Important judgments delivered by Justice Suraj Govindaraj. Karnataka High Court.
1 Labour Law. Dismissal of workman on the ground of loss of confidence of the employer in the workman would not prevent the Labour Court from passing an order of reinstatement. ..
https://dakshalegal.com/judgements/actionView/G1thv6CTExOr9SQw8qfSKKhfY
2 KT & CP Act. When designation of land in the Master Plan as park is lapsed due to non-acquisition within five years, the landowner is entitled for conversion of the land as per the new classification of the land under the Master Plan. .
https://dakshalegal.com/judgements/actionView/nm19csYtxwSXa1tdrxwIQh09c
3 Industrial Disputes Act. An order refusing permission under Section 33(2)(b) can be challenged by way of a Writ Petition in appropriate cases. ..
https://dakshalegal.com/judgements/actionView/wU4BZGazuANvvIEy3nX2gAaEl
4 Labour Law. Once a domestic enquiry is held to be fair and proper, the labour Court cannot hold the contents of the enquiry report to be perverse and set aside the order on that basis. ..
https://dakshalegal.com/judgements/actionView/G5c2pBGLNkC4UIw08dSOlV9Ny
5 Karnataka Societies Registration Act. Erstwhile office members cannot process election to the Society after the appointment of an administrator merely because the administrator has not taken charge. ..
https://dakshalegal.com/judgements/actionView/wY4lFwKBfwBQLCXexQmFQkkzk
6 Karnataka Cooperative Societies Act. Special Officer cannot be appointed on the ground of resignation of directors without waiting for 15 days period prescribed under Section 29(B) to withdraw the resignations. ..
https://dakshalegal.com/judgements/actionView/rDzZKvBC2pSsW4n8CtsM8QB0s
7 Change of land use is not required under the KTCP Act to run educational institution once the land is converted under the KLR Act for non-agricultural/educational purposes.
https://dakshalegal.com/judgements/actionView/NTAWFiMBqmhSa1rvzC95Rw7Xi
8 Repair work of the building demolished for road widening, to make it usable, does not amount to re-construction. No action can be initiated under the Karnataka Municipal Corporations Act. ..
https://dakshalegal.com/judgements/actionView/Uyv3EtyG6nQ9NXYvYpnhgZPiL
9 Property derived by a female Hindu post the amendment to Section 6 of the Hindu Succession Act would become her absolute property and a coparcenary or joint family cannot be created by or under her. .. (DB)
https://dakshalegal.com/judgements/actionView/AHTV2tPS9suZ86WoR7nXVrtF0
10 Karnataka Land Reforms Act, 1961. Proceedings under Sections 79A and 79B can NOT be initiated after the agricultural land is converted to non-agricultural purpose. ..
https://dakshalegal.com/judgements/actionView/plMHXL87CNfV93WUZuZKlVQCj
11 If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied.
https://dakshalegal.com/judgements/actionView/WmYThpM28DJ8YSrSev8msoKrI
12 Land acquisition notification after 19 December 2013, the date on which the 2013 Act was notified to come into force on 1 January 2014, could be issued only under the 2013 Act and not under the 1894 Act. ..
https://dakshalegal.com/judgements/actionView/pnNSC5QZ6QfCBJSair4jKSN0j
13 If possession of property is handed over before or subsequent to execution of document, stamp duty under Article 5(e)(i) of the Karnataka Stamp can NOT be levied.
https://dakshalegal.com/judgements/actionView/WmYThpM28DJ8YSrSev8msoKrI
14 Workman cannot be dismissed without taking the approval of the Industrial Tribunal in terms of Section 33(2)(b) of the Industrial Disputes Act when proceedings are pending. ..
https://dakshalegal.com/judgements/actionView/Zz0Jz9ZQI6qNhl3OOq3kQSdi4
15 Land acquisition. If compensation of some landowners is enhanced, other landowners under same notification are automatically entitled to enhanced Compensation. Duty of the State to notify all other landowners about the enhancement.
https://dakshalegal.com/judgements/actionView/GNGySBcAcVVuNMZq14dtnt4GN
16 Trust registered under the Trust Act is entitled to get liquor license under the amended Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968. . disposes Writ Petition challenging non-inclusion of Trusts.
https://dakshalegal.com/judgements/actionView/5FZ6PKP5R9ybFsVoB5dFDMdRW
17 Contract Labour (Regulation & Abolition) Act, 1970 & Rules 1971. Notification under Section 10(1) is not a pre-requisite for the Tribunal to decide matters relating to reinstatement or regularization of services of contract labour. ..
https://dakshalegal.com/judgements/actionView/wx1jqT0RqIlc4fHRZNeCR7zrG
18 Proceedings under Section 79(A) & (B) of the Karnataka Land Reforms Act can NOT be initiated against purchaser of converted agricultural property. ..
https://dakshalegal.com/judgements/actionView/FbE5c913Jm3ll7axWRgSvVHbp
19 Change of partners in a partnership concern holding excise license amounts to transfer of excise license. Authorities can cancel license for violation of condition against transfer of license. ..
https://dakshalegal.com/judgements/actionView/55RSxoygMeE8rPPNZk1UaV2Kb
20 Suit for partition. Registration of a sale deed in respect of joint family property would amount to constructive notice to all members of the joint family SCST and the period of limitation would commence from the date of such registration. ..
https://dakshalegal.com/judgements/actionView/5HpsEiKX16RiKmF5peIIqLKpk
21 Labour Law. Dispute regarding termination can be raised before the Labour Court within whose jurisdiction the employee worked last and received the termination letter and not from the place of origin of termination letter. ..
https://dakshalegal.com/judgements/actionView/fXlAzntmj1dAs5hmcc9RgdTt2
22 Cr.P.C. Sections 82 and 83. Even an agreement holder can challenge the attachment on the ground that he has an interest in the property provided the agreement is bonafide and not fraudulent. ..
https://dakshalegal.com/judgements/actionView/Ul11rUyBi6KzLsSCGm1GVrKA0
23 In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. ..
https://dakshalegal.com/judgements/actionView/yac9TIe4JwB5vLqBYkQQGcIny
24 Labour Law. When workman files statutory appeal as also claim petition under section 10(4-A)of ID Act, in the event of either one of them being disposed, the other proceeding would become infructuous and required to be dismissed as such. .
https://dakshalegal.com/judgements/actionView/iG2Y2hVKJQ61HLgji3JVea3yU
25 Claim made by a workmen for payment of minimum wages is not a dispute covered under Section 70 of Karnataka Co-operative Societies Act, 1959. ..
https://dakshalegal.com/judgements/actionView/zLrl3q4pyhtGseDqDn4mBryXr
26 Motor Vehicle Act. Insurance company not limiting insurance policy till fitness certificate period can not escape liability on the ground that vehicle’s fitness certificate lapsed on the date of accident. ..
https://dakshalegal.com/judgements/actionView/RjegwADtKvQbnHbHQaqiHpPN2
27 Criminal Procedure Code. Section 93. Search warrant can be issued by the Magistrate without issuing a summons under Section 91. ..
https://dakshalegal.com/judgements/actionView/O5asl4ppbbQxlNU0bNHAsaYFs
28 Plaint in a suit for partition based on amended Section 6 of the Hindu Succession Act is liable to be rejected if there is clear admission in the plaint about registered partition of ancestral properties prior to the amendment. ..
https://dakshalegal.com/judgements/actionView/AqiH79AYRqh6uAL1goeyPue3D
29 Once the Disabilities Act comes into force, Circulars cannot be relied on to downgrade the cadre as also to fix the pay-scale as per the downgraded cadre. ..
https://dakshalegal.com/judgements/actionView/tOb8b7Zlxd4xtFu2hYvsv5pNT
30 Forcible, unauthorised, Illegal encroachment of private property by BDA. . orders allotment of equivalent developed land to the owner. Imposes cost of 5 lakhs to be recovered from the officers at default.
https://dakshalegal.com/judgements/actionView/SCjleBmmnga5F5in7edNyDeqJ
31 Valuation of Suit. Suit for specific performance. Only value of the property shown in the agreement has to be considered for the purpose of jurisdiction. ..
https://dakshalegal.com/judgements/actionView/jiFI8QtucR4jGEld3bKYKFP1M
32 Service Law. Premature transfer cannot be ordered simply because of the complaints against the public servant. ..
https://dakshalegal.com/judgements/actionView/cm3plwrf2A0cXpcuxRJQQqbIy
33 Corporation carrying out perennial works through contractor employing Pourakarmikas. . orders regularisation against sanctioned vacant posts.
https://dakshalegal.com/judgements/actionView/WalfPR11rJYOMcublnw04swhN
34 Digitization of Criminal Investigation. . issues comprehensive directions.
https://dakshalegal.com/judgements/actionView/1GMezHajQiB10bbbZwRzzV9oe
35 In case of termination of an individual employee/workman by a individual notice, a dispute can be raised by such individual workman in terms of Section 10(4-A) of the ID Act.
https://dakshalegal.com/judgements/actionView/nSEZgRsqqu1gJnuBTKCJnuIrr
36 POCSO Act. Increasing cases of minor girls above the age of 16 years having love/sexual relationship resulting in criminal prosecutions. . asks Law Commission of India to rethink on the age criteria.
https://dakshalegal.com/judgements/actionView/ofcIm3beRTfBW25AsdHqszJBB
37 Digitalize the criminal investigation by videographing dying declaration and recording statements electronically with digital signatures. . issues guidelines.
https://dakshalegal.com/judgements/actionView/5YkwePBIxS4JQhxMxwiPrh8Cb
38 Mischief by killing or maiming animals. Mens rea, animus or intention is required to be established to constitute offences under Section 428 or Section 429 of IPC. ..
https://dakshalegal.com/judgements/actionView/DQNuFFbQo5xmzvkMbqCqm5w9L
39 Legal Metrology (Packed Commodities) Rules, 2011. Compounding of an offence by one accused will not prevent the other accused from seeking quashment of the proceedings. ..
https://dakshalegal.com/judgements/actionView/O6ebbbxRZOAdYRHPjaxH5i2AT
40 Mines And Minerals (Development And Regulation) Act, 1957. Geologist can initiate criminal proceedings under Mines and Minerals for the offences under the Act.
https://dakshalegal.com/judgements/actionView/e5u4oU63V0Deggh1klpeu0F5A
41 Accident involving pet or animal does not attract the provisions of the Motor Vehicles Act or the Indian Penal Code. ..
https://dakshalegal.com/judgements/actionView/NcIKN2TRD2T8GJH4cJK18DNX2
42 When a document is fabricated before the Sub-Registrar, bar under Section 195(1)(a)(i) Cr.P.C applies only to proceedings under Section 177 and not under Sections 419, 420, 468 and 471, IPC. ..
https://dakshalegal.com/judgements/actionView/RnJeaWZqBHmNfrh4W8OieBWzi
43 Arbitration and Conciliation Centre being run under the aegis of the High Court of Karnataka can appoint an Arbitrator if any of the parties individually or both the parties jointly were to approach the centre for such appointment. ..
https://dakshalegal.com/judgements/actionView/yJp8xzkv7KRvUcF4ImxebZWvr
44 Legal Metrology (Packed Commodities) Rules, 2011. When liquid item is sold, the declaration in terms of weight/measures can be done either by weight or volume. ..
https://dakshalegal.com/judgements/actionView/QCpAbgVQTNqGl4xNjjCGT1t8c
45 Refusal to pay cost of the arbitration by a party cannot be a ground not to appoint arbitrator if the other party is ready to pay entire arbitration cost. ..
https://dakshalegal.com/judgements/actionView/hlpgc3fQSUAkmrXVqxR6kcQze
46 An absconder cannot claim benefit of default bail under Section 167 (2) Cr.P.C. ..
https://dakshalegal.com/judgements/actionView/o2ZF5wuxJCJHHBYB7pudKwzYL
47 Even an employee on a contractual basis is entitled to provident fund. There is no requirement of a master-servant relationship with the master exercising supervision and control over the employee. ..
https://dakshalegal.com/judgements/actionView/76AUKKbA2igRzYDOe5ohDGv5Y
48 evenac is not entitled for default bail under Section 167 (2) Cr.P.C. in the event of charge sheet having already been filed before his arrest. ..
https://dakshalegal.com/judgements/actionView/uleBUcyIiptfoYgheWS5bbDJ4
49 Gratuity is paid to safeguard financial security of a person at the time of retirement. Bank cannot adjust gratuity amount payable to its employee towards outstanding loan account. ..
https://dakshalegal.com/judgements/actionView/hgJPVdTYBoN4sJFB7JO37BxK6
50 Merely because a client does not succeed in the matter and favourable orders were not passed in his favour, the client cannot make out a case that fraud and offence under Sections 406 and 420 of IPC has been committed by his Advocate. .
https://dakshalegal.com/judgements/actionView/xFLQ3NyVoLpXm3txgLujb0HhR
51 Factories Act. Manufacture being per se hazardous does not make the establishment hazardous. The process of manufacture being hazardous for workmen of a particular age group is the relevant test. ..
https://dakshalegal.com/judgements/actionView/QTgcf5lwWpofmCefQ446pAcJL
52 If a document has been fabricated for the purposes of usage in a Court and thereafter used in a Court, Section 195 of Cr.P.C. would come into play and only the Court can initiate the proceedings against the offender. ..
https://dakshalegal.com/judgements/actionView/aaREDjwUlMjGmIDPC2suIRX0c
53 Compensation towards drawing high-tension electricity lines. . approves fixation of 50% of the land value as compensation.
https://dakshalegal.com/judgements/actionView/wVXfvURg9BXu3Q5U551UVOfC1
54 Hindu Succession Act 1956. Karnataka amendment to Section 6 is applicable between 30:7:1994 to 8.9.2005. The Central amendment is applicable from 9:9:2005. ..
https://www.dakshalegal.com/judgements/actionView/QNgz3arjcTojBR2QicVhyrurJ
55 Hindu Succession Act 1956. Section 14 does NOT apply when there is admission by the woman and evidence on record that the property was purchased in her name from out of joint family funds. ..
https://www.dakshalegal.com/judgements/actionView/Ug4MkJs2PofFAX3ZAdzUllxHH
56 Financial moratorium. Writ against private banks to implement RBI Circular can be issued. ..
https://www.dakshalegal.com/judgements/actionView/cD6z4yZsD2wZh2JqTWLP2pWhF
57 RTI. Candidate can seek evaluated answer scripts from Public Service Commission.
https://www.dakshalegal.com/judgements/actionView/qPeG8VVtKNVqYQBcj1WAqWa2M
58 Information Technology Act. An intermediary or its directors and officers are not liable for any action or inaction on part of seller making use of facilities provided by the intermediary in terms of a website or market place. ..
https://www.dakshalegal.com/judgements/actionView/jEvxF66Q30p05bi3KBRNLPNz5
59 Bhoodan and Vidyadan Scheme. Owner cannot seek return of land once gifted. He can only seek direction for proper utilization of the land. ..
https://www.dakshalegal.com/judgements/actionView/aT9HHz3NCOPhoruTXt9hpG5rK
60 Companies Act 2013. Except the Registrar Shareholder and Official Liquidator no other person can initiate any criminal proceedings against a company for the offences under the Act. ..
https://www.dakshalegal.com/judgements/actionView/cj7OKu6i3a2K7KVsgeNfRfYqj
61 Director appointed by a Venture Capital Company can be prosecuted as regards criminal offences alleged against the company where investment is made. ..
https://www.dakshalegal.com/judgements/actionView/blonvXGY6KOXPCFXa8etlqoJ4
62 Income Tax Act. All the Directors of the Company cannot be automatically prosecuted for any violation of the Income Tax Act. There has to be specific allegations made against each of the Directors who is intended to be prosecuted. ..
https://www.dakshalegal.com/judgements/actionView/FkYliWXpOPPwh1zBmyJ5xZUbL
63 Educational Institutions. Property tax exemption would also apply to persons who have leased the property for educational purposes. ..
https://www.dakshalegal.com/judgements/actionView/k9KgiuRLk69mv62S389rvi7Es
64 Educational Institutions. Property tax exemption is available even to any land or building used for the purpose of educational institution or incidental thereto such as bank canteen and staff quarters. ..
https://www.dakshalegal.com/judgements/actionView/aneO4s04YSQSYpLCaq9fmllZs
65 Prevention of Money Laundering Act 2002. Investigating-arresting Officer must inform and provide copy of arrest order and grounds of arrest to the person being arrested. Mere oral information would not be sufficient. ..
https://www.dakshalegal.com/judgements/actionView/26EhqxuXfwUtQkvfc6sASu3Rs
66 SC/ST Prevention of Atrocities Act, 1989. High Court can NOT entertain bail petition under Section 438 & 439 Cr.P.C. Remedy against grant or refusal of bail by the Special Court is appeal to High Court under Section 14A. ..
https://www.dakshalegal.com/judgements/actionView/gSAIPVnSabl0SZqtoYw2EtTWX
67 Arbitration and Conciliation Act 1996. Manner of deciding petition under Section 34 explained. Guidelines laid down. ..
https://www.dakshalegal.com/judgements/actionView/VXu0nMUmTIDSrCBt86Ctn3Zfm
68 Local bodies. Consequences of conversion of Town Municipal Area into a City Municipal Area and absorbion of Panchayat into newly constituted City Municipal Council explained. ..
https://www.dakshalegal.com/judgements/actionView/y9D1XK7SGyn5m12lffLMrJ7jg
69 Income Tax Act, 1961. Section 80JJAA. Deduction in respect of employment of new workmen. Calendar year and not financial year is to be considered to compute completion of 300 days by the workmen. ..
https://www.dakshalegal.com/judgements/actionView/iFchyy2s5QYRoHCM4U5ASfFyq
70 Land acquisition. Determination and enhancement of compensation by reference court being a judicial exercise, benefit of the same should be made available even to those who did not approach the Court. ..
https://www.dakshalegal.com/judgements/actionView/h9tu5Qtejm4UF6cQKMJyKcwT9
71 'Total non application of mind'. . quashes consent for establishment issued by Karnataka State Pollution Control Board for Karwar Port Expansion Project. Orders fresh exercise.(DB)
https://www.dakshalegal.com/judgements/actionView/JKrWNHEEhMqecS3MyxKVJpWAa
72 'No instrumentality of the State or any litigant has a right to say that the order of the Court will not be complied with only because an ordinary copy of the order is supplied or that a certified copy is not supplied.' ..
https://www.dakshalegal.com/judgements/actionView/vkcMN3cMlvhEb9kk8sFLR1iMR
73 Buildings used for the purpose of running educational institution and/or incidental activity are exempted from payment of property tax under the Karnataka Municipalities Act even without making application seeking exemption. ..
https://www.dakshalegal.com/judgements/actionView/mvYVR5UfeY1VNeySCa05X9stT
74 Challenge to an award passed in an International Commercial Arbitration can be made before Commercial Division of a Single Judge Bench of the High Court. .. (DB)
https://www.dakshalegal.com/judgements/actionView/ydlEhdAvEPjpvqlX5tTzMfG2N
75 POCSO Act. Investigation Officer shall inform victim’s parents and legal counsel about bail application or any other application by the accused or the prosecution in the proceedings. .. (DB)
https://www.dakshalegal.com/judgements/actionView/iAvMROnGOkA8mV6bNXWIqKbsB
76 Defendant whose written statement taken as not filed and on dismissal of his application under Section 8(1) of the Arbitration and Conciliation Act can not seek permission to file written statement. ..
https://www.dakshalegal.com/judgements/actionView/vxsqepFIwum51fwGWMPjGzxsG
77 Court can record compromise among parties even after auction of subject property is completed since successful auction purchaser has no vested right till sale certificate is issued in his favour. ..
https://www.dakshalegal.com/judgements/actionView/lyQiVzAZV3HscHkrWvRvzudyz
78 ''Store information in electronic form and furnish upon receipt of application under the RTI Act at the earliest''. . directs Government of Karnataka.
https://www.dakshalegal.com/judgements/actionView/uMP4Xrt28mePnSQ5SrYwood8G
79 ''Issue notice well in advance giving sufficient time to the assessee to furnish documents''. . directs Income Tax Department.
https://www.dakshalegal.com/judgements/actionView/vhKxpR3IORBuE0iy1M9QNwdvC
80 Mere presentation of plaint without court fee does not amount to 'filing of suit'. By the time court fee is paid, if limitation runs out, suit is liable to be dismissed. ..
https://www.dakshalegal.com/judgements/actionView/CTrkmXpnEv79B8p7cUgp8hk0X
81 Police can NOT conduct preliminary enquiry when information disclosing commission of cognizable offence is received. Police can initiate such enquiry only after registering FIR. ..
https://www.dakshalegal.com/judgements/actionView/8h07KB8PcJbDdbCRnDil7P1pM
82 Defendant can seek injunction against plaintiff only under Order 39 Rule 1(a). He has no right to seek such injunction under Order 39 Rule (b) and (c). . reiterates.
https://www.dakshalegal.com/judgements/actionView/KKp8EDmF92cGCxcgYsLmzxgNC
83 If roster is not followed for the post of Mayor and Deputy Mayor of a local body in an election, persons belonging to that category must be accommodated in the next election. ..
https://www.dakshalegal.com/judgements/actionView/2uEN9KpBkAZZUEXVxaPZmoH7L
84 Impounding of entire sale agreement in a suit for specific performance for non payment of stamp duty is mandatory even though the suit is confined only one of several properties. ..
https://www.dakshalegal.com/judgements/actionView/71NlXV9US9odaH2ED4z76OR75
85 When a compromise is filed before the Court, only that Court must record the compromise. The matter cannot be referred to the Lok- Adalat. ..
https://www.dakshalegal.com/judgements/actionView/1obqnJNsIJaZU6EAFfNcJuqNl
86 Plaintiff in a suit cannot array defendant as represented by GPA holder with address of the said GPA holder without showing address of the defendant. ..
https://www.dakshalegal.com/judgements/actionView/eJRnoBlUt7Uc9PqpjhvDrfT7T
87 Appellate Court cannot decide criminal appeal before it by taking into account evidence recorded in another case even though it might be a cross-case or a counter case. . issues exhaustive guidelines.
https://www.dakshalegal.com/judgements/actionView/bhsWrPRyYV9oCFkT0RI6nzBkw
88 Electricity companies must insure power lines and equipments against any act of nature and claims arising out of electrocution of persons or destruction of crops. ..
https://www.dakshalegal.com/judgements/actionView/e9SXxlKBjHQHjt0526RH3MMvI
89 Call received on Police helpline disclosing cognizable offence shall also be considered as information for registering FIR. ..
https://www.dakshalegal.com/judgements/actionView/XlPFvXgaMiS0mz860jlB9Ppm8
90 One of the parties to a contract cannot delay appointment of Arbitrator by adopting multi-layered methodology to be gone through by the other party before invocation of Arbitration clause. ..
https://www.dakshalegal.com/judgements/actionView/d8Zi5C9RSqXLRzxZL3D5z8JOP
91 Grant of compensation towards loss due to erection of towers and drawing electricity lines based on sale price of adjacent land is correct. Law Commission must suggest payment of suitable compensation. ..
https://www.dakshalegal.com/judgements/actionView/K5RFC1UK4Gas1UkCbKeqfjItm
92 Allottee of a civic amenity site is not barred from seeking allotment of adjacent civic amenity site for expansion. Authority must consider the applications transparently. ..
https://www.dakshalegal.com/judgements/actionView/K7G2LWQUVCURwvuuRxbYYFgL3
93 ''Train the Officers exercising quasi-judicial powers to write proper orders instead of adopting copy and paste method''. . directs the State Government.
