Category Archives: Uncategorized

1. The judgment of the Supreme Court in the case of Sai Kamal Shivaji Pokarnekar Vs State of Maharashtra in Crl.A.255/2019 (DD 12.02.2019) is likely to open floodgates for frivolous complaints which arise out of disputes purely of civil nature.  2. It is true that a wrong may give rise to both civil and criminal liability …

Continue reading ““Disguising civil disputes as criminal offences.””

Mallappa Ramappa Naik and others vs Ittappa Ramappa Banti @ Heggani and others. Regular Second Appeal 1811/2005 decided on 14 October 2020. Justice V. Shrishananda. Judgment Link: (High Court server down. Will update link later. ) Relevant Paragraphs: 13. Order XX Rule 5 CPC contemplates a mandatory duty on Trial Court to answer all issues …

Continue reading “Civil Procedure Code. Trial Court is bound to answer all issues framed in a suit. Failure vitiates entire judgment subject to exception. Karnataka High Court. 14:10:2020”

A batch of Writ Appeal/Petitions, nine Senior Advocates including Solicitor General of India and Additional Solicitor General of India, more than 25 instructing counsel – all logged in from different parts of the country and one from abroad, 5000 pages of documentation and marathon hearing for 25 working days including two Court holidays, totally 61 …

Continue reading “No case is too big. No hearing is too long. No excuse. Virtual Courts are here to stay!”

Beerappa vs The State through Town P.S. Yadgiri. Criminal Appeal 200036/2015 decided on 4 September 2020. Justice Krishna S Dixit and Justice Krishna P Bhat. (author, Justice Krishna P Bhat). Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/338981/1/CRLA200036-15-04-09-2020.pdf “What is a dying declaration? It is vain on our part to attempt to define the term, for, it ought to remain …

Continue reading “Dying Declaration anatomised- “Death waiting at the doorsteps gives a unique serenity to the mind compelling the maker to state nothing but the truth.” – Karnataka High Court. 4:9:2020″

The recently concluded, longest Virtual Court via video conference by the Karnataka High Court (Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi) in Securities Exchange Board of India vs Franklin Templeton Trustees Services Pvt Ltd & others (Writ Appeal 399/2020 and connected matters decided on 24 October 2020), is a clear indication of …

Continue reading “Virtual Courts as ‘Global Disputes Redressal Forums’ – An emerging perspective.”

Jayamma vs The Regional Commissioner and others. Writ Petition 11768/2020 decided on 23 October 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345337/1/WP11768-20-23-10-2020.pdf Note: This is a case where the President of Jilla Panchayat in earlier round of Writ Petition opted  to  take benefit of Rule 3(2) of  the  new  Rules,  2020 under the Karnataka Gram Swaraj and Panchayat Raj …

Continue reading ““A person taking advantage or benefit of a provision of law, shall not be permitted to raise a challenge to the very same provision under which the benefit was taken” – Authoritative Judgment on the point. Karnataka High Court. 23:10:2020″

V.M. Narayana Swamy and another vs The State of Karnataka and another. Writ Petition 43810/2018 decided on 26 March 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/331592/1/WP43810-18-26-03-2020.pdf Relevant Paragraphs 8. …following point would arise for our consideration: “Whether the Lokayukta/Upa Lokayukta under the Act has jurisdiction to investigate and hold an enquiry in respect of allegation made in the …

Continue reading “Karnataka Lokayukta Act, 1984. Public Servant being office bearer of a Society registered under the Karnataka Societies Registration Act, 1960. Lokayukta has no jurisdiction to investigate against such person qua Society, unless the Society is controlled by the State Government. Karnataka High Court. 26:3:2020”

Ramu and others vs State and others. Criminal Appeal 246/2014 & connected appeals, decided on 21 October 2020. Justice B. Veerappa and Justice K. Natarajan. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/344930/1/CRLA246-14-21-10-2020.pdf In one of the landmark judgments on Criminal law reforms, the Karnataka High Court expressed anguish over the beastly behaviour of the accused in committing gang rape …

Continue reading “Landmark Judgment on Criminal Law reforms. “Rape is not only a crime against women; it’s a crime against the entire civilized society. Physical scar will heal up but mental scar will remain forever”. Gang rapists to be imposed capital punishment- Karnataka High Court recommends.”

Ratnamma Baramappa Nagara and others vs State of Karnataka and others. Writ Petition 146835-853/2020 decided on 27 August 2020. Justice Sachin Shankar Magadum. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/339068/1/WP146835-20-27-08-2020.pdf Relevant paragraphs: 25. The question that would arise before this Court is, once the members of Zilla Panchayath resolve to initiate no-confidence motion against the fourth respondent-President, whether the …

Continue reading “No confidence motion. Right under the Act cannot fail due to non-framing of Rules. Enforcement of rights under plenary legislation cannot depend on subordinate legislation. Karnataka High Court. 27:8:2020”

Jayavani vs P. Geetha and others. Writ Petition 52861/2019 decided on 16 October 2020. Justice Krishna S Dixit. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/344729/1/WP52861-19-16-10-2020.pdf Relevant Paragraphs: 5. By now, it is well established that democracy and republicanism are the basic features of  the  Constitution;  about half a century ago, this Court in Sri. S Nagangound vs Y. Basy …

Continue reading “Election Petition. Tribunal has no power to grant interim order staying election of the returned candidate. Karnataka High Court 16:10:2020”