DEPUTY GENERAL MANAGER (APPELLATEAUTHORITY) AND OTHERS vs AJAI KUMAR SRIVASTAVA. f SLP(C) No(s). 3206732068 of 2018. Decided on 5 January 2021. Judgment Link: https://main.sci.gov.in/supremecourt/2018/44259/44259_2018_39_1501_25311_Judgement_05-Jan-2021.pdf Relevant paragraphs 23. The power of judicial review in the matters of disciplinaryinquiries, exercised by the departmental/appellate authoritiesdischarged by constitutional Courts under Article 226 or Article32 or Article 136 of the …
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Hindu Law. Gift by a coparcener of his undivided interest in coparcenery property is void unless the same is with consent of other coparceners. Law on the point discussed. Karnataka High Court.
C.N.Leelavathi vs M. Narayanappa and others. Regular First Appeal 1908/2005 decided on 9 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356472/1/RFA1905-05-09-12-2020.pdf Relevant paragraphs: Early law of gifts: – The early law of gifts is stated by Sanskrit writers somewhat curiously under the title “Resumption of gifts”, one of the eighteen titles of law. Narada says, “An anvahita deposit, …
Duly elected Government cannot be dragged on the edges on the basis of undefined principles which appeal to “three gentlemen or five gentlemen sitting as a Court – Supreme Court in Central Vista Project case.
Rajeev Suri vs Delhi Development Authority and others. Transferred Case (Civil) No. 229 of 2020 decided on 5 January 2020. Judgement Link: https://main.sci.gov.in/supremecourt/2020/8430/8430_2020_34_1501_25340_Judgement_05-Jan-2021.pdf Constitutionalism 168. The principle of constitutionalism has been deployed by the petitioners to justify the alteration of aforesaid standards. The ideal of constitutionalism finds place in almost every constitutional discourse involving the …
Failure to execute sale deed to land looser. Karnataka High Court terms conduct of KIADB as abuse of power, lack of good conscience and gross discrimination. Imposes cost of Rs. 1,00,000/-.
M/s. ACV Aero Industries vs The State of Karnataka and others. Writ Petition 15121/2018 decided on 15 December 2020. Judgment Link:http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356413/1/WP15121-18-15-12-2020.pdf Judgment in PDF.
Adverse Possession and Lis Pendens. Latest Judgment of the Karnataka High Court. Principles summarised.
R. Anthony Joseph and others vs Francis Billomane. Regular First Appeal 965/2013 decided on 23 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356346/1/RFA965-13-23-12-2020.pdf Relevant Paragraphs 41. It is well settled that, if any person claims adverse possession against another person in respect of the property in question, unless the ownership of that person is admitted, filing of suit …
Hindu Succession Act. Section 6. From State Amendments to Vineeta Sharma Decision.
S.Basavaraj, Advocate, Daksha Legal, Bangalore The recent judgment of the Supreme Court in Vineeta Sharma vs Rakesh Sharma decided on 11 August, 2020, has cleared many confusions and doubts. Importantly, many pending disputes have been resolved in the Mega Lok-Adalat conducted by the Karnataka State Legal Services Authority on the basis of this judgment. This …
“The conduct of the trial shocks our judicial conscience.” Karnataka High Court orders retrial of mentally unstable accused.
Mounesh vs The State of Karnataka. Criminal Appeal 200117/2017 decided on 21 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/355911/1/CRLA200117-17-21-12-2020.pdf Relevant paragraphs: 22. After thorough perusal of the records, certain doubts arose in the mind of this Court, more particularly, in the light of the fact that the last session of treatment undergone by the under trial/accused, was …
Transfer of Property Act. A conditional gift becomes complete only on compliance of the conditions in the deed.
S. Sarojini Amma vs Velayudhan Pillai Sreekumar, Civil Appeal 10785 of 2018. Decided on 26 October 2018. Judgment Link: https://main.sci.gov.in/supremecourt/2017/37674/37674_2017_Judgement_26-Oct-2018.pdf?fbclid=IwAR0I-qAA4QYAA7yzrFRl0JA4qmBuov9m6k7Yq2W4YUjOYSVPzBpQLyw7Mz4 Held: 18. We are in agreement with the decision of this Court in Reninkuntla Rajamma (supra) that there is no provision in law that ownership in property cannot be gifted without transfer of possession of …
Transfer of Property Act. Property can be gifted even without transfer of possession of such property.
S. Sarojini Amma vs Velayudhan Pillai Sreekumar, Civil Appeal 10785 of 2018. Decided on 26 October 2018. Judgment Link: https://main.sci.gov.in/supremecourt/2017/37674/37674_2017_Judgement_26-Oct-2018.pdf?fbclid=IwAR0I-qAA4QYAA7yzrFRl0JA4qmBuov9m6k7Yq2W4YUjOYSVPzBpQLyw7Mz4 Held: 18. We are in agreement with the decision of this Court in Reninkuntla Rajamma (supra) that there is no provision in law that ownership in property cannot be gifted without transfer of possession of …
Minimum experience as Advocate to become Civil Judge. Need for review of All India Judges Association case
S. Basavaraj, Member, Karnataka State Bar Council. The recent challenge before the Supreme Court in Writ Petition 1479/2020 questions the Notification of the Andra Pradesh Public Service Commission dated 3:12:2020. The Notification invites applications for appointment of Civil Judges Junior Division in the AP State Judicial Service for Advocates having a minimum eligibility requirement of …
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