S.Basavaraj, Advocate, Daksha Legal. Karnataka High Court has disposed more than 15,000 cases during Covid-19 period via Video Conferencing. Though physical appearance is allowed in few court halls, majority of the cases have been heard via video conferencing. Covid related lock-down was imposed on 26 March 2020. Immediately thereafter, the Hon’ble Chief justice bench started …
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Motor Vehicle Act. Insurance company not limiting insurance policy till fitness certificate period can not escape liability on the ground that vehicle’s fitness certificate lapsed on the date of accident. Karnataka High Court.
Chetan Kumari L.M. vs The Manager, Oriental Insurance Co. Ltd. and another. Miscellaneous First Appeal 948/2015 decided on 11 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/330682/1/MFA948-15-11-03-2020.pdf Relevant paragraphs: 5. The Tribunal, noting that the offending Maruti Car did not possess a fitness certificate as on the date of the accident, though it had a fitness certificate on …
Motor Vehicle Act. JCB is a non-transport, construction equipment vehicle. Person holding licence to drive Light Motor Vehicle is authorized to drive JCB. Karnataka High Court.
Reliance General Insurance Company Limited vs S. Ramya and others. Miscellaneous First Appeal 6789/2010 decided on 9 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348449/1/MFA6789-10-09-11-2020.pdf Relevant paragraphs: 6. The Tribunal while considering the question of liability, held that the JCB in question was a construction vehicle and that construction equipment would not fall within the Class of non …
Karnataka High Court webhosts Court-hall-wise Video Conferencing Links with passcodes from 23 November 2020.
The Karnataka High Court has issued a notification regarding webhosting of Court-hall-wise Video Conferencing Links with passcodes from 23 November 2020. This is subject to caution. The notice in this regard reads as follows: The Links are shared on the Official website of the High Court and the same can be accessed by clicking the …
“Rule against clog on redemption” “Once a mortgage is always a mortgage” – explained with judgments.
-S. Basavaraj, Advocate, Daksha Legal. Section 60 of the Transfer of Property Act, 1882, (extracted below) confers the right of redemption on the mortgagor. This is a statutory right. The right of redemption is an incident of a subsisting mortgage and it subsists so long as the mortgage subsists. English law on this aspect is …
Civil Procedure Code. Mere marking of an inadmissible document does not establish its proof. Marking is a ministerial act & admitting it in evidence is judicial. Law on the point discussed. Karnataka High Court.
Ismailbee vs Mehtab Saheb. Regular Second Appeal 868/2007 decided on 22 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349005/1/RSA868-07-22-10-2020.pdf Relevant paragraphs: 26. ….the documents of which registration is required by Transfer of Property Act, 1882, shall be compulsorily required to be registered otherwise such documents shall not affect any immovable property. So, when once the transaction has been …
Negotiable Instruments Act. Section 138. When a probable defence is set up by accused, burden is on the complainant to explain it. Standard of proof applicable to evaluate such explanation is ‘beyond reasonable doubt’. Failure to explain material contradictions results in dismissal of complaint. Karnataka High Court.
Santosh vs Harilal. Criminal Appeal 2784/2012 decided on 11 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349010/1/CRLA2784-12-11-11-2020.pdf Relevant Paragraphs: 17. The facts of the present case are not on par with those in Bir Singh Vs. Mukesh Kumar reported in (2019) 4 SCC 197, however, pivots on a different issue. The trial Court on consideration of the material …
Anticipatory Bail. Person whose regular bail is cancelled cannot seek anticipatory bail since he is in the constructive custody of the law. Supreme Court.
Manish Jain vs Haryana State Pollution Control Board. Special Leave Petition (Crl) 5385/2020, decided on 20 November 2020. Judgment below. Compiled by S. Basavaraj, Advocate, Daksha Legal.
Motor Vehicles Act. Even adult person can claim compensation for the death of elder/younger brother. However, unless dependency is proved, compensation cannot be awarded. Karnataka High Court.
Raju Singh vs Sharanappa and others. Miscellaneous First Appeal 103546/2019 decided on 11 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349058/1/MFA103546-19-11-11-2020.pdf Relevant paragraphs: 8 &9. There can be no two opinions that even an adult younger brother or grown up son is entitled to claim compensation under the head of loss of dependency subject to condition that they …
Negotiable Instruments Act. Power of Magistrate to convert trial of complaint under Section 138 is confined only to convert the case into a summons triable case and not as warrant case. Karnataka High Court.
M/s. Mahathru Technologies vs M/s Creative Infotech. Criminal Petition 1329/2020 decided on 19 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348866/1/CRLP1329-20-19-11-2020.pdf Relevant paragraphs: Question referred by the Hon’ble single judge to larger bench. “Whether in a case for offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the Court of Magistrate exercising its power under the …
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