Important Judgements delivered by Justice B.M. Shyam Prasad. Karnataka High Court.
Property inherited by a female from her parents reverts back to heirs of her father on she dying intestate and without issues. Suit for declaration by husband claiming such property ought to be rejected under Order 7 rule 11. Karnataka High Court.
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Once parties acknowledge existence of arbitration clause, Court can appoint arbitrator even if stamp duty is insufficiently paid. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/u2ntQqAc5HYTyzYrqEjahBZVD
When the prosecution fails to prove major offence, the minor and related offence falls into insignificance and the accused will be entitled to acquittal. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/6kOPhZhSX9PhLmdSbdJoyg0VF
Arbitration and Conciliation Act. When arbitrator withdraws from the office, substitute arbitrator can be appointed only under Section 11 read with Section 15 and under Section 29A(4) thereof. Karnataka High Court.
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Appeal court should not allow amendment unless there is an error in the decree of the trial court and when the amendment relieves the party who lost the case from the consequences of a decision rendered on merits. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/C2RKlsSnuzv8PR0K2MiDB7jnv
Karnataka Court Fees and Suits Valuation Act, 1958. Suit for cancellation of sale deed in respect of agricultural land. Valuation is based on the land revenue and not on the amount shown in the sale deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XHwSeoIldKEHJ5yZMh1SbjsQr
Property inherited by a female from her parents reverts back to heirs of her father on she dying intestate and without issues. Suit for declaration by husband claiming such property ought to be rejected under Order 7 rule 11. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/NWLKO48RRXZ6i2vVzSBW34wIs
Karnataka Land Revenue Act. Questions of facts that impact title cannot be decided in proceedings under Chapter XI. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PQZXALCma7nn1QdRZlH6HMjTR
Bombay Pargana and Kulkarni Watan Abolition Act. Watan property belongs to the entire family, with all family members having hereditary interests eligible for a share. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/d801eebeebce168cfd5d15d9
Karnataka Stamp Act. Civil court cannot delegate its power to the District Registrar of Stamps to decide on the nature of the document and to determine the deficit duty. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/66fa35b9e9f839de43052b77
Petition for Succession Certificate under Section 372 of the Indian Succession Act cannot be dismissed solely on the ground of limitation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ITALzJNwgnLNch6fj8kRkXZe8
Wife with good educational qualification who quit salaried employment without any reason cannot demand maintenance under Section 125 Cr.P.C. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Sg2NM9xS3d6MhzG0vztcItRkB
BBMP Act. Improvement expenses can be collected in instalments for transfer of khata. Non-payment of instalment cannot be a reason to deny benefit of revenue entry since the amount can be recovered in accordance with law. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/C8UCbF2KQuWY52iJwpRa2yjvY
Inter-State transmission of electricity under Section 11 of the Electricity Act 2003 can be regulated only by the Central Government. Karnataka High Court nullifies order of the State Government.
https://www.dakshalegal.com/judgements/actionView/zZfWEQ0cWCvVIsvMXnhaEiyIy
Pious obligation under the amended Section 6 of the Hindu Succession Act arises only if the plaintiff is able to demonstrate that the defendant has inherited some asset or estate from the deceased debtor. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0dh92Sr6cpwIhzWXoNDOgZbP1
Once a property is brought under BBMP limits, the Karnataka Land Revenue Act ceases to apply. Denial of a consolidated Khatha on the ground of non-conversion of the land is not sustainable. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/b0c394330292d5deedc2a52b
Writ jurisdiction. The State is not exempt from the application of the doctrine of delay and laches, as an unexplained delay is fatal and prevents the re-opening of a finality attained by an order of the Tribunal. Karnataka High Court.
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Hindu Marriage Act. The right of a spouse to receive permanent alimony under Section 25 is not only available at the time of passing of a decree but any time subsequent thereto on an application. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/2c33ab13c3ee6b83cd477af9
Family Courts should liberally allow an amendment to include a prayer for permanent alimony in a matrimonial petition, even at a later stage, as permanent alimony is a relief incidental to the main prayer for dissolution of marriage. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/edc8636570961103bf792555
Payment of Gratuity Act. The Controlling Authority has the discretion to decide whether to levy compound interest on delayed gratuity payments under Section 8, after providing the employer a reasonable opportunity to present its case. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/d489ff425eb1d2ad5d37d483
Karnataka Grama Swaraj and Panchayat Raj Act. If a Grama Panchayat does not communicate its decision on an application for a building license or trade license within 60 days, the licenses are deemed to have been granted by operation of law. The authority cannot later invalidate the deemed approval. Karnataka High Court.
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When a development has been approved under a prevailing Interim Master Plan, the subsequent notification of a final Master Plan that alters the land use designation does not revoke the prior development approval. The validity of the prior approval persists, especially where the developer has acted in accordance with it and third-party rights have been created. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/dd630de315f29256e403d3fd
Karnataka Rent Act. Carpet area and the area covered by the walls of the premises, constitutes ‘plinth area’, which is to be taken into consideration for the purpose of application of the Act. Karnataka High Court.
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