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 …
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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 …
Negotiable Instruments. Gaps are permitted to be filled by the drawee on the cheque so long as it does not cause prejudice to the drawer or amount to material alteration. Karnataka High Court.
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 …
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 …
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