Pricewaterhouse Coopers Service vs Mohan Kumar Thakur. Miscellaneous First Appeal 8750/2019 decided on 5 November 2020. Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351911/1/MFA8750-19-05-11-2020.pdf Relevant paragraphs: 18. Whether a defendant would lose the right to seek for reference of the parties to arbitration, if the application for referring the parties to arbitration …
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PTCL Act. Proceedings withdrawn or dismissed on merits can not be re-opened by fresh proceedings. Second petition barred by estoppel acquiescence, abandonment and waiver. Karnataka High Court.
Narayanaswamy vs The District Commissioner and others. Writ Appeal 3855/2019 decided on 6 November 2020. Chief Justice Abhay S Oka and Justice S.R. Krishna Kumar. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/303237/1/WA3855-19-06-11-2019.pdf Relevant paragraphs. 10. …….the proceedings under Sections 4 and 5 of the PTCL Act having been originally initiated by the appellant and the sixth respondent in the …
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. Inordinate delay in challenging sale. Such proceedings are not maintainable. Karnataka High Court.
Narayanaswamy vs The District Commissioner and others. Writ Appeal 3855/2019 decided on 6 November 2020. Chief Justice Abhay S Oka and Justice S.R. Krishna Kumar. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/303237/1/WA3855-19-06-11-2019.pdf Relevant paragraphs. Judgments in Ibrahimpatnam Taluk Vyavasaya Coolie Sangham v. K. Suresh Reddy (2003) 7 SCC 667, Situ Sahu & Others vs. State of Jharkahnd & Others …
Civil Procedure Code. A categorical admission made in the pleadings cannot be permitted to be withdrawn.
Kashibai vs Hanamavva and others. Writ Petition 148540/2020 decided on 26 November 2020. Judgement Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351330/1/WP148540-20-26-11-2020.pdf Relevant paragraphs: 6. The petitioner has filed a suit for partition and separate possession. In the said suit the petitioner has clearly admitted that deceased Nimbavva is the wife of deceased Krishnegowda. Now, by virtue of proposed amendment, the …
Technical objection which defeats justice should be discouraged. If infraction of procedural provision does not provide for any consequences, such a provision has to be construed as directory and not mandatory. Karnataka High Court.
Pr. Commissioner of Income Tax and another vs M/s. Wipro Limited. Income Tax Appeal 462/2017 decided on 30 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/351234/1/ITA462-17-30-11-2020.pdf Relevant paragraphs: 6. The constitution bench of the Supreme Court in SARDAR AMRJIT SING KALARA VS. PRAMOD GUPTA, (2003) 3 SCC 272 has held that procedural laws have always been viewed as …
Facebook and other Tech Giants’ Anti-Trust Conducts
Nithin Basavaraj Facebook is a social networking platform launched in February 4, 2004. As of the year 2020 more than 3 billion people use Facebook and Facebook owned services and is valued at nearly 800 billion Dollars and profited more than 15 billion dollars in the year 2019. Facebook is now under the radar of …
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Indian Penal Code. Defamatory statement made in cross-examination without any deliberate intent. No case made out under Section 500. Proceedings quashed. Karnataka High Court.
Mauna vs K.G.Mahesh Murthy. Criminal Petition 101295/2017 decided on 26 November 2020. Justice H.B. Prabhakara Sastry Judgment Link: Microsoft Word – CRL.P. No.101295.2017.doc (kar.nic.in) Relevant paragraphs: It is …the case of the complainant in the trial Court that the petitioner herein in her cross- examination in the complaint filed by her under D.V. Act, made …
Election Petition. Person disqualified from contesting the elections can not maintain an election petition as “a candidate at such election”..”
Election Petition. Person disqualified from contesting the elections can not maintain an election petition as “a candidate at such election” Saritha S Nair vs Hibi Eden. Special Leave Petition (Civil) 10678/2020 decided on 9 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/4203/4203_2020_31_1501_25128_Judgement_09-Dec-2020.pdf Relevant para: CONCLUSION 62. Therefore, in fine, we hold that the petitioner was disqualified from contesting the …
Judicial review. Writ petition maintainable against Bar Association discharging public function. Case law discussed. Karnataka High Court.
Chandrakant vs Karnataka State Bar Council and others. Writ Appeal 100141/2020 decided on 30 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/352210/1/WA100141-20-30-11-2020.pdf Relevant paragraph : 36. The observations of the Hon’ble Apex Court and the various High Courts in the long line of rulings narrated supra, obviates any detail discussion with regard to the maintainability of a writ …
Election Petition. A defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective.
Saritha S Nair vs Hibi Eden. Special Leave Petition (Civil) 10678/2020 decided on 9 December 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/4203/4203_2020_31_1501_25128_Judgement_09-Dec-2020.pdf Relevant para: 43. The upshot of the above discussion is that defective verification is a curable defect. An election petition cannot be thrown out in limine, on the ground that the verification is defective. Compiled by …
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