M/s. Jagadish Advertising vs. Designated Committee and others. Writ Petition 7801/2020 decided on 19 August 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/338063/1/WP7801-20-19-08-2020.pdf HELD: The term “verify the correctness””in Section 126 of the Finance (No.2) Act, 2019 and Rule 6 of the Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019 cannot be stretched to mean that the Designated Committee …
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Writ Proceedings. The Limitation Act does not strictly apply to the writ jurisdiction. Rejection of writ petition on the ground of delay is only a rule of discretion by exercise of self-restraint and not a mandatory requirement. Supreme Court 6:11:2020.
VETINDIA PHARMACEUTICALS LIMITED vs STATE OF UTTAR PRADESH AND ANOTHER. CIVIL APPEAL NO.3647 OF 2020 decided on 6 November 2020. Judgment Link: https://main.sci.gov.in/supremecourt/2020/5173/5173_2020_35_1501_24640_Judgement_06-Nov-2020.pdf That brings us to the question of delay. There is no doubtthat the High Court in its discretionary jurisdiction may declineto exercise the discretionary writ jurisdiction on ground of delayin approaching the …
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. All insults or intimidations to a person will NOT be an offence under the Act unless such insult or intimidation is “on account of victim belonging to Scheduled Caste or Scheduled Tribe”. Supreme Court 5:11:2020.
Hitesh Verma vs The State of Uttarakhand & another. Criminal Appeal 707 of 2020 decided on 5 November 2020. Justice L. Nageswara Rao, Justice Hemant Gupta, Justice Ajay Rastogi Judgment Link: https://main.sci.gov.in/supremecourt/2020/16256/16256_2020_35_1503_24580_Judgement_05-Nov-2020.pdf Relevant Paragraphs: 9. The long title of the Act is to prevent the commission of offences of atrocities against the members of the …
Research Assistance (from Daksha Legal interns)
This is a win-win scenario for advocates and Daksha Legal interns. Law students from reputed colleges across the country join Daksha Legal as interns for a month. Due to covid, this year, it is only online internship. Hence I have opened this platform. It works like this. Join Daksha Legal Facebook group by using this …
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Service Law. In the event of deputation without a fixed tenure, the order of repatriation or reversion can be questioned only when the order of reversion is malafide or is vitiated by legal malice. Karnataka High Court.
Dr. A. Rangaswamy vs The State of Karnataka and others. Writ Petition 44995/2016 decided on 10 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/340658/1/WP44995-16-10-09-2020.pdf Relevant Paragraphs: 6….The learned counsel for the petitioner would place reliance on the ruling of the Hon’ble Apex Court rendered in the case of Union of India through Govt. of Pondicherry and Another Vs. …
Civil Procedure Code. Cause of action. Latest judgment of the Supreme Court 5:11:2020.
SHANTI DEVI ALIAS SHANTI MISHRA vs UNION OF INDIA & ORS. CIVIL APPEAL NO.3630 of 2020 decided on 5 November 2020 Judgment Link: https://main.sci.gov.in/supremecourt/2018/25048/25048_2018_34_1501_24598_Judgement_05-Nov-2020.pdf Mulla on the Code of Civil Procedure whilecommenting on Section 20 of the Civil Procedure Codedefined cause of action in following words:-“The expression ’cause of action’ hasacquired a judicially settled meaning. …
Government retaining excess money paid by citizen. Same amounts to unjust enrichment and is violative of Article 265 of the Constitution. Writ petition is maintainable seeking refund. Karnataka High Court.
Dalmiya Cement Venture Limited vs The State of Karnataka and others. Writ Petition 104140/2013 decided on 22 August 2017. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/183184/1/WP104140-13-22-08-2017.pdf Relevant Paragraphs: 7. It is significant to note that the respondent No.4 admitted the excess stamp duty paid by the petitioner. 9 . The Hon’ble Apex Court in the case of Mafatlal Industries …
Bar on transfer of tenanted lands under the Karnataka Land Reforms Act. Even the agreement of sale is hit by such prohibition. Purchaser is not entitled to protection under Section 53A of the Transfer of Property Act. Karnataka High Court.
Late Laxman Lakkappa Durgannavar by lrs. vs Yellawwa and others. Regular Second Appeal 2221/2005 decided on 12 March 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/333167/1/RSA2221-05-12-03-2020.pdf Relevant Paragraphs: …17. The Karnataka Land Reforms Act, 1961 creates an embargo on transfer of land within 15 years from the date of the order of Land Tribunal. The language used in Section …
Custodial torture resulting in death. Act of the Police Officials is like “fence itself eating the crop”. Petition for anticipatory bail rejected. Karnataka High Court. 22:10:2020
Rakesh vs The State of Karnataka and others. Criminal Petition 2072/2020 & connected cases decided on 22 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346590/1/CRLP2972-20-22-10-2020.pdf Relevant Paragraphs: Paragraph 10. On close reading of the Post Mortem Report, it indicates that the deceased has suffered with 16 serious injuries inflicted on his body and contents of the complaint clearly …
Registration Act, 1908. Compulsorily registrable but unregistered document can be received in evidence to prove admission made therein about another document which does not require registration. Karnataka High Court.
Gangamma vs Rangaiah and others. Writ Petition 15209/2015 decided on 21 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346526/1/WP15209-15-21-10-2020.pdf Facts: In a suit for declaration, the plaintiff wanted to produce unregistered release deed in which there was an admission regarding the will under which the plaintiff claimed ownership. The trial court rejected the prayer. Relevant Paragraphs: 11. It …
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