Geetha Pandit Rao and another vs State of Karnataka and others. Writ Petition 7717/2020 & Writ Petition 226494/2020 decided on 30 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/350506/1/WP7717-20-30-11-2020.pdf Relevant Paragraphs: (after thoroughly discussing case laws). 48. In order to ascertain correct position of law relating to interpretation of word “substitution”, it is relevant to consider the law …
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Right of a major individual to marry person of his/her choice is a fundamental right which cannot be encroached by anybody irrespective of caste or religion. Karnataka High Court.
Civil Procedure Code. Order 39 Rules 1 & 2. Power of granting ad interim injunction, is to preserve the subject matter of the suit in the status quo for the time being. Supreme Court. (Judgment enclosed)
Relevant paragraph: 4. Order 39 Rule 1(c) provides that temporary injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by …
Contract Act, 1872. Section 202. Power of Attorney can be revoked by the principal unless the agent’s authority is coupled with interest. Supreme Court. (Judgment enclosed)
RELEVANT PARAGRAPH 13. Even otherwise, under law revocation of agency by the principal immediately terminates the agent’s actual authority to act for the principal unless the agent’s authority is coupled with an interest as envisaged under Section 202 of the Indian Contract Act. When agency is revoked, the agent could claim compensation if his case …
Civil Procedure Code. Using interrogatories effectively to aid cross-examination
Ajay J Nandalike, Advocate, Bangalore In the aftermath of COVID-19, courts and arbitrations are beginning to adopt virtual hearings as a means of justice dispensation. There is some debate about conducting cross-examination online. A view that is possible is that cross-examination can be conducted online, however, someone from the other side is physically present in …
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“A tribute to fifteen outstanding women who shaped the Indian Constitution and homage & honor to the legacy of the architects of the Indian Republic” – Justice B.V. Nagarathna.
Speaking on the occasion of Constitution Day organised by the High Court of Karnataka and Karnataka State Legal Services Authority in association with Karnataka State Bar Council and Advocates’ Association, Bengaluru, Justice B.V. Nagarathna, Judge, High Court of Karnataka through the speech, paid tribute to fifteen outstanding women who shaped the Indian Constitution and homage …
“The Constitution Day acts as a strong reminder to all those who are concerned with the judiciary to ensure that, we make all possible efforts to uphold the rights conferred on the citizens, under the Constitution of India.” Chief Justice, Karnataka High Court.
Speaking on the occasion of Constitution Day organised by the High Court of Karnataka and Karnataka State Legal Services Authority in association with Karnataka State Bar Council and Advocates’ Association, Bengaluru, Justice Abhay Shreeniwas Oka, Chief Justice of Karnataka and Patron-in-Chief, Karnataka State Legal Services Authority highlighted the duty of all those who are concerned …
Hindu Marriage Act. Section 13B. It is permissible for the parties to be represented by their partners or siblings, as GPA holders, seeking dissolution of marriage by a decree of divorce by mutual consent subject to the satisfaction of the court. Karnataka High Court.
Aditya Jagannath and another vs NIL . M.F.A.No.4453/2020 (FC) decided on 10 November 2020. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/MFA-4453-2020.pdf HELD: 26. Permission is granted to the second appellant to be represented through her Power of Attorney holder, who is none other than her father on the strength of the Special Power of Attorney executed by her. Relevant …
Motor Vehicle Act. Fraudulent implanting of insured vehicles. Tribunal is not bound by charge-sheet filed in criminal cases. Tribunal has to decide based on evidence when prima facie fraud is alleged. Karnataka High Court.
Mahadevi and others vs Shivaputra and another. Miscellaneous First Appeal 201689/2016 (MV) decided on 20 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349819/1/MFA201689-16-20-11-2020.pdf The Karnataka High Court has expressed deep concern and anguish over the increasing cases where insured vehicles are implanted just to get compensation. In many vehicular accidents, the actual vehicle that caused accident lacks insurance …
Constitution of India. Article 226. Alternative remedy is only a self-imposed restraint and not a bar especially when the State act smacks of arbitrariness and legal malice. Law on the point discussed. Bombay High Court.
Kangana Ranaut vs Municipal Corporation of Greater) Mumbai and others. Writ Petition (ST) 3011/2020 decided on 27 November 2020. Judgment Relevant Paragraphs: 18.5 Note: Typed extracts will be shared later. Compiled by S. Basavaraj, Advocate, Bangalore.
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