Category Archives: Uncategorized

Land acquisition. 2013 Act. Lapse under Section 24 is only when acquisition was under 1894 Act. Section does not apply to acquisitions under State enactments. Karnataka High Court.

L.Ramareddy vs The State of Karnataka and others. Writ Appeal 1415/2018 decided on 1 December 2020. Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wa-1415-2018-LA-BDA-01122020.pdf Relevant paragraphs: 18. The object and purpose of the LA Act, 1894, is for acquisition of the land for public purposes and for companies. The expression public purpose …

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Karnataka Housing Board Act. Sanction of scheme by the State Government is mandatory before the Board takes up housing, land development or labour development schemes. Karnataka High Court.

The Karnataka Housing Board and another vs The State of Karnataka and others. Writ Appeal 5712/2012 decided on 1 December 2020. Justice B.V. Nagaratha and Justice N.S. Sanjay Gowda. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wa-5712-2012-LA-KHB-01122020.pdf Relevant paragraphs: 20. Before proceeding to answer the points for consideration, the pertinent point that would arise for consideration in this appeal is, …

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Service Law. Direct recruitment. Seniority list is based on merit rank and not the date of joining. Case law discussed. Karnataka High Court.

Dr. Sunilkumar Biradar vs The State of Karnataka and others. Writ Appeal 100040/2016 decided on 7 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/353107/1/WA100040-16-07-12-2020.pdf Cases referred – W.A.No.245/2006 (S-PRO), disposed of on 31st July 2006, P. Srinivas Vs. M. Radhakrishna Murthy and others reported in (2004) 2 SCC 459, Suresh Chandra Jha vs. State of Bihar and others …

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Appeals under the Commercial Courts Act – a tale of an undelivered promise.

Ajay J Nandalike, Advocate, Bengaluru The Commercial Courts Act, 2015 (‘the Act’) was promulgated with an intention to provide for speedy disposal of high value commercial disputes involving complex facts and questions of law and to create a positive image to investors about the independence and responsiveness of the Indian legal system[1]. The Act provided …

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ಮರಾಠ ಅಭಿವೃದ್ದಿ ಪ್ರಾದಿಕಾರ ಮತ್ತು ಇತರೆ ಜಾತಿ ಆಧಾರಿತ ಪ್ರಾದಿಕಾರಗಳ ವಿರುದ್ಧ ಹೈಕೋರ್ಟನಲ್ಲಿ ರಿಟ್ ಅರ್ಜಿ

Public Interest Litigation by S.Basavaraj, Advocate and Member, Karnataka State Bar Council challenges establishment of caste based Corporations and bodies. The bodies whose establishment are challenged are. 1. Karnataka Maratha Development Authority, c/o Backward Classes Welfare department, VidhanaSoudha, Dr. Ambedkar Road, Bangalore 560001       2. KARNATAKA ARYAVYSYA COMMUNITY DEVELOPMENT CORPORATION, 21st floor, V.V.Towers, Dr.B.R.Ambedkar Road, Vasanth …

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PIL challenges Maratha Development Board and other caste based bodies established by Government of Karnataka.

Public Interest Litigation by S.Basavaraj, Advocate and Member, Karnataka State Bar Council challenges establishment of caste based Corporations and bodies. The bodies whose establishment are challenged are. 1. Karnataka Maratha Development Authority, c/o Backward Classes Welfare department, VidhanaSoudha, Dr. Ambedkar Road, Bangalore 560001       2. KARNATAKA ARYAVYSYA COMMUNITY DEVELOPMENT CORPORATION, 21st floor, V.V.Towers, Dr.B.R.Ambedkar Road, Vasanth …

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Arbitration. Court cannot act upon an arbitration clause if the document is not properly stamped till deficit and penalty is paid.

Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram v. Bhaskar Raju & Bros., (2020) 4 SCC 612. Judgment Link: https://main.sci.gov.in/supremecourt/2018/12561/12561_2018_Judgement_10-Apr-2019.pdf Paragraph 16. Admittedly, both the lease deeds are neither registered nor sufficiently stamped as required under the Karnataka Stamp Act, 1957. Admittedly, the Registrar (Judicial) of the High Court of Karnataka had submitted a report to …

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Arbitration agreement does not require registration under the Registration Act. It is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument.

Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engg. Ltd., (2019) 9 SCC 209 Judgment Link https://main.sci.gov.in/supremecourt/2018/12561/12561_2018_Judgement_10-Apr-2019.pdf Paragraph 15. In SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66, this Court was confronted with an arbitration clause, namely, Clause 35 of a lease deed dated 21-12-2006 for a …

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