Varadarajan vs Kanakavalli and others. Civil Appeal 5673/2009 decided on 22 October 2020. AIR 2020 SC 740 Judgment Link: https://main.sci.gov.in/supremecourt/2008/7407/7407_2008_7_1501_19791_Judgement_22-Jan-2020.pdf Relevant Paragraphs: 8. We may state that Order XXII of the Code is applicable to the pending proceedings in a suit. But the conflicting claims of legal representatives can be decided in execution proceedings in …
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Wills. Proof. One of the earliest and authoritative judgments of the Supreme Court in H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426 AIR 1959 SC 443.
18. What is the true legal position in the matter of proof of wills? It is well-known that the proof of wills presents a recurring topic for decision in courts and there are a large number of judicial pronouncements on the subject. The party propounding a will or otherwise making a claim under a will …
Passport Act, 1967. Mere pendency of criminal case not a ground to refuse renewal of passport to travel back to India. Parameters for grant of a passport can’t be applied for its renewal. Karnataka High Court.
Krishna Chiranjeevi Rao Palukuri Venkata vs The Union of India and others. Writ Petition 9141/2020 decided on 1 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343236/1/WP9141-20-01-10-2020.pdf Relevant Paragraphs: 10. As per Section 6 of the Passport Act, 1967, the Passport Authority shall refuse to make an endorsement for visiting any country under Clause (b) or (c) of Sub-Section …
KIAD Act, 1966. Failure to issue final notification for prolonged period amounts to abandonment of acquisition proceedings. In the absence of statutory bar, purchaser can challenge acquisition proceedings. Karnataka High Court.
K.P. Ravikumar vs The State of Karnataka and others. Writ Petition 9300/2020 decided on 28 September 2020. Judgment Link http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343172/1/WP9300-20-28-09-2020.pdf Relevant Paragraphs: 5. Learned counsel appearing for the petitioner submits that even though land was notified for acquisition in the year 1999, it has not been followed by issuance of final notification under Section 28(3) …
Education. Courts shall adopt soft approach to students victimized by diseases. Karnataka High Court directs extension of additional hours to student suffering from ‘Osteogenesis Imperfecta’.
Master Bharath S vs The Secretary, Education Department and Others. Writ Petition 10051/2020 decided 9 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348186/1/WP10051-20-09-11-2020.pdf Prayer in the Writ Petition – for direction to the second respondent-Examination Board to dispense with the requirement of final examination, treating his performance in the Preparatory Examination itself as the final one, since he …
Cancellation of bail. Mere failure of the prosecution to bring out pending cases against accused while granting bail cannot be a ground for cancelling bail. There must be material to show violation of bail conditions or obstruction of trial by the accused. Karnataka High Court. 5:11:2020
Ms. X vs State of Karnataka and another. Criminal Petition 4598/2020 decided on 5 November 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348258/1/CRLP4598-20-05-11-2020.pdf Relevant Paragraphs: 8 &20 The Apex Court also in the similar circumstances in the case of Chandrakeshwar Prasad v. State of Bihar and Anr. in Criminal Appeal No.932/2016 and State of Bihar v. Md. Shahabuddin in …
SARFAESI Act. Loan granted by Financial Institutions retain its character of public money given in the fiduciary capacity. Writ Courts cannot interfere with recovery proceedings. Karnataka High Court. 13:11:2020
U.M. Ramesh Rao and others vs Union Bank of India. Writ Petition 12461/2020 decided on 13 November 2020. Judgments: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348187/1/WP12461-20-13-11-2020.pdf Relevant paragraphs: 12. In the case of, United Bank of India Vs. Satyawati Tandon and others it is held that when a particular Legislation contains a detailed mechanism for redressal of grievance, High Court should …
Karnataka High Court directs the State Election Commission to hold elections of Grama Panchayats. Schedule of the elections to be announced within three weeks. 13:11:2020
K.C. Kondaiah and others vs The State of Karnataka and others. Writ Petition 7987/2020 decided on 13:11:2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348185/1/WP7987-20-13-11-2020.pdf ORDER 1. We hold that in view of the Constitutional mandate of clause (3) of Article 243E, it is the mandatory duty of the SEC to complete elections of a Grama Panchayat before its term …
“Procedural law should not be construed in a manner which would leave the Court helpless”. Karnataka High Court issues guidelines regarding objections raised by the Registry.
M.F.A. No. 6390/2019 and connected matters. Order dated 22.10.2020 Link to Order: https://karnatakajudiciary.kar.nic.in/noticeBoard/MFA%206390-2019-and-con.pdf Guidelines Issued: (i) The Registry shall not raise an objection (item no.11 inForm No.14) regarding failure to mention the age of a party inthe cause title so long as the parties are described either as“major” or “minor.” If a party wants to …
The Commercial Courts Act, 2015. Suit involving a ‘commercial dispute’, valued below the specified value can NOT be referred to commercial court. Twin tests i.e. nature of dispute and valuation – both must be satisfied . Karnataka High Court.
Fine Footwear Private Limited v. Skechers U.S.A. Inc. Writ Petition No. 23009 of 2019 (GM-CPC). Decided on July 15, 2019. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/280393/1/WP23009-19-15-07-2019.pdf Relevant Paragraphs: 7. The contention of the respondent side that the commercial dispute is triable by ordinary civil court unless the specified value of its subject matter is not less than three …
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