S. Basavaraj, Advocate, Daksha Legal The decentralization of power and vesting of powers to people at grassroots level has also created scenario which we can witness at the top level. One of the most litigated issue is motion of ‘No Confidence’ being moved against the heads of local-self government i.e. Zilla Panchayats, Taluka Panchayats and …
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Powers of Bar Council when a complaint alleging misconduct also discloses a serious offence.
Can a Bar Council, which receives a complaint under Section 35 of the Advocates Act 1961, apart from initiating proceedings under the Act, also refer the matter to the law enforcement authority like Police if the complaint reveals a serious/cognizable offence? The settled legal position has been that every citizen is also an ‘informant’ of …
‘Equal Pay for Equal Work’. Workers employed by public undertaking directly and through Contractor. Both are entitled for the same benefits. Karnataka High Court 9:10:2020
Gururaj Shenoy vs The Deputy Chief Labour Commissioner. and ohers. Writ Petition 11249/2015 decided on 9 October 2020. Justice N.S. Sanjay Gowda. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343703/1/WP11249-15-09-10-2020.pdf Relevant Paragraphs: 4. In all these writ petitions, the validity of the orders passed in favour of the contract labour working at the Food Storage Depot at Udupi and Mysuru, …
Vehicle (auto riksha) plying outside permit area. Such permit violation does NOT absolve insurer of it’s liability. ‘Pay and recover’ principle applied. Karnataka High Court. 7 October 2020.
Dilip vs Nitin Jain. M.F.A. 200139/2018. Decided on 7 October 2020. Justice Siddappa Sunil Dutt Yadav and Justice P. Krishna Bhat. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343597/1/MFA200139-18-07-10-2020.pdf Relevant Paragraphs. 4. The only contention urged on behalf of the appellant is that the learned Tribunal was in error in absolving the Insurer of the offending vehicle, only on the …
Place of inquiry and trial in case of continuing matrimonial offence. High Court cancels transfer of criminal case and orders re-transmission of case to wife’s place. Karnataka High Court. 25 September 2020.
K.A.Priyanka vs The Superintendent of Police, Kalburgi. Writ Petition 226407/2020. Decided on 25 September 2020. Justice Hanchate Sanjeevkumar. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343068/1/WP226407-20-25-09-2020.pdf Relevant Paragraphs : Paragraph 6. Regarding controversy involved into the case, the relevant provisions has to be considered Sections 177, 178 and 179 of Cr.PC. stipulate as follows.“177. Ordinary place of inquiry and trial– …
Criminal Procedure Code. Complaint to Magistrate backed by affidavit. Does NOT apply where complaint can be filed only under Section 200 like complaint under NI Act or by public authority under a statute. Karnataka High Court 28:9:2020.
Prakash Raj @ Praksah Rai vs State of Karnataka and another. Criminal Petition 2394/2020 decided on 28 September 2020. Justice Sreenivas Harish Kumar. Judgment link: https://karnatakajudiciary.kar.nic.in/noticeBoard/CRL-P-2394-2020.pdf Held: Paragraph 8 The conspectus of the ratio is that affidavit is necessary to be filed with the complaint only in those cases where the police fail to take …
Defamation. Truth of imputation and publication for the public good both must be proved by accused to attract exception. Other exceptions discussed. Freedom of speech and expression cannot invade right to life. Karnataka High Court 18:9:2020.
Selvina Kom Peter Byarko vs Ganesh P and another. Criminal Appeal 2593/2020 decided on 18:8:2020. Justice M.G. Uma. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/340573/1/CRLA2593-11-18-08-2020.pdf Relevant Paragraphs: 19. Under Section 499 of IPC, if any imputation concerning a person is published with an intention or knowledge or having reason to believe that such imputation will harm the reputation of …
Land acquisition under BDA Act will not lapse when acquisition is complete even though the Scheme has lapsed. Incomplete acquisition quashed. Karnataka High Court 5:10:2020.
Savitramma and others vs The State of Karnataka and others. Writ Petition 10824/2009 decided on 5 October 2020. Justice M.I. Arun. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343263/1/WP10824-09-05-10-2020.pdf Legislation: Bangalore Development Authority Act, 1976. Sections 27 and 36. Land Acquisition Act. Relevant Paragraphs: 12. The question that arises for consideration in the present writ petition is whether the scheme …
Custody of minor child. Landmark judgment on the concept of “shared parenting”. Karnataka High Court 11:9:2020
Savitha Seetharam vs Rajiv Vijayasarathy Rathnam. M.FA. 1536/2017 decided on 11 September 2020. Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda. Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/340069/1/MFA1536-15-11-09-2020.pdf HELD: 8. Whenever, the husband and wife seek to dissolve their marriage, the conflict over the custody of the child, particularly a minor child, assumes significance. Whenever there is opposition by …
Judicial pronouncements override Government circulars. Termination of temporary employee on alleged criminal acts. Domestic enquiry is mandatory. Karnataka High Court. 1:10:2020
K.S. Nanjegowda vs The State of Karnataka and others. Writ Petition 30375/2010. Decided on 1 October 2020. Justice P.B.Bajanthri. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/343323/1/WP30375-10-01-10-2020.pdf Held 10…Status of the employees is temporary or daily wagers, still having regard to the serious allegations leveled against the petitioners that they were involved in alleged demand and acceptance of illegal gratification …
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