K.A. Ananda vs Gangadhara. Criminal Appeal 1191/2011 decided on 3 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348769/1/CRLA1191-11-03-11-2020.pdf Relevant paragraphs: 13 & 14. Negotiable Instruments Act are three in numbers- Promissory note, bill of exchange and cheque. The very commencement of the word in the definition states that cheque is a bill of exchange. As a matter of …
Category Archives: Uncategorized
Legal Services Authority Act, 1987 does not prohibit Permanent Lok Adalats from passing ex-parte award. However, award must be supported by reasons. Karnataka High Court.
The Deputy Commissioner, Mysore District another vs M/s Kushal Enterprises. Writ Petition 2715/2020 and connected matters decided on 3 August 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/337740/1/WP2715-20-03-08-2020.pdf Relevant paragraphs: 11….Permanent Lok Adalat constituted under section 22B(1) of the LSA Act is conferred with both conciliatory and adjudicatory functions; and Permanent Lok Adalat is invested with the power and …
Abetment to commit suicide. Vague death note can not be a prima facie evidence. Accused entitled for bail. Karnataka High Court.
B.K. Padmanabha Reddy vs State of Karnataka. Criminal Petition 5775/2020 decided on 12 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348823/1/CRLP5775-20-12-11-2020.pdf Relevant portion: Para. 1. The present petition is filed by accused .. under Section 439 of Cr.P.C. praying to release him on bail …for the offences punishable under Section 306 of IPC. 5. SPP submits…that the deceased …
Anticipatory bail. Issuance of notice of appearance under Section 41A Cr.P.C presupposes absence of threat of arrest. Petition for anticipatory bail hence can not be entertained. Karnataka High Court.
Jerry Paul vs State of Karnataka. Criminal Petition 5963/2020 decided on 11 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348806/1/CRLP5963-20-11-11-2020.pdf Held: 9. On close reading of Section 41A of the Act, it indicates that where the arrest of a person is not required under the provisions of sub-section (1) of Section 41 of Cr.P.C., then the notice could …
Anticipatory bail. Even where a prima facie case is established, approach of the Court is not that the accused should be detained by way of punishment, but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion granted in his favour. Absconding of accused is also not a reason to deny bail. Karnataka High Court.
Rakesh Shetty vs State of Karnataka and another. Criminal Petition 5445/2020 decided on 18 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348785/1/CRLP5445-20-18-11-2020.pdf Relevant Paragraphs: While considering the bail application, the parameters which have to be considered has been stated in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others (cited supra) have to be kept …
Succession to property. “Per Capita” and “Per Stripes” explained.
Succession to property. “Per Capita” and “Per Stripes” – explained in simple diagram & words. In Per Stirpes a person’s share of the inheritance will go to his heir. In Per Capita heirs will not receive any share. Consider an example where, Mr.X has two children A and B. A has a son S1 and …
Continue reading “Succession to property. “Per Capita” and “Per Stripes” explained.”
“Even God gave an opportunity of hearing to Adam & Eve before punishing them for consuming the proscribed fruit in the Eden Garden”. Karnataka High Court annuls action of the University in punishing student on the basis of a stray admission without hearing.
Hruday P.B. vs The Vice Chancellor, The National Law School University of India and another. Writ Petition 9395/2020 decided on 18 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348727/1/WP9395-20-18-11-2020.pdf Relevant Paragraphs: 4 (a) The essential grievance of the petitioner emanates from the so called ‘admitted’ charge of plagiarism. Ramanatha Aiyar’s “Advanced Law Lexicon” 3rd Edn, Wadhwa Nagpur states: …
Suit for specific performance. Question of readiness and willingness becomes immaterial when the agreement itself is doubtful – Karnataka High Court.
S.R. Suresh and another vs Rudrappa Kabbur and another. Regular Second Appeal 649/2013 decided on 23 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348682/1/RFA649-13-23-10-2020.pdf Relevant paragraphs: 19, 20 & 21.…When the defendants have denied the very execution of the agreement, receipt of the sale advance amount and the signatures, it is the burden on the plaintiffs to prove …
Property dispute vis-a-vis title deeds. Where boundaries in a document are vague and indefinite, the area should prevail, but where boundaries are specific and definite, the area must be taken as given approximately. Law on the point discussed- Karnataka High Court.
H. Naganna and others vs Marlinge Gowda by Lrs and others. Regular Second Appeal 2110/2010 decided on 6 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348681/1/RSA2110-10-06-11-2020.pdf Relevant pages (paragraphs are not numbered): 19. As early as in the year 1948, the Privy Council in THE PALESTINE KUPAT AM BANK CO-OPERATIVE SOCIETY LTD.VS GOVERNMENT OF PALESTINE AND OTHERS reported …
Karnataka Lokayukta Act, 1984. After receipt of report from Lokayukta or Upalokayukta under Section 12(3), it is mandatory for the Government to record reasons to entrust matter to Lokayukta Upalokayutka or disciplinary authority. Doctrine of per incuriam discussed- Karnataka High Court.
K.S. Nanjegowda vs State by Karnataka Lokayuktha. Writ Petition 48384/2017 and connected case decided on 12 November 2020. Judgment Link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wp-48384-2017-cw-61697-2016.pdf 31….Section 12(4) of Act, 1984 mandates the competent authority to examine the investigation report submitted on behalf of the Lokayukta/Upalokayukta. On this point Dr.K.Lalitha vs The State of Karnataka and others 2019 (4) KLJ …
Daksha Legal 