The Branch Manager, The Oriental Insurance Company Ltd vs Mallesh Miscellaneous First Appeal 2417/2010 decided on 25 September 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/342171/1/MFA24217-10-25-09-2020.pdf Relevant Paragraphs: 11. The third contention which has been raised by the Insurance Company is that the vehicle did not have a permit to ferry passengers and/or that it did not have a …
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Motor Vehicle Act. Vehicle insured but without valid fitness certificate. Insurer is not liable. However ‘pay and recover’ is applicable. Karnataka High Court.
Malleshi vs Hafiza Begum and another. MFA.CROB 200013/2018 & MFA 201596 decided on 6 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349004/1/MFACROB200013-18-06-11-2020.pdf Relevant paragraph: 20. Further, the Full Bench of this Court in the case of New India Assurance Company Limited v. Yellavva W/o Yamanappa Dharanakeri and another [2020 (2) AKR 484 was pleased to lay down the …
Service Law. Direct recruitment. When reserved category candidate performs well and reaches general merit category, he shall be considered in general category. Rule is mandatory. Karnataka High Court.
Nagaraj vs The Commissioner, Department of Excise and others. Writ Petition 117767/2019 and 103279/2018 decided on 13 November 2010. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349008/1/WP117767-19-13-11-2020.pdf Relevant paragraphs: 12. When any appointment is made by way of direct recruitment, either by way of competitive examination or selection, the list of candidates should be arranged in the order of merit …
Motor Vehicles Act. Compensation. Minor aged 17 years cannot be considered as child. Being adolescent, he is capable of earning and the income shall be calculated accordingly. Karnataka High Court.
Chetana and others vs Babuji M and others. Miscellaneous First Appeal. Decided on 13 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/349061/1/MFA102268-19-13-11-2020.pdf Relevant Paragraphs: 7 & 8. The deceased was aged 17 years at the time of the accident. According to the appellants, the deceased was a student and was also doing milk vending business and he was …
Transfer of Property Act, 1882. – Simple mortgage, Mortgage by conditional sale, Usufructuary mortgage, English mortgage, Mortgage by deposit of title-deeds – explained with Supreme Court Judgments.
58(b) Simple mortgage.—Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of …
Writ of Quo-Warranto. Person elected on the basis of a fake caste certificate is liable to be ousted from the office by a writ of quo-warranto. Karnataka High Court. 10:11:2020
Prabhakar vs The State of Karnataka and others. Writ Petition 138396/2020 decided on 10 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348668/1/WP138396-20-10-11-2020.pdf Case details: – Respondent 4 contested and won the election to the office of Board of Management of a Co-operative Credit Society governed by the provisions of the Karnataka Co-operative Societies Act, 1959. He submitted a …
Default Bail Granted Can Be Cancelled By High Court U/s 439(2) CrPC: Supreme Court.
Judgment link Click to access 4200_2019_36_1501_24718_Judgement_20-Nov-2020.pdf
Pension is a property under Article 300-A of the Constitution and it constitutes a fundamental right to livelihood under Article 21. Karnataka High Court quotes Shakespeare from ‘Fall of Cardinal Wolsey’ while directing early payment of pension.
K.T.Thimmaiah vs The General Manager and another. Writ Petition 11517/2018 decided on 9 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348998/1/WP11517-18-09-11-2020.pdf Magnificent opening paragraph: To quote Shakespeare from fall of Wolsey, with a slight variation to suit the context “Had I served my God with half the zeal that I served my King, I would not have fallen …
Criminal trial. Defence of ‘grave and sudden’ provocation shall not avail an accused if the result of permitting such a defence is to dehumanize the person of victim, stultify her individual autonomy, agency and dignity. Karnataka High Court.
Vijay@Vijendra vs The State of Karnataka. Criminal Appeal 200141/2016 decided on 20 November 2020. Author, Justice P. Krishna Bhat. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348940/1/CRLA200141-16-20-11-2020.pdf Relevant paragraphs: 18. Accused, as the evidence shows, has betrayed utter disdain to the inherent right of C.W.1 as a human; to her individual autonomy to choose who to love and to her …
Local bodies. Principle of rotation in reservation is a statutory right and not merely private right of contestants. Alternative remedy of election petition is illusory. Writ petition questioning defective rotation maintainable. Karnataka High Court.
R. Basavaraj vs State of Karnataka and others. Writ Petition 11566/2020 decided on 19 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348982/1/WP11566-20-19-11-2020.pdf Held: Paragraph 21..Alternate remedy -…Rule 15 (1) provides that the validity of the election of the President or the Vice-President may be called in question by a petition presented to the District Judge, within seven days …
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