail is extinguished once the charge sheet is filed within the mandatory period. Karnataka High Court.
Negotiable Instruments Act. Once the issuance of a cheque is admitted, the presumption under Section 139 applies, and the burden shifts to the accused to prove the absence of liability. A legal notice sent to the correct address, if returned unclaimed, is deemed served under Section 27 of the General Clauses Act. Karnataka High Court.
Accused in prosecutions under Section 138 of the Negotiable Instruments Act should not be treated similarly to those convicted under other penal statutes. If the accused pays the entire cheque amount and fine, courts have the discretion to reduce or set aside the imprisonment sentence. Karnataka High Court.
Karnataka Rent Act. Cout has no power to extend the statutory five-year period granted to the legal representatives of an original tenant to vacate rented premises. Karnataka High Court.
When a tenant denies ownership of landlord, such tenant must vacate the premises and then establish his right or the contra title over the suit property and then take back possession of the property. Karnataka High Court.
Criminal appeal. When appellant’s counsel is absent, the appeal cannot be dismissed for default. The court must reassess the judgment on merits or provide legal assistance to the appellant. Karnataka High Court.
Karnataka Rent Act. There is a presumption in favour of landlord regarding his bonafide requirement, which needs to be rebutted by the tenant by cogent evidence. Karnataka High Court.
In the absence of rival claims the Magistrate shall release seized properties ensuring that the material objects would be available for identification during the trial. Karnataka High Court.
“Do not allow expensive and sophisticated goods to be damaged/ruined”. Karnataka High Court lays down guidelines for release of seized materials by the Police.
Drawing up of high-tension electricity lines on private lands. Writ Court cannot go into the technical aspects especially when the experts have drawn the route to cause as little damage as possible. Karnataka High Court.
Police cannot file FIR based on report of a private organisation or correspondence between government officers without there being independent evidence showing cognizable offence. Karnataka High Court.
A person who purchases the property in a Court auction would be purchasing such property free from all encumbrances including the tenancy claims. Karnataka High Court.
Proceedings before the Lok–Adalat are not judicial proceedings. Lok-Adalat cannot entertain applications where Judicial orders are required to be passed. Karnataka High Court.
Born on 28th March 1975 at Belgaum to Late Sreedharan who was serving in Airforce and Late Chandramati who was homemaker. Passed S.S.L.C. from Divine Providence Convent School, Belgaum in the year 1990. Awarded with Student of Indian Classical Dance and practised Bharatanatyam, Kathak and folk Dance forms since the age of 6 years and completed 2 exams in the field of dance. Obtained Bachelors Degree in Commerce from Gogte College of Commerce, Belgaum in the year 1996 and Law Degree from Raja Lakhamgouda Law College, Belgaum in the year 1999. Enrolled as an advocate on 31st July 1999. Practiced as an advocate from 1999 to 2000 in the chambers of Sri Ashok M. Potdar, Advocate at Belgaum and continued practice from 2000 to 2008 in the chambers of Sri G. Balakrishna Shastry, Advocate at Bangalore practiced before Hon’ble High Court. In 2008 established independent office and practiced as an advocate in High Court of Karnataka, Dharwad Bench. Appeared before Civil Court, Magistrate Courts, Administrative Tribunal, Appellate Tribunal, Land Tribunals, State Commission and District court. Practiced in the areas of Civil, Service, Land Laws and other allied laws. Appointed as Central Govt. Standing Counsel in March 2018. Sworn in as Additional Judge of the High Court of Karnataka on 08.11.2021 and as Permanent Judge on 21.09.2023.
Important judgments delivered by Hon’ble Mrs. Justice K S Hemalekha.
Arbitration & Conciliation Act. Even when limitation period to challenge arbitral award under Section 34 expired during closure/vacation of Courts, provisions of Section 4 of the Limitation Act cannot be invoked by the applicant. 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.
Where information obtained under the RTI Act is not challenged as regards its veracity, the source of information is irrelevant and cannot be excluded from consideration. 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.
Court can allow amendment of pleadings even after commencement of trial if it is satisfied that inspite of due diligence the party “could not have raised” the issue before commencement of the trial. Karnataka High Court.
Judges cannot maintain angelic silence when the court orders are violated with impunity. Karnataka High Court convicts husband who failed to pay maintenance to wife despite repeated court orders.
Preventive detention. Detaining authority cannot plead ignorance of representation by detainee. Non-consideration of the representation renders the detention illegal. Karnataka High Court.
Willful disobedience of the Court order to survey land of the aged/poor farmer. Karnataka High Court imposes cost of Rs. 3 lakhs recoverable from the Tahsildars responsible for the inaction.
Muslim couple enter into agreement to adopt unborn child of Hindu couple to overcome Muslim Law barrier. Karnataka High Court expresses shock while nixing the agreement.
Association providing recreational activities such as Rummy Card Games, Chess, Carom, Billiards/Snooker and other Skilled games only to its members is not required to obtain license under the Karnataka Police Act. Karnataka High Court.
Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.
“It is the duty of the Court to uphold and maintain the dignity of the Courts and Majesty of the law”. Karnataka High Court sends the contemnor to jail for selling property in gross violation of interim order.
Right to Information Act. Second appeal under Section 19(3) of the Act by the Public Information Officer is maintainable even in the event no first appeal is preferred under Section 19(1). Karnataka High Court reiterates.
Maintenance and Welfare of Parents and Senior Citizens Act. Transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor. Karnataka High Court reiterates.
Establishment of circuit Benches ensures speedy and qualitative justice to the needy citizens to their door steps and creates an opportunity to young advocates to excel in profession. Karnataka High Court.
When Civil Court has already dismissed suit for specific performance of sale agreement, the Registrar cannot order registration of the agreement under the Registration Act. Karnataka High Court.
Unconditional allotment of property under a partition will not attract the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.
Karnataka Court Fees and Suits Valuation Act. Agricultural land coming within municipal area shall be valued as urban land though it is not converted for non-agricultural purposes. Karnataka High Court.
Suit for declaration of the title based on fraud, coercion and misrepresentation shall be filed within three years from the date of registration known to the plaintiff or when the right to sue first accrues. Karnataka High Court.
Suit for partition based on amended Section 6 of the Hindu Succession Act. Plaint can be rejected in respect of a particular item of property which was already sold prior to coming into force of the amendment. Karnataka High Court.
Karnataka SC/ST and OBC (Reservation of Appointments) Rules. Only the Director of Civil Rights Enforcements can prosecute regarding fake caste certificate on the report submitted by the District Caste Verification Committee. Karnataka High Court.
Foreign Contribution (Regulation) Act. Mere possession of permanent registration does not permit recipient to get amounts credited to designated savings bank account. Karnataka High Court.
Pleas of title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced. Karnataka High Court.
Mere entry in the revenue records would not confer any title without there being a registered document conveying the title to the property. Karnataka High Court.
Adoption. Except the genitive parents, adoptive parents and the adoptive son, others have no locus standi to question the validity of the adoption deed. Karnataka High Court.
Transfer of immovable property by way of sale can only be by a deed of conveyance duly stamped and registered as required by law. No right, title or interest in the immovable property can be transferred by way unregistered document. Karnataka High Court.
Transferee under an agreement of sale cannot resist suit for possession when there is a failure on his part to bring a suit for specific performance of contract within the period of limitation. Karnataka High Court.
Employees State Insurance Act. Authorities cannot straightway issue garnishee order under Section 45G without affording an opportunity to the employer. Karnataka High Court.
Industrial Disputes Act. Employees who voluntarily retire from service having accepted benefits under voluntary retirement package cannot raise industrial dispute. Karnataka High Court.
Labour Law. Minor punishment imposed by the management cannot be interfered with by the Labour Court unless there is want of good faith, victimization, unfair labour practice and violation of principles of natural justice. Karnataka High Court.
Payment of Gratuity Act. Service rendered by an employee as daily wager before his regularisation shall also be taken into account for the purpose of calculating the gratuity. Karnataka High Court.
Though scope of an appeal is not allowed to be broadened at the instance of the parties, a party who has not filed appeal can be permitted to raise objections to the findings of the lower Court in the Court of appeal. Karnataka High Court.
Limitation Act. A suit for possession is not barred by limitation under Article 65 unless the defendant proves adverse possession by demonstrating clear, hostile, continuous, and exclusive possession. Mere long-standing possession with permissive origin does not confer ownership rights. A counter-claim for adverse possession requires strict proof, and failure to establish hostile animus leads to its rejection. Karnataka High Court.
Where father dies prior to coming into force of Hindu Succession Act, 1956, daughter cannot claim any right in the property of her father. Only widow can claim such right under the Hindu Women’s Right to Property Act, 1937. Karnataka High Court.
Urban Land (Ceiling and Regulation) Act. Merely recording the State’s name in revenue records does not constitute taking over possession from landowners. Actual/legal transfer of possession must be established. Karnataka High Court.
Upon receipt of an application under Order 41 Rule 27 of the CPC for acceptance of additional evidence, the appellate court is duty-bound to consider it on merits. Failure to do so renders the judgment unsustainable. Karnataka High Court.
Adoption of a married person having children. Children born after the adoption cannot claim right in the original family of their father since the father and the children born after the adoption are transplanted to the adoptive family. Karnataka High Court.
Hindu Law. When a married person having children is taken in adoption, children born before the adoption are not transplanted to the adopted family and continue to be the grandchildren in the original family. Their right to partition in that branch is not affected. Karnataka High Court.
Hyderabad Certain Inams Abolition Act does not impose a non-alienation period on lands granted under the Act. Consequently, reliance on other tenancy abolition enactments to cancel land transfers is not permissible. Karnataka High Court.
After the commencement of the Hindu Succession Act, undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30. Karnataka High Court examines the position prior to and after the Act.
Limitation Act. When plaintiff’s title is not in dispute and the plea of adverse possession fails, suit for possession based on title cannot be said to be barred by time under Section 65. Karnataka High Court.
Children born to second/void marriage are entitled to equal share in the self-acquired property of their father along with the children from the first marriage. Karnataka High Court.
Transfer of Property Act. In the case of an usufructuary mortgage there is no limitation to seek redemption. Right to seek redemption arises on the date when the mortgagor tenders mortgage money. Karnataka High Court.
Courts shall not adopt hyper-technical ground to dismiss suit for default. Past negligence is not a ground not to restore the suit. Karnataka High Court.
International workers of Indian origin and foreign origin cannot be brought under the purview of the Employees Provident Fund Scheme and the Employees Pension Scheme. Karnataka High Court.
Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. Karnataka High Court.
Hon’ble Mr. Chief Justice N V Anjaria celebrates his 60th birthday today.
Hon’ble Mr. Chief Justice N V Anjaria: Born on 23rd March, 1965 at Ahmedabad, Native Mandvi-Kachchh, From family of lawyers, Father was also in judiciary. Graduated from H.L.College of Commerce, Ahmedabad. LL.B from Sir L.A. Shah Law College in 1988. Obtained Masters Degree in Law in 1989 from University School of Law, Ahmedabad.
Started practice in the High Court of Gujarat from August 1988 by joining chamber of Shri S.N. Shelat, Senior Advocate. Conducted matters involving constitutional issue and all categories of civil cases, labour and service. Had been Standing Counsel / Panel Advocate for High Court and subordinate Courts, State Election Commission, Gujarat Information Commission, Gujarat Industrial Development Corporation, Municipalities, etc.
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).
Was awarded Research Fellowship in 1992 by Late Shri Navinchandra Desai Foundation, Ahmedabad on ‘Freedom of Speech and Expression – With Reference to Media’. Rendered service as Hon. Associate Editor, Gujarat Law Herald, also as Trained Mediator in the High Court Mediation Centre. Articles, write-ups etc. on Constitutional and legal subjects published in books, Law Journals etc., privileged to contribute write-up ‘High Court of Gujarat: Advent and Ascent’ in the Souvenir published under the aegis of High Court of Gujarat on the occasion of its Golden Jubilee Celebrations in April 2010.
His Lordship was elevated as Additional Judge, High Court of Gujarat on 21st November 2011 and confirmed as permanent Judge on 06.09.2013.
His Lordship took oath as The Chief Justice of High Court of Karnataka on 25.02.2024.
Important Judgements delivered by Hon’ble Mr. Chief Justice N V Anjaria.
SARFAESI Act and Rules. When bidder fails to deposit balance amount within the statutory period, forfeiture of the earnest money deposit is a statutory consequence which cannot be avoided by approaching the writ court. Karnataka High Court.
Registering petition under Section 95 of the IBC before the NCLT is purely administrative/ministerial act which cannot be questioned through a writ petition. 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.
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.
Karnataka Gram Swaraj and Panchayat Raj Act. Minor procedural flaws do not invalidate a no-confidence motion if the essential legal requirements are met. A distinction exists between illegality, which violates a fundamental principle of law, and irregularity, which involves a deviation from established procedures that can be remedied. Karnataka High Court.
MMDR Act, 1957 and the Forest (Conservation) Act, 1980. Mining operations in forest land require a valid Forest Clearance which vests in the new lessee only for two years post-auction. Upon expiry, fresh clearance is mandatory, and failure to obtain it justifies cessation of mining operations by the authorities. Karnataka High Court.
When parties enter into a new agreement that replaces or novates a prior contract, the arbitration clause in the original agreement ceases to exist. Karnataka High Court.
”The right to health, including protection from preventable diseases, is part of the fundamental right to life under Article 21. The State and municipal authorities must take proactive measures to prevent outbreaks, and judicial intervention may be necessary if they fail to do so”. Karnataka High Court in suo motu PIL.
PTCL Act. A claim for restitution of granted lands must be pursued within a reasonable time. Although the PTCL Act does not prescribe a limitation period, claims made after an unreasonably long delay are barred by the doctrine of laches. Karnataka High Court.
Natural Justice. Penalty order must not travel beyond the bounds of the show cause notice. Any additional grounds or allegations included in the final order that were not part of the notice render the action unlawful. Karnataka High Court.
An appointee appointed with condition that he would hold the office at the pleasure of the government would remain on the post at such pleasure. Nominated member of a government body cannot claim vested right to continue. Karnataka High Court.
Karnataka Municipal Corporations Act. Time limit for reopening the assessment by the Commissioner, which is otherwise not provided or in respect of which the statute is silent, to be one year. Karnataka High Court.
Maintenance and Welfare of Parents and Senior Citizens Act. Appeal under Section 16 of the Act can be filed solely by senior citizens or parents, excluding all others, including children and transferee. Karnataka High Court.
Minimum Wages Act. Notification under Section 5(1) though a subordinate legislative piece, precedes the statutory process and must be informed by compliance of principles of natural justice by giving the party interested a hearing. Karnataka High Court.
Minimum Wages Act. Employers and Employers Association have interest in the matter of fixation of minimum wages. Notification under the Act cannot be challenged without making employers/association as parties to the writ petition. Karnataka High Court.
National Green Tribunal cannot impose environment compensation without following the principles of natural justice and without affording an opportunity to the persons/entity to defend. Karnataka High Court.
‘’The function of the court ends where the realm of legislature starts’’. Writ Court cannot issue mandamus mandating investigating officer in criminal case to sign on each page of the Court Diary. Karnataka High Court.
Hon’ble Mr. Justice M. Nagaprasanna celebrates his 54th birthday today.
Hon’ble Mr. Justice M. Nagaprasanna: Born on 23.03.1971. Appointed as Additional Judge of the High Court of Karnataka and taken oath on 26.11.2019 and Permanent Judge on 08.09.2021.
Important Judgments delivered by Hon’ble Mr. Justice M. Nagaprasanna.
Service Law. Employee of a Gram Panchayat cannot be removed on acts of misconduct without enquiry. Karnataka High Court.
“It is better to wear out; than rust out’. Gender neutral provision i.e. Section 24 of the Hindu Marriage Act cannot be used by lethargic husband to seek maintenance from wife. Karnataka High Court.
Karnataka SC ST PTCL Act. Conversion and sale of granted land by original grantee after prohibition period. Conversion amounts to deemed permission. Sale is valid. Karnataka High Court.
Public procurement cannot be frustrated due to delay in disposing the appeals by the Appellate Authority. Karnataka High Court stresses the need for speedy disposal.
Industrial Disputes Act 1947. Section 17B. Payment of full wages to workman pending proceedings in higher Courts is not absolute especially when relation of employer and employee is in serious dispute. Karnataka High Court.
Payment of Gratuity Act 1972. Payment of gratuity would NOT depend upon an application being made by the employee. Employer is duty bound to dispense gratuity immediately after cessation of service of an employee. Karnataka High Court.
‘’Pension is trite, not a bounty’’. In genuine cases where pensioners are unable to visit up to the Bank, it is the duty of the Bank officers to visit those persons and take Life Certificate and update them on the system. Karnataka High Court.
‘To err is human. Infallibility is unknown to humanity.’ Mistake in mentioning caste status shall not result in loss of employment. Karnataka High Court.
Karnataka High Court quashes imposition of Ground rent, License fee, Scrutiny fee and Lake Rejuvenation fee by Bruhat Bangalore Mahanagara Palike as without jurisdiction and ultravires.
Karnataka Cooperative Societies Act. Person seeking employment, who has not yet become employee of the Co-operative Society, need not raise dispute under Section 70. Writ Petition is maintainable. Karnataka High Court.
‘It’s high time the haves stop despoiling the rights of have-nots; the haves, I mean, those who have power.’ Karnataka High Court restores property to the widow of the manual scavenger, which was illegally snatched by the statutory authority.
“Law abhors Statelessness of children”. Karnataka High Court comes to the rescue of minor child who lost Indian citizenship after the mother renounced Indian citizenship. Directs issuance of passport till the child attains majority.
“Section 12 is the salt of the statute; if by delay the salt would lose its savour; the statute would lose its flavour”. Karnataka High Court issues directions for speedy disposal of applications under the Protection of Women from Domestic Violence Act.
Criminal Procedure Code. Court trying criminal case has no power to impound passport of accused since impounding of passport can be done only under the Passports Act, 1967. Karnataka High Court.
Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.
Externment under the Karnataka Police Act. Authorities must remember that what is being taken away from the citizen is a fundamental right. Reasonable opportunity mandated under the Act must be followed. Karnataka High Court.
“Disqualification of a tenderer or termination of contract can happen only in tune with clauses of the tender”. Karnataka High Court orders restoration of tender which was recalled arbitrarily.
There can be no criminal liability against landlord if the tenanted premises is used for immoral trafficking without his knowledge. Karnataka High Court.
Merely because charge sheet did not accompany FSL report, accused cannot contend that he is entitled for bail especially when Police report with necessary details is filed within time. Karnataka High Court.
Period spent by an accused pursuant to a body warrant must be counted for the purpose of default bail under Section 167(2) Cr.P.C. Karnataka High Court.
Criminal proceedings against public servant for defamation cannot be initiated without prior sanction under Section 197 of the Cr.P.C. Karnataka High Court.
A woman accused is entitled to bail even in a murder case under the first proviso to Section 437(1)(ii) Cr.P.C, when the accused has no grave criminal antecedents. Karnataka High Court.
”Bald and imaginary allegations do not constitute foundation for criminal offences”. Karnataka High Court quashes criminal proceedings by wife against the entire family of the husband.
Wife filing complaint under Section 498A, IPC simultaneously or immediately after husband issuing a notice for divorce will not and can by no stretch of imagination result in the complaint rendering itself insignificant. Karnataka High Court.
Second petition under Section 482 Cr.P.C to quash criminal proceedings is maintainable only in exceptional cases where there are changed circumstances. Karnataka High Court.
Power of attorney holder of an accused in a criminal case cannot maintain a Petition be it under Article 226 or 227 of the Constitution of India or Criminal Petition under Section 482 Cr.P.C. Karnataka High Court.
Pure official communication between two people does not amount to ‘publication’ within the meaning of Section 499 IPC to constitute the offence of defamation. Karnataka High Court.
To constitute offence under the SC /ST (Prevention of Atrocities) Act, hurling of abuse must be in in a public place or in a place of public view. Karnataka High Court.
Causing death by negligence. Section 304A, IPC. Architect who designed the house cannot be prosecuted for death of construction worker in on-site accident. Karnataka High Court.
Interim compensation in cheque bounce cases. Magistrate can award compensation ranging from 1% to 20% in a cautious manner and after recording the reasons. Karnataka High Court.
Criminal Law. Doctrine of sameness does not apply when the complainants are different and there is no certainty of time and period. Karnataka High Court.
Cheque bounce case. Directors/Chairman of a company cannot claim that they are not privy to the transaction between the accused and the complainant when the complaint clearly narrates their role in the transaction. Karnataka High Court.
Mere breach of a development agreement cannot be made use of by the prospective purchaser to set criminal law in motion alleging criminal breach of trust. Karnataka High Court.
Special Power of Attorney holder who is aware of the transaction can initiate proceedings under Section 138 of the Negotiable Instruments Act. Karnataka High Court.
IPC. Section 304B. Wife committing suicide even after two years of leaving the matrimonial house can in certain circumstances come within the meaning of ‘soon before death’ since it would be a matter of evidence. Karnataka High Court.
Setting the criminal law in motion for recovery of disputed money is not what criminal law should be used for as it would amount to misuse of criminal law as a shortcut to seek recovery of money. Karnataka High Court.
“ACB blissfully ignored the ABC of procedure’’. Karnataka High Court quashes criminal proceedings initiated pursuant to casual act of drawing up source information report, registering FIR and conducting the search by the Anti-Corruption Bureau.
Employee of Karnataka Milk Federation is ‘public servant’ under the Prevention of Corruption Act, 1998. Karnataka High Court upholds criminal prosecution against General Manager of Nandini Milk Products.
Bank cannot initiate criminal proceedings alleging loan fraud when borrower’s declaration as ‘willful defaulter’ is stayed by Court. Karnataka High Court.
A teacher is the lamp of knowledge who moulds the life of children. State must stop appointing teachers on contract basis through outsourced agencies by process of inviting tender. Karnataka High Court.
Look Out Notice. An accused who is enlarged on bail should be made known as to why his travel is being interrupted. He must be served with copy of Look Out Notice. Karnataka High Court.
“Fair trial includes fair investigation which is part of Article 20 and 21 of the Constitution of India.’’ Taking note of utter failure of the Police to deal with powerful accused, Karnataka High Court refers murder case to CBI for further investigation.
If a document having direct nexus with Court proceeding is fabricated outside Court and produced later in Court proceeding, inquiry under Section 340 Cr.P.C can be initiated for the offence punishable under Section 195 IPC. Karnataka High Court.
Maximum period seized gold bullion/gold ornaments could be held is 15 days or one month and later interim custody should be handed over to the victim/complainant/applicant. Karnataka High Court.
Public procurement cannot be frustrated due to delay in disposing the appeals by the Appellate Authority. Karnataka High Court stresses the need for speedy disposal.
Collision in high seas. Provisions of the IPC apply even when the ship is flagged outside India and the flag ship does not come within the territory of India so long as the accident takes place within Exclusive Economic Zone. Karnataka High Court.
Standing Counsel of a statutory body cannot be booked for cheating for the adverse Court orders. Karnataka High Court admonishes the Registrar of RGUHS.
Karnataka Societies Registration Act. Pre-registration acts cannot be considered for the purpose of invoking Section 27 since the Act makes acts to be unlawful activity only after the registration of the Society. Karnataka High Court.
N.I.Act. Where there are clear averments in statutory notice and complaint about the role of the directors and their responsibility, proceedings cannot be quashed merely on the plea that they had no direct role in the transaction. Karnataka High Court.
District Registrar has no power under Section 25 of the Karnataka Societies Registration Act to decide the validity of elections held in a Society. Karnataka High Court.
Notification declaring the organisation to be unlawful with immediate effect contains sufficient reasons. Karnataka High Court rejects the challenge to the ban of Popular Front of India.
Increasing litigation in public distribution system. “Stop indiscriminate allotment of fair price shops or discriminate distribution of cards”. Karnataka High Court.
Administrative Law. If a show cause notice is for a particular purpose and the party replies for that particular purpose, the authorities cannot pass order on something more to which the party had no notice. Karnataka High Court.
Real Estate (Regulation and Development) Act does not apply to completed projects or to which completion certificate is issued and hence the Authority has no power to deal with complaints in respect of such projects. Karnataka High Court.
Karnataka SC ST PTCL Act. Repeated sale by grantee constitutes offence of cheating under Section 420 IPC. Such person is not entitled to seek restoration of the granted land and also to retain the consideration received by him. Karnataka High Court.
“Registration of an FIR on a cognizable offence on a reference being made by the Magistrate under Section 156(3) of the Cr.P.C. is imperative.” Karnataka High Court orders enquiry against the delinquent Police Officer.
Cancellation of tender after tender process got concluded, award being notified, and contract being signed amounts to arbitrary exercise of power and violative of tenets of Article 14 of the Constitution of India. Karnataka High Court.
“When the State or its agents fear the people there is LIBERTY; when the people fear the State or its agents, there is TYRANNY”. Karnataka High Court awards Rs. 3 lakhs compensation to Advocate who was illegally arrested and tortured by the Police.
Allegation of corruption charges against officers of the Tender Scrutiny Committee cannot result in cancellation of a valid tender. Karnataka High Court.
Public employment. Caste and income of the parents of the applicant and not that of her husband should be taken into consideration. Karnataka High Court.
Architects Act, 1972. Karnataka High Court directs Union of India to notify criteria for nomination of Members of the Council qua the qualification and experience which would become binding on every State Government.
‘Proliferation of mobile loan apps haunts gullible customers’. Karnataka High Court rejects the challenge against freezing of the Chinese company account under the Prevention of Money Laundering Act, 2002.
Grant of conversion from agriculture to non-agricultural purposes under the KLR Act does NOT amount to change of land use under Section 14A of the KTCP Act. Karnataka High Court.
Execution Court cannot mechanically issue notice on application of third party claiming right over the property in execution. Karnataka High Court dismisses frivolous claim by imposing cost of Rs. 2 lakhs. Karnataka High Court.
Agency of the Life Insurance Corporation cannot be terminated without strictly following the Regulations. Karnataka High Court restores the agency with consequential benefits.
Consensual and longtime sexual relationship cannot be given the colour of rape simply because the promise of marriage could not be fulfilled by the accused. Karnataka High Court.
Foreign citizen pretending to be Indian citizen to avail educational benefits is reprehensible. Karnataka High Court orders issuance of exit permit subject to payment fee payable by NRI for the entire course.
Arbitration and Conciliation Act, 1996. Writ petition challenging interlocutory order of the Arbitrator is not maintainable. The Act defers the remedy till the stage of section 34. Karnataka High Court.
“Consider & dispose applications for premature release of life convicts without any loss of time. Committee meetings to be held once in two months.” Karnataka High Court orders grant of parole to the convict till his application is disposed.
“If Government wants to curb corruption, such intention should be reflected in swift action.” Competent Authority must pass orders on the requisitions for sanction to prosecute public servant within the outer limit of six months. Karnataka High Court.
If a person has no role to play in the entire loan transaction with the bank, issuance of Look Out Circular against him cannot be justified. Karnataka High Court.
Order XVIII Rule 17 of CPC. To recall the witness, there should be demonstrable bonafides in filing applications and the application should be filed without any delay. Karnataka High Court.
E-Auction. Court cannot telescope its imagination into the intricate details of conduct of e-auction since it does not possess expertise to sit in the armchair of experts. Karnataka High Court.
Grant of Indian citizenship under the Citizenship Act, 1955. Mere surrender of foreign passport does not amount to renunciation of foreign citizenship. Karnataka High Court rejects the plea of minor children of Indian citizen holding Pakistan citizenship.
“Keep your house in order so that common man does not bear the brunt of unnecessary litigation.” Karnataka High Court orders grant of interest to HUF in the Post Office Public Provident Fund Scheme deposit.
“Don’t reduce the fundamental right of children under Article 21-A of the Constitution of India, to a “mere rope of sand”. Karnataka High Court directs the Govt to identify land and rebuild Government School.
Insolvency and Bankruptcy Code, 2016. Tribunal has no jurisdiction to entertain any issue arising out of any statutory requirement and it cannot exercise jurisdiction over matters de hors insolvency proceedings. Karnataka High Court.
“Facilitating Woman who plays the God”. Karnataka High Court evolves Genetic Test, Physical Test and Economic Test while directing Surrogacy Board to consider application of man who crossed 55 years age bar.
“In our criminal justice system, it is not the end result of the proceedings, that is agonizing, it is the rigmarole of proceedings which by itself can become a punishment.”. Karnataka High Court quashes proceedings against person dragged in POCSO case.
Karnataka High Court repels the challenge to constitutional validity of Section 37A of the Foreign Exchange Management Act based on manifest arbitrariness.
Prevention of Corruption Act. Sanction for prosecution is necessary in respect of retired public servant when the allegations levelled him are the ones in discharge of his official duties while he was in service since. Karnataka High Court.
Lands earmarked in the Master Plan for minor or major roads, State or National highways would not lapse if they are not acquired within five years. Planning Authority has a right to hold on to the lands in terms of KTCP Act. Karnataka High Court.
POCSO Act. Reporting of offences under the Act, particularly by doctors, requires strict compliance failing which the very object of the Act would be defeated. Karnataka High Court.
Disputes arising out of contract of employment do not fall within the jurisdiction of the commercial court under the Commercial Courts Act, 2015. Karnataka High Court.
‘’Breach of contract between the protagonists in the agreements cannot be the subject matter to set the criminal law into motion’’. Karnataka High Court quashes criminal proceedings initiated by partner alleging breach of the partnership.
‘Unless the offences are found prima facie, criminal proceedings in matrimonial cases should not be permitted to continue’. Karnataka High Court quashes proceedings against husband who refused to consummate marriage following Bramhakumari preaching.
To constitute the offence of abetment to commit suicide, the instigation should be of the kind that it drives a person to commit suicide. Instigation should be proximate to the occurrence of death. Karnataka High Court.
Courts exercising power under Section 482, Cr.P.C. should not interfere if the case involves disputed questions of fact as the Court won’t become a fact-finding authority at the stage of crime or analysis of the charge sheet. Karnataka High Court.
KathaSangam of Corruption. “It is high time the menace of corruption is nipped in the bud by making the bribe giver susceptible for prosecution like the bribe taker”. Karnataka High Court rejects plea of accused in Madal Virupakshappa case.
Cheque bounce case. An independent non-executive director, who is not aware of day-to-day affairs of the company, cannot be held liable under the N.I. Act. Karnataka High Court.
Advocates have a right to appear before the Deputy Commissioner in the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Karnataka High Court.
“Sexual harassment of law intern has a chilling effect on the entire legal profession”. Karnataka High Court refuses to quash criminal proceedings against Advocate.
“Proceeding under the IPC is the flesh and the proceeding under the PMLA is the blood.” Provisional attachment under the PMLA shall be suspended when the predicate offence proceedings under the IPC are stayed by the Court. Karnataka High Court.
Disaster Management Act, 2005. No prosecution can be launched for the offence under Section 51, (Punishment for obstruction, etc), without first issuing notice to the person against whom complaint is said to be made. Karnataka High Court.https://www.dakshalegal.com/judgements/actionView/cRfqTqPHeoZPgT7Y3wZWsVYOa
Section 319 Cr.P.C. Power to proceed against other persons appearing to be guilty of offence. Karnataka High Court upholds summoning of the Senior Sub-Registrar for the alleged fraud in the registration of gift deeds.
Cheque Dishonor. When the signatory to the cheque was a sole proprietor of a firm, on his death, the liability would not move upon the legal heirs of such sole proprietor. Karnataka High Court.
Collection of Statistics Act, 2008. Conviction for neglect or refusal to supply particulars under Section 15 (1) will not absolve furnishing data. Second complaint under Section 15 (2) does not amount to double jeopardy. Karnataka High Court.
When company was not made party to the criminal proceedings and there is material to proceed against the company, summoning of the company under Section 319 of the CrPC. cannot be questioned. Karnataka High Court.
Woman seeking relationships with people on social media platforms and after prolonged consensual sexual relationship, registering crimes alleging rape; such conduct amounts to abuse of process of law. Karnataka High Court.
Karnataka Police Act. Externment takes away fundamental right and shall not to be passed as a matter of course but to be resorted in extraordinary circumstances and meet Article 19 (5) of the Constitution of India. Karnataka High Court.
Where the allegations in the FIR are absurd, inherently improbable, manifestly attended with mala fides or is maliciously instituted with a view to spite the accused, such proceedings should be quashed. Karnataka High Court.
“Set your house in order’’. Karnataka High Court lambasts at the lackadaisical attitude on the part of the Karnataka Lokayukta in completing investigations under the Prevention of Corruption Act in time.
‘’Even on a money claim, the Writ would be maintainable, if the action of the State smacks arbitrariness’’. Karnataka High Court directs Bank to refund sale consideration arising out of a fraudulent auction sale.
No Court can take cognizance of the offence against a public servant without a valid sanction from the hands of the competent authority placed before the concerned Court, by the Investigating Officer. Karnataka High Court.
”It has become a habit to lay Sections 504 and 506, IPC in every offence merely because they are non-cognizable and the criminal cases are filed on glorified trivialities between husband and wife”. Karnataka High Court while quashing criminal proceeding.
When earlier suit is dismissed for default, the same acts as resjudicata for the subsequent suit on the same cause of action. Plaintiff cannot contend that he has no duty to disclose dismissal of the earlier suit. Karnataka High Court.
After taking cognizance, it is impermissible for the Magistrate to take cognizance again for the offence that had already been taken cognizance. Karnataka High Court quashes proceedings under the Protection of Wildlife Act.
Negotiable Instruments Act. Death of the drawer of the cheque cannot and will not efface the offence when the cheque is issued on behalf of the Company. Karnataka High Court.
Traffic Police accepting bribe to let vehicles ply against the regulation amounts to demand and acceptance. Such cases would not require approval under Section 17A of the Prevention of Corruption Act. Karnataka High Court.
Police officers causing traffic congestion in the city of Bangalore by accepting bribe and letting vehicles to ply against regulation is a serious crime. Government shall deal with iron hand. Karnataka High Court.
Surrogacy. Couple having a medical condition that becomes impossible for the woman to conceive can opt for surrogacy by a gamete which is that of the woman not genetically related to the intending couple. Karnataka High Court.
‘’Temples are symbols of unity and inclusivity’’. Karnataka High Court condemns denial of rights of temple entry and worship to persons belonging to scheduled castes and scheduled tribes. Karnataka High Court.
Railway Services Pension Rules. Second wife of deceased employee is also entitled for equal pension along with the legally wedded first wife. Karnataka High Court.
Prevention of Corruption Act. Alleged demand and acceptance of bribe by son on behalf of his father does not render the father culpable. Karnataka High Court quashes proceedings against ex MLA Madal Virupakshappa.
Karnataka Hindu Religious Institutions and Charitable Endowments Act. Term of the Managing Committee commences from the date of its constitution and not from the first meeting to elect the Chairman. Karnataka High Court.
SARFAESI Act as amended. Once the sale notice is issued, right to redeem mortgaged property by the borrower is lost and the right of enforcement of security interest by the Bank is absolute. Karnataka High Court.
‘Policies which are in the realm of regulatory, economic and quality cannot be interfered by a Writ Court’. Karnataka High Court upholds quality control policy on import of plastic into the shores of the nation.
Karnataka Industrial Areas Development Act. Allottee of an industrial plot who fails to make full payment as per terms of the allotment cannot insist on issuance of show cause notice before cancellation of the allotment. Karnataka High Court.
“Governments may come and Governments may go, the Writ of Constitutional Courts would run and run for all times to come.’’ Karnataka High Court while quashing Govt notification de-notifying committee members of Ramachandrapura Math.
Arms Act. Deputy Commissioner cannot sit over application of Arms license holder to add or delete Arms. Karnataka High Court allows plea of licensee under the ‘Renowned Shooter’ category to possess 10 arms and 1 lakh ammunition.
Test. The Commissioner of Police has the authority to transfer an investigation within the same jurisdiction under Section 36 Cr.P.C. A petition under Section 482 Cr.P.C. for quashing a criminal case involving serious charges like Section 302 IPC should not be entertained when prima facie evidence exists. Statements recorded under Section 164 Cr.P.C. carry evidentiary value and must be tested in trial. Mere absence of dowry demand does not negate cruelty under Section 498A IPC. Karnataka High Court.
An FIR cannot be quashed at the investigation stage merely on the ground of political vendetta if the allegations disclose a cognizable offense. Karnataka High Court.
The Karnataka Victim Compensation Scheme applies only to victims of crimes requiring rehabilitation and explicitly excludes compensation for road accident victims covered under the Motor Vehicles Act. Karnataka High Court.
Cruelty under Section 498A IPC is not confined to dowry-related demands but includes any form of harassment or abuse that causes physical or mental harm to the woman. Criminal proceedings cannot be quashed merely because the dowry charges were dropped. Karnataka High Court.
Power to record additional evidence under Section 391 of the Cr.P.C. should be exercised only when the party making such request was prevented from presenting the said evidence in the trial, despite due diligence. Once a request for additional evidence is rejected at the trial stage, the same relief cannot be sought at the appellate stage. Karnataka High Court.
State Tax Officers under the KGST Act are cross-empowered under the IGST Act to act as proper officers without the need for a separate notification unless explicitly excluded by the Government of India. In GST-related disputes, alternative remedy under Section 107 of the KGST Act must be exhausted unless there is a jurisdictional challenge. Karnataka High Court.
A Disciplinary Authority cannot withhold 100% of pension and gratuity unless legally justified. Arbitrary withholding of pensionary benefits violates fundamental rights and entitles the petitioner to full restoration with interest. Karnataka High Court.
The State Government cannot unilaterally transfer staff in aided institutions without consultation. Section 133 of the Karnataka Education Act does not override this requirement. Withholding salaries to enforce compliance violates Article 23 of the Constitution and constitutes forced labor. Karnataka High Court.
A long-serving temporary employee working in a sanctioned vacant post cannot be denied regularization based on procedural technicalities, especially when barred from direct recruitment due to age restrictions. Arbitrary denial of regularization violates Articles 14 and 16 of the Constitution, and courts can issue mandamus to ensure fair employment practices. Karnataka High Court.
‘’State practising exploitation of human labour should by judicial orders, be curbed’’. Karnataka High Court orders regularisation of employees who worked for three decades without being regularised.
Disciplinary proceeding initiated after inordinate and unexplained delay stands vitiated due to prejudice caused to the employee. Further, when multiple employees are involved in the same misconduct, the penalty imposed must be proportionate and maintain parity. Karnataka High Court.
Dowry harassment leading to suicide. Even if the deceased’s note does not explicitly blame anyone, if the circumstances surrounding the death suggest prima facie evidence of guilt, the criminal case cannot be quashed. Karnataka High Court.
“Just because a man and woman have had consensual sex, it doesn’t give the man a free pass to assault the woman’’. Karnataka High Court refuses to quash criminal proceedings terming the case as ‘gross misogynist brutality’.
Whether the legislators are immune from criminal prosecution for the alleged offences committed inside the House? Karnataka High Court to consider the issue.
Service Law. Administrative exigency may justify employee transfers, as it’s an inherent aspect of service. However, such transfers must comply with the statute and guidelines. Any violation is unacceptable and unsustainable. Karnataka High Court.
“You spend crores of rupees elsewhere and take preposterous plea of financial constraints when it comes to education of the poor”. Karnataka High Court quashes Government notification that reduced education assistance to children of construction workers.
Merely designating private land as a forest under forest legislation does not automatically convert it into government land or a reserved forest. Karnataka High Court.
Pardon. Application under Section 306 of the Cr.P.C. is akin to seeking enlargement on bail, where a second application would be maintainable, but only on changed circumstances. Karnataka High Court.
When an offence is punishable up to ten years, the threshold punishment being less than ten years, the police custody can only be for forty days. Section 187 of BNSS in comparison to Section 167 of the Cr.P.C. has not brought any changes. Karnataka High Court.
Pardon. Co-accused has a right to question the order granting pardon under Section 306 of the Cr.P.C., only insofar as it pertains to procedural aberration and not on its merits. Karnataka High Court.
Application for pardon under Section 306 Cr.P.C cannot be considered once the trial has commenced and the matter is committed to the Court of Sessions/Special Court. Karnataka High Court.
“Complainant projects a huge hocus-pocus, but alas, he has no locus’’. Karnataka High Court quashes criminal proceedings against Naleen Kumar Kateel in the alleged ‘’Extortion by Electoral Bonds’’ case.
Cybercrimes and online frauds have completely changed the conventional acts of robbery and dacoity. Courts should exercise caution when considering the quashing of such criminal cases and should allow a proper trial to take place. Karnataka High Court.
Information of grounds of arrest under Section 50 of the Cr.P.C., must be followed and must be indicated to every accused who is to be arrested even for the offences under the Indian Penal Code. Karnataka High Court.
“You played with lives of poor home buyers.’’. Karnataka High Court rejects challenge to criminal proceedings against developers who received huge advance amounts and failed to honor the commitment.
Negotiable Instruments Act. Partners who have retired from the partnership firm before the issuance of the cheque cannot be prosecuted for an offence punishable under Section 138 unless their involvement even after the retirement is shown. Karnataka High Court.
“Application of mind that is necessary in law and not application of ink’’. Order sanctioning prosecution in non-cognizable offence must be preceded by application of mind by the Magistrate. Karnataka High Court reiterates.
Pension is a property under Article 300-A of the Constitution and it constitutes a fundamental right to livelihood under Article 21. Karnataka High Court.
Mere breach of promise to marry is different from false promise to marry. Consensual sex in the first case cannot be called rape. Sexual relation with false promise, given in bad faith and with no intention of being adhered to at the time it was given amounts to rape. Karnataka High Court.
Banking Companies (Acquisition and Transfer of Undertakings) Act. Power of the Reserve Bank of India to give directions does not empower banks to seek entrustment of investigation in any crime, to the hands of any particular agency like CBI. 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.
N.I.Act. Filing a civil suit for recovery of cheque amount will not bar complaint for the offence under Section 138, though both spring from the same cause of action. Karnataka High Court.
Authorities cannot keep application for renewal of registration of the medical establishment in cold storage and then initiate criminal prosecution for non-registration. Karnataka High Court prescribes time-limit.
Mere change of counsel is not a ground to recall the witness under Section 311 Cr.P.C. Recalling of witnesses should not be permitted at the fag end of the trial. Karnataka High Court.
“Alleged acts of the petitioner depict wanton lust, depravity of senses, and has a chilling effect down the spine of the society”. Karnataka High Court rejects bail plea of Prajwal Revenna, ex MP in rape case.
Shifting of under-trial prisoners from one jail to another cannot be at the whim and fancy of the prosecution and such orders when sought, the learned Magistrates ought to apply their mind. Karnataka High Court.
Raising religious slogans near a place of worship belonging to another faith does not constitute ‘outraging religious feelings’ under Section 295-A of the Indian Penal Code. Karnataka High Court.
‘’Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord.’’ Karnataka High Court quashes criminal proceedings initiated under Section 153 IPC for shouting pro-India slogans and taking the name of PM Narendra Modi.
’Withholding of evidence in defence would undoubtedly defeat the voyage towards discovery of truth in a criminal trial.’’. Karnataka High Court permits playing video footage in criminal trial as ‘previous statement’ on the day of the crime.
Accused who breaches settlement agreement in a cheque dishonour case cannot be allowed to go scot-free on hyper-technical grounds without adhering to the conditions of the settlement. Karnataka High Court.
Negotiable Instruments Act. Accused who breaches settlement agreement to pay cheque amount cannot later take the contention that the original complaint was defective for not making company a party. Karnataka High Court.
”The Writing Is On The Wall – that acts of sexual violence against women must be dealt with sternly”. Karnataka High Court rejects plea of man booked for writing a woman’s phone number on the toilet wall with the prefix ‘Call Girl’.
”Consensual relationship is not a license for a man to cause bodily injury to a woman”. Karnataka High Court rejects the plea challenging criminal proceedings under Section 323 IPC while quashing rape charges.
‘Breach of marriage engagement’ cannot be construed as ‘false promise to marry’. Sexual intercourse after engagement cannot be termed as rape when the engagement is breached. Karnataka High Court.
Maintenance and Welfare of Parents and Senior Citizens Act. Assistant Commissioner has no jurisdiction to annul gift deed if there are no recitals in the gift deed to maintain the donor. Karnataka High Court.
Coram Non-Judice. If Caste Certificate is cancelled by Tahsildar on the direction of Deputy Commissioner, appeal against such order to the Assistant Commissioner is not maintainable on the principle of coram non-judice. Karnataka High Court.
‘’Compulsory rural service from medical graduates cannot be enforced without publishing the notification in the Gazette’’. Karnataka High Court declares pre-notification bonds from the doctors unenforceable.
Medical graduates who are the beneficiaries of the welfare of the State like Government seat etc have obligation of rural service to make the Society ‘’Egalitarian’’ resulting in an ‘’Utopian Land’’. Karnataka High Court.
Sub-Registrar cannot refuse registration of Sale Certificate issued pursuant to public auction on the ground that Income Tax dues are pending against the borrower. Karnataka High Court.
NCLT cannot entertain petition under Section 95 IBC when personal guarantee of the corporate guarantor is already waived. High Court can entertain plea challenging the proceedings. Karnataka High Court.
Guardian and Ward’s Act. Residence of father or mother does not determine jurisdiction of Courts. ‘’Ordinarily resides’’ under Section 9 has to be construed accordingly. Karnataka High Court.
Insolvency and Bankruptcy Code. Resolution Professional has to be independent and his action should be just and fair. Karnataka High Court castigates Resolution Professional for his biased actions.
Insolvency and Bankruptcy Code. Suspended directors have right to participate in the resolution proceedings denial of which results in annulment of the entire resolution process. Karnataka High Court.
Water Supply and Sewerage Board cannot levy impost fee/charge as a condition to issue ‘No Objection Certificate’ to a proposed residential building in the absence of ‘quid pro quo’. Karnataka High Court.
Petition against a partnership firm or its directors is not maintainable under Section 95 of the Insolvency and Bankruptcy Code. Karnataka High Court quashes registration of the petition before the NCLT.
Disputes arising out of a joint development agreement or sharing agreement cannot be converted into criminal proceedings invoking Section 420 IPC. Karnataka High Court.
Municipal Corporation cannot demand arrears of property tax as a condition for transfer of khata since property tax can be demanded only after entry of name of the owner in the Tax Payment Register. Karnataka High Court.
‘’Procedural safeguards are the life blood of liberty’’. Order of externment under the Karnataka Police Act should be passed only when there is minimum proximity or necessity for passing such order. Karnataka High Court.
Stigma of divorce cannot haunt widow forever. Grant of Identity Card to widow of an ex-serviceman cannot be denied merely on the ground of exparte divorce decree obtained by husband. Karnataka High Court.
Government Tender. Constitutional Court cannot sit in the seat of Tender Scrutiny Committee and go on interfering at every stage of tender. Karnataka High Court.
“Indian parents adopting child in Uganda which is not a signatory to Hague Convention or under the Hindu Adoptions and Maintenance Act cannot be rendered remediless’’. Karnataka High Court directs issuance of No Objection Certificate.
“Provide video-conferencing facility for the undertrial prisoners to interact with their counsel and family members’’. Karnataka High Court directs establishment of robust video conferencing facility in the prisons.
Power of the Courts to order a person to undergo medical test can be exercised only if there is a strong prima facie case and sufficient material. Karnataka High Court rejects husband’s plea to subject his wife to medical test, with exemplary costs.
Criminal Law. Charge sheet filed by prosecution alleging several charges need not form a part of framing of charge in every case. Karnataka High Court orders redrawing of chargesheet in Murugha Mutt case.
“Public authority withholding pension by imposing penalty after penalty without holding enquiry shocks the conscience of the Court’’. Karnataka High Court directs payment of costs and pension to the retired employee.
“Job of wife also as a mother is indefatigably round the clock.’’ Karnataka High Court awards higher maintenance to wife who was forced by husband to quit her job to take care of the children.
Negotiable Instruments Act. When conviction is set aside based on compromise, Court must impose condition that the deviation from the compromise will automatically result in restoration of the proceedings. Karnataka High Court.
“High Court cannot sit in the armchair of experts to scrutinize or monitor commercial decisions of the State’’. Karnataka High Court, while upholding Railway Catering Policy.
“Economic offences have become a real threat to the functioning of the financial system of the country’’. Karnataka High Court approves entrustment of investigation under Section 210, Companies Act to the Serious Fraud Investigation Office.
Pendency of investigation into affairs of company under Section 210, Companies Act 2013 will not prevent the Central Government from handing over investigation to the Serious Fraud Investigation Office. Karnataka High Court.
Pendente lite purchaser has no right to intervene or seek impleadment as objector in the execution proceedings taking shelter under Order 21 Rule 97 of the CPC. Karnataka High Court.
RERA. Issuance of Occupancy Certificate shall be preceded by due inspection of the property. Officers issuing illegal occupancy shall be made responsible and accountable. Karnataka High Court issues directions to Govt.
Representation of Peoples Act. Election petition without attestation by the petitioner suffers from an incurable defect and the same is liable to be dismissed. Karnataka High Court.
Clear case of ‘malicious parent syndrome’. Karnataka High Court laments at fighting parents using girl child as false victim of sexual harassment. Quashes proceedings against stepfather of girl child.
Tender. Experience gained by holding company can be taken into consideration for the purpose of experience or eligibility of a subsidiary company. Karnataka High Court.
Question of jurisdiction is always a ‘yes’ or a ‘no’ and can never be a ‘may be’. Challenge to jurisdiction cannot be rejected on the ground of delay or acquiescence. Karnataka High Court.
Company not registered as Micro, Small or Medium Enterprise under the MSMED Act cannot approach the Council to conciliate or to refer the matter to arbitral tribunal. Karnataka High Court.
Hon’ble Mr. Justice R. Nataraj celebrates his 55th birthday today.
Hon’ble Mr. Justice Rangaswamy Nataraj: Born on 14.03.1970. Enrolled as an Advocate on 08.09.1992. 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 Mr. Justice R Nataraj.
Town Planning. Illegal and unauthorized constructions not only violate the municipal laws and concept of land development of particular area but also affect fundamental and constitutional rights of other persons. Karnataka High Court.
Karnataka Lokayukta Act, 1984. Section 7(2-A). When Lokayukta conducts inquiry and submits report to Government, it is NOT necessary to give opportunity of being heard to persons named in the report. Karnataka High Court.
Once layout plan is sanctioned after verifying water course, pathway etc, Planning Authority must inspect formation of layout as per the sanctioned plan. Karnataka High Court.
When construction of building is unauthorised and without license, action of the Municipal authorities to remove the same cannot be found fault with. Karnataka High Court.
Advocate avoids execution of decree passed in 1966 by adopting unprofessional tactics. Karnataka High Court imposes cost of Rs. 5 lakhs, initiates contempt proceedings and refers the matter to Bar Council.
Merely because special warrant to search premises is lawful, prosecution cannot be launched without complying Section 155(2) of Cr.P.C. Karnataka High Court.
Karnataka Land Revenue Act. Pendency of the Master Plan under the Karnataka Town and Country Planning Act for Government approval can NOT be a ground for rejecting conversion of land from agricultural to non-agricultural. Karnataka High Court.
Purchase of granted land in public auction conducted by a co-operative Bank in execution proceedings does not attract the provisions of the Karnataka SC/ST (PTCL) Act. Karnataka High Court.
Suit for cancellation of a document. ‘’Value of the property for which the document was executed’’ has to be considered to determine the court fee payable and not the “market value of the property”. Karnataka High Court.
Land reserved in the Master Plan for parks and open spaces shall be acquired within a period of five years and compensation be paid failing which the landowner is entitled to use the same. Karnataka High Court.
When the authorities repeatedly fail to perform statutory function and to follow the law declared by Courts, the Writ Court can itself grant relief instead of remanding the matter. Karnataka High Court.
Relinquishment of Special Economic Zone. Government cannot impose interest on the stamp duty where exemption was granted earlier. Karnataka High Court.
Karnataka Village Offices Abolition Act. Purchaser of lands from the holder of the village office is entitled to contest the order of the land Tribunal.
Claim for occupancy rights under the Mysore (Religious and Charitable) Inams Abolition Act cannot be considered without impleading the Temple or the endowment officer as party respondents. Karnataka High Court.
Agreement to sell does not amount to concluded transfer. Such agreement cannot be construed as void under Section 33 of the Karnataka Co-Operative Societies Act. Karnataka High Court.
A probate proceeding under the Indian Succession Act, 1925, even when contested, remains distinct from a regular civil suit and is limited to determining the validity of the Will. The probate court does not have jurisdiction to decide partition, title, or mesne profits, and such claims must be pursued in a separate civil suit. Karnataka High Court.
Civil Procedure Code. Order XIV Rule 5. A party cannot seek to strike off an issue framed in a suit when the same party had asserted that fact in the pleadings. An issue based on the defendant’s own assertion cannot be struck off merely because another forum ruled against him on that point. Karnataka High Court.
Where agricultural lands are submerged due to a government irrigation project without proper acquisition proceedings, the affected landowners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Karnataka High Court.
Karnataka Stamp Act. Although lessee is responsible for paying stamp duty, unless otherwise agreed, if the landlord produces an unstamped deed in court, he must pay the duty and recover it from the lessee. Karnataka High Court.
The principle that admissibility of a document already marked cannot be challenged due to improper stamping applies only when the court has applied its mind before marking it. Karnataka High Court.
SARFAESI Act. In the event of an unsuccessful auction sale, if the borrower pays the entire outstanding amount, the Bank is bound to issue a clearance certificate and restore possession of the property to the borrower. Karnataka High Court.
SARFAESI Act. Failure by the auction purchaser to pay the amount due renders the sale null and void. Consequently, it becomes the authority’s mandatory duty to re-auction the property. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Grantee’s failure to purchase alternate land, after obtaining permission from the Deputy Commissioner to alienate, cannot be a ground to cancel sale of granted land. Karnataka High Court.
Karnataka SC/ST (PTCL) Act. Deputy Commissioner cannot impose condition requiring grantee to purchase alternate land from out of the sale proceeds while granting permission to alienate granted land. Karnataka High Court.
Specific Relief Act. Purchaser pendente lite is entitled to come on record as an assignee even at the appellate stage under Order 22 Rule 10 of the Civil Procedure Code. Karnataka High Court.
Suit for cancellation of decree obtained on the ground of fraud etc without seeking possession delivered pursuant to the decree is not maintainable. Karnataka High Court.
Benami Transactions (Prohibition) Act. Cancellation of sale and confiscation of property cannot be resorted to in respect of the properties purchased before the 2016 amendment. Karnataka High Court.
Specific Performance. Purchaser pendente lite cannot come on record in the execution proceedings or obstruct delivery of the possession to the decree holder. Karnataka High Court.
Lok Adalat cannot record compromise unless the parties to the compromise are present before it. Advocate cannot act before the Lok Adalat only on the basis of the Vakalat. Karnataka High Court.
Correction of mistake in the death certificate cannot be refused only on the ground of delay without following the procedure under the Registration of Births and Deaths Act. Karnataka High Court.
Stay of suit under Section 10, CPC can be ordered only when the issue before a Court is substantially in issue in an earlier proceedings between the same parties or under whom they claim in respect of the same subject matter. Karnataka High Court.
Purchaser pendente lite has a right to be impleaded in the execution proceedings and seek equitable partition exercising the rights of the transferor. Karnataka High Court.
Planning Authority cannot demand free relinquishment of land for road widening at the time of plan sanction without paying compensation. Karnataka High Court.
Karnataka Court Fees and Suits Valuation Act. For the purposes of determining market value of agricultural land assessed to land revenue, the procedure prescribed under Section 7(2) of the Act has to be followed. Karnataka High Court.
Suit for partition. Final Decree, Court can exercise discretion to see whether it is feasible to allot the properties purchased by purchasers to the shares of defendants who had alienated the properties. Karnataka High Court.
Motor Vehicles Act. Liability of the insurer continues even when the vehicle is leased to lessee. Driver continues to be employee of the lessor and is entitled for the compensation. Karnataka High Court.
Alienation of a minor’s property by a natural guardian does not become void from the date of its execution but shall be so construed only after it is declared so by a competent Court. Karnataka High Court.
Hon’ble Mrs. Justice M.G. Uma celebrates her 61st birthday today.
Hon’ble Mrs. Justice Makkimane Ganeshaiah Uma: 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.
Important judgements delivered by Hon’ble Mrs. Justice M G Uma.
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.
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.
Negotiable Instruments Act. Dishonour of cheque issued by outgoing/retired partner does NOT bind the partnership firm or other partners. Karnataka High Court.
Civil Court has no jurisdiction to grant temporary injunction restraining change of mutation entries under the Karnataka Land Revenue Act. Karnataka High Court.
Accused, after obtaining bail absconds and proclaimed by Court as ‘absconding accused’. He is not entitled for anticipatory bail. Karnataka High Court.
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.
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.
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.
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.
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.
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.
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.
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.
”It’s time to restore confidence of the people in independent judiciary”. Karnataka High Court charges Tahsildar for contempt of Court for not entering name of the farmer in revenue records despite court orders.
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.
Negotiable Instruments Act. When a signed cheque is voluntarily issued, even if blank, it raises a presumption that it was issued for a legally enforceable debt. The accused must provide probable evidence to rebut this presumption, and mere denial or unsubstantiated claims of cheque misuse are insufficient. Karnataka High Court.
Once the plaintiff proves his possession and enjoyment of the suit property and when the defendant has chosen to contest the suit, the defendant’s interference could be inferred and the plaintiff is entitled for permanent injunction. Karnataka High Court.
Once a document produced before the Court is impounded for non-payment of stamp duty, the party cannot withdraw the same without payment of duty penalty simply because he does not want to rely on it. Karnataka High Court.
Nominee of Bank deposit is only a trustee to receive the amount in deposit on behalf the legal heirs of the deceased account holder. He cannot have the preferential right to the exclusion of the legal representatives. Karnataka High Court.
Daksha Legal 