Important Judgments delivered by Justice S R Krishna Kumar. Karnataka High Court.

1 Right of Persons with Disabilities Act. Visually impaired person cannot be driven to common law remedy when the offence committed against him attracts the RPD Act. .

https://dakshalegal.com/judgements/actionView/eeDvucNtihZWh8VrKjoY1DM9k

2 Stay of execution pending suit between decree holder and judgement debtor. Order 21 Rule 29 CPC will not apply to suits which are instituted subsequent to institution of the execution proceedings. .

https://dakshalegal.com/judgements/actionView/EXIWlWqAAKJokwlE9Bhr5lBqg

3 Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. .

https://dakshalegal.com/judgements/actionView/Yn3aGBzO2cTIfUr28Ell4GkmE

4 Trademarks of Company in liquidation are custodia legis of the Company Court. Only the Company Court can determine the ownership of the mark and declare any disposition as void. .

https://dakshalegal.com/judgements/actionView/p8WI3syHgsuBpFsqyFC1G6tEI

5 Order under section 148A(d) of the Income Tax Act, 1961 is invalid if the same is issued after three years of relevant assessment year and the amount escaped from tax is below Rs. 50 lakhs. .

https://dakshalegal.com/judgements/actionView/cO0QpNeE9byZt5F8t5krb5UMO

6 Social impact assessment prior to issuance of preliminary notification under the 2013 land acquisition Act must be by mandatory publication of the notification in the official gazette. Else the acquisition proceedings becomes illegal. .

https://dakshalegal.com/judgements/actionView/f6IOwhPKW9tKHd5AIywVCmAEj

7 Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. .

https://dakshalegal.com/judgements/actionView/UTv5BowxRs9w5OSH6sBpDSzSj

8 No income tax can be levied or deductible on compensation for acquiring lands under the Karnataka Industrial Areas Development Act in view of 2013 land acquisition Act. .

https://dakshalegal.com/judgements/actionView/L3EFVolIbR4Tnz2RcQknNpsJP

9 Determining CET rankings of 2021-22 batch students by taking only CET marks is illegal. .orders fresh ranking for admission to Engineering and Technology courses for the academic year 2022-23 by taking both PUC and CET marks.

https://dakshalegal.com/judgements/actionView/wqu9tOn0gxlYPG5VOuYOGtAaA

10 Provisional release of perishable goods under the Customs Act is permissible even during pendency of appeal and not confined to proceedings pending before the adjudicating officer. .

https://dakshalegal.com/judgements/actionView/EVqM3RT2gyDv7WkxmrF2nOIff

11 Production of additional evidence under Order 41 Rule 27, CPC cannot be as a matter of right. Party must explain why evidence could not be produced in trial court despite due diligence. .

https://dakshalegal.com/judgements/actionView/v31k58NbPd1OsBFhKu1XYaiy0

12 Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. .

https://dakshalegal.com/judgements/actionView/szjAwK3zozzdZxy49eUSZX0Sw

13 Interpretation of statutes. Proviso to a provision cannot control the main provision nor be interpreted in a manner which renders the main provision nugatory or otiose. .

https://dakshalegal.com/judgements/actionView/Bsyp0937ogbd2ktLRx1H646QU

14 “Right to nutritious food is a fundamental right of pregnant woman, lactating mothers and children’’. .directs the State Govt to implement ICDS without further delay and to submit compliance report.

https://dakshalegal.com/judgements/actionView/J3p0whIuu3WVheIOqu5yQxJJ0

15 No party should suffer due to the act of court. Right accrued as on the date of writ petition cannot be taken away by amendment inserted during the pendency of the petition. .

https://dakshalegal.com/judgements/actionView/pYn114W1jYuEh8Fcu7AAIP6VW

16 Arbitration & Conciliation Act. Even when limitation period to challenge arbitral award under Section 34 expired during closure/vacation of Courts, provisions of Section 4 of the Limitation Act cannot be invoked by the applicant. .

https://dakshalegal.com/judgements/actionView/3te4iLh23TBvRhUBvByspiN8c

17 Non-impleadment of particular Department in Writ Petition is not a ground for the State Government not to comply with Court order. .suggests appointment of Nodal Coordinating Officer.

https://dakshalegal.com/judgements/actionView/tQV6VTCNMhR2PEtNZd70zFeYi

18 ''Honour power purchase agreements and make prompt, regular and timely payments to power generators without any delay''. .directs ESCOMs while holding writ petitions maintainable to enforce PPAs.

https://dakshalegal.com/judgements/actionView/0M5RGBkCRo6DY6VyIK6FVq3Pn

19 ''Urban planning is a valuable force to achieve sustainable development.''. .upholds land acquisition for Dr.K.Shivaram Karanth Layout.

https://dakshalegal.com/judgements/actionView/DWBXNpKIMAFfY4lbnKH7j2Tae

20 ''Purchase of land by Karnataka Housing body without mandatory prior approval of State Government is void''. .cancels sale deed and restores land to the owner.

https://dakshalegal.com/judgements/actionView/SSK7pzV4jwned4sfTBwfU2g8M

21 Child custody. Non-custodial parent is entitled to equal number of days as with the custodial parent during holidays, festivals, birthdays and other important family functions. .issues guidelines.

https://dakshalegal.com/judgements/actionView/ShhgwqxyLXTGGmLU3LG8o7hgF

22 Registration of sale deed in the State of Karnataka. Sub-registrars can NOT insist on production of '11E' sketch for registration. Govt website to be updated accordingly. .

https://dakshalegal.com/judgements/actionView/uSDfEmha0CH4FZbtMYJJ33UEi

23 Civil Procedure Code. Order 39 Rules 1 and 2. Trial court has to apply its mind while granting ex-parte injunction. Passing cryptic, bald, laconic, unreasoned and non-speaking order is impermissible. .

https://dakshalegal.com/judgements/actionView/UU9YvPRevHdQ3Qw6rJZ9YsKUJ

25 Arbitration and Conciliation Act. Waiver of ineligibility of arbitrator under Section 12. In the absence of an express agreement between parties claim cannot be barred by principles of waiver acquiescence and estoppel. . 

https://dakshalegal.com/judgements/actionView/8AoM2W9Cr2m3o1UUtvjTFAzPg

26 Creating posts having trappings of the Ministers to overcome the upper ceiling limit under Article 164 1-A is ultra vires the constitutional mandate. .

https://dakshalegal.com/judgements/actionView/ce8s5Hnon0iS6H2o6KsjoeHsT

27 Non-impleadment of particular Department in Writ Petition is not a ground for the State Government not to comply with Court order. .suggests appointment of Nodal Coordinating Officer.

https://www.dakshalegal.com/judgements/actionView/tQV6VTCNMhR2PEtNZd70zFeYi

28 .applies the test of ‘manifest arbitrariness’ to strike down the Rule which whittled down GST refund of input taxes paid in the course of zero-rated supply and export.

https://www.dakshalegal.com/judgements/actionView/7lw14pngRyZRYxZQNa1XfAUY3“29 Betting and Gambling” under the CGST Act do not include Online/Electronic/Digital Rummy & Digital games which are games of skills. .

https://www.dakshalegal.com/judgements/actionView/CwlEO4NMeteK0hfQvfKjmnkMl

30 Rule 6 of Cenvat Credit Rules 2004 does not disallow common credit taken for manufacture of sugar even after 2015 amendment as bagasse is not a manufactured product. .

https://www.dakshalegal.com/judgements/actionView/d3oLr8sToEuNiR1fk878RHDtW

32 Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. .

https://www.dakshalegal.com/judgements/actionView/szjAwK3zozzdZxy49eUSZX0Sw

33 Land-owners whose lands were acquired for KIADB after 1 January 2014 are entitled to compensation under the Right to Fair Compensation and Resettlement Act, 2013. .

https://www.dakshalegal.com/judgements/actionView/UTv5BowxRs9w5OSH6sBpDSzSj

34 Social impact assessment prior to issuance of preliminary notification under the 2013 land acquisition Act must be by mandatory publication of the notification in the official gazette. Else the acquisition proceedings becomes illegal. .

https://www.dakshalegal.com/judgements/actionView/f6IOwhPKW9tKHd5AIywVCmAEj

35 Trademarks of Company in liquidation are custodia legis of the Company Court. Only the Company Court can determine the ownership of the mark and declare any disposition as void. .

https://www.dakshalegal.com/judgements/actionView/p8WI3syHgsuBpFsqyFC1G6tEI

36 Karnataka Court Fees and Suits Valuation Act. Suit for cancellation of sale deed. No need to pay ad-valorem court fee on the market value if the property is agricultural land. .

https://www.dakshalegal.com/judgements/actionView/YOYXNymUGHNwrwyulTFLR8F6m

37 Application under Order 21 Rule 29 CPC seeking stay of execution proceedings on the ground that the suit is instituted by the Judgment Debtor is maintainable only if the suit was instituted prior to filing of the execution petition. .

https://www.dakshalegal.com/judgements/actionView/LkFxUv9G8SZNI5hDMNhOORLtX

38 Expenditure incurred by assessee towards construction of houses for flood victims as per of the Government directions is liable for deduction under Section 37(1) of the Income Tax Act. . 

https://www.dakshalegal.com/judgements/actionView/szB18aTS3MlCWi0euvioMeKhf

39 Temple cannot be considered as a Civic Amenity area under the Bangalore Development Authority Act. .

https://www.dakshalegal.com/judgements/actionView/yngzYRj8kBR5EIj7qP0qZ67Fy

40 When the portion left in the layout plan for Ring Road, National Highway or Peripheral Road is not utilised for the said purpose and is diverted for other purpose, the landowner is entitled for TDR compensation. .

https://www.dakshalegal.com/judgements/actionView/wUiuEvkzU8ctfde7ue8W9kBqn

41 Karnataka Education Act. Mere change in the composition of the Governing Council or its members from time to time would not tantamount to change in the Governing Council. .

https://www.dakshalegal.com/judgements/actionView/kjU4rtqgkbOgYcOMysvcFXFUw

42 When educational institution is run on a property designated for educational purposes under the Master Plan and the zoning regulations, there is no requirement for conversion of the property specifically for educational purposes. .

https://www.dakshalegal.com/judgements/actionView/ZLlKKWFOkh8dJQ1Kb2KeNTBrd

43 Planning Authority cannot refuse ‘No Objection Certificate’ for establishing petrol bunk on the ground that the land is not converted for non-agricultural purposes. .

https://www.dakshalegal.com/judgements/actionView/wdA5v0uAbOMaSuQ6q37UrV2B8

44 Execution proceedings. Amendment of pleadings under Order VI Rule 17 CPC applies to objector/obstructor application under Order XXI Rule 97 CPC. .

https://www.dakshalegal.com/judgements/actionView/KUUWnn9tVJ1ewK79QL8LjDRa5

45 Indian Succession Act. Jurisdiction of the trial Court in relation to grant of Succession Certificate is in relation to place where the deceased ordinarily resided at the time of his death or where his movable properties are situated. .

https://www.dakshalegal.com/judgements/actionView/z3WXlvqfh27ffWfRoFeKbsGFd

46 Commercial Court is bound to order refund of the entire court fee when the matter is settled out of Court before recording evidence on the merits of the claim. .

https://www.dakshalegal.com/judgements/actionView/zZafLsfxuTWJ9QaJDFb8JTeo5

47 When there is no recital in sale agreement that possession of property is handed over to purchaser, Court cannot direct the party to pay stamp duty and penalty as per conveyance. .

https://www.dakshalegal.com/judgements/actionView/iahZGJa3RGC55Jek6rb9rTYGt

48 Property of grandfather directly inherited by grandson, when his father had predeceased the grandfather, becomes the self-acquired property of the grandson. .

https://www.dakshalegal.com/judgements/actionView/UWA9I0AfPh6cREH0zUKvQ7svj

49 Karnataka Municipalities Act. Advance notice to Municipality is not required in a suit for permanent injunction if the very object of filing the suit is defeated by delay. .

https://www.dakshalegal.com/judgements/actionView/V1yHBSc6rkNy252BgghuGo6pk

50 Principle of ‘’Boundaries prevail over Measurements’’ would not apply when the measurement/extent given in the document is clear, definite, specific, unambiguous and certain. .

https://www.dakshalegal.com/judgements/actionView/VEzLp33gdWVfi7uOlK55ob3qX

51 Contract Act. Section 65. Vendor cannot refuse to refund advance amount to the purchaser on the ground that the sale agreement itself was void or illegal. .

https://www.dakshalegal.com/judgements/actionView/8SybbIzmSohMSPqSSgtSMfrXg

52 Suit for injunction without disclosing identity of the property as required under Order 7 Rule 3 of the Civil Procedure Code is not maintainable. .

https://www.dakshalegal.com/judgements/actionView/sOhUDFINMAE6mQRCR1MT99ZoQ

53 Suit for ejection. Once the defendants admit landlord-tenant relationship vis-à-vis the plaintiff, they cannot question title of the plaintiff over the tenanted property. .

https://www.dakshalegal.com/judgements/actionView/qygn3cLEyOv1tLHiRmQDg3O5F

54 Co-operative banks can recover money either under the Karnataka Co-operative Societies Act, or under the SARFAESI Act. Their remedy cannot be restricted to SARFAESI Act. .

https://www.dakshalegal.com/judgements/actionView/09bbc01facbd365267a0202c

55 Karnataka Stamp Act. Stamp duty classification must be based on the express terms of the document and not on assumptions. A document cannot be classified as a ‘’sale agreement’’ unless it meets statutory requirements. .

https://www.dakshalegal.com/judgements/actionView/de69de9f35abff9d152d4d90

56 A compromise decree operates as a contract between parties superimposed with judicial approval and can only be set aside if fraud, misrepresentation, or undue influence is proven. Further, a separate suit challenging a compromise decree is not maintainable under Order 23 Rule 3A CPC. The only remedy available is to approach the court that recorded the compromise decree. .

https://www.dakshalegal.com/judgements/actionView/d748595d6e95b74af4da810f

57 Non-payment of the entire sale consideration does not render a registered sale deed invalid, as title transfers upon execution and registration. The appropriate remedy in such cases is to seek recovery of the unpaid amount rather than cancellation of the sale deed. .

https://www.dakshalegal.com/judgements/actionView/e3f7c9725526c4538d11b5bb

58 A registered sale deed cannot be declared null and void merely on allegations of fraud and coercion unless cogent evidence is presented. The burden of proof lies on the party asserting fraud. .

https://www.dakshalegal.com/judgements/actionView/5c83b5bfb8d9504ed61d6863

59 Development authority cannot refuse to implement resolutions dropping land acquisition if possession wasn't taken. Section 48 of Land Acquisition Act and Section 21 of General Clauses Act allow withdrawal/rescission of acquisition if original owners retain possession. .

https://www.dakshalegal.com/judgements/actionView/1bca8acecdd7fc81b41fef21

60 Hindu Law. Partition can take place only among persons having pre-existing right over property. Third party claiming right under an unregistered power of attorney cannot be allotted a share in a suit for partition. .

https://www.dakshalegal.com/judgements/actionView/cbfa70e3bdf314f7bb40c4c9

61 Salary of a legal heir appointed on compassionate grounds does not form part of the deceased’s estate and cannot be attached for recovering debts incurred by the deceased. Liability for such debts is limited to the property inherited, and coercive recovery from the legal heir’s independent earnings is impermissible under Rule 37(1) of the Karnataka Co-operative Societies Rules, 1960. .

https://www.dakshalegal.com/judgements/actionView/5eb40f732ba55e435764d422

62 A co-owner cannot enter into a sale agreement for the entire property without the consent of other co-owners. An agreement executed by a co-sharer without full ownership rights is not enforceable under Section 17 of the Specific Relief Act, 1963. .

https://www.dakshalegal.com/judgements/actionView/e394bf8d6719b4980b030f33

63 Criminal Procedure Code. Police notices under Section 41(A) cannot be served through WhatsApp, as it does not ensure proper legal service. .

https://www.dakshalegal.com/judgements/actionView/fbf894037202b73ddf979151

64 Plaint cannot be rejected by relying on the defendant's plea of res judicata or by considering contentions beyond the averments made in the plaint itself. The existence of a factual dispute necessitates a full trial for proper adjudication, rather than a summary dismissal at the initial stage. .

https://www.dakshalegal.com/judgements/actionView/bf0002f855ed33ac692d8c5b

65 Land Acquisition Act, 1894. Acquisition proceedings are rendered void if there is a failure to strictly adhere to statutory timelines and procedural safeguards, such as proper notification, effective hearing of objections, and timely award pronouncement with due approvals, thereby ensuring the protection of property rights against arbitrary state action. .

https://www.dakshalegal.com/judgements/actionView/0a061c7f05e7772da0a76f11

66 Hindu Law. Where a member of a Hindu Joint Family alienates joint family property without establishing 'kartha' status, legal necessity, or benefit of the estate, such alienation is valid only to the extent of his undivided share, and not against the shares of other co-parceners or subsequent bona fide purchasers of those shares. .

https://www.dakshalegal.com/judgements/actionView/df91fd67cb8ed2e8b86c23c0

67 Post-acquisition allottee has no locus standi to challenge de-notification of lands under acquisition relying on the doctrine of promissory estoppel. .

https://www.dakshalegal.com/judgements/actionView/da71a2104b8a9639dea27807

68 Karnataka Police Act. Mere possession of substantial cash without supporting documents is not an offence under Section 98 unless there is reasonable suspicion or evidence that it was stolen or obtained by fraud. Criminal proceedings based solely on such possession are untenable, especially when the seizure occurred outside the Election Code of Conduct period. .

https://www.dakshalegal.com/judgements/actionView/ddc95c8fee90816ee58075f3

69 Change of Khata cannot be refused only on the basis of third party objections when the applicant claims title under a registered sale deed/title deed. .

https://www.dakshalegal.com/judgements/actionView/3d8549ebcc3ebdb412cfa7cf

70 Prevention of Corruption Act. Section 7A applies even to non-public servants who attempt to obtain an undue advantage by influencing public servants. A preliminary inquiry is not mandatory before registering a FIR for a corruption case, especially when the initial complaint or report clearly discloses the commission of a cognizable offence. .

https://www.dakshalegal.com/judgements/actionView/d71287168ab83342990c75ca

71 Hindu Succession Act. Property inherited by a female from her mother becomes her absolute, separate property under Section 14(1). Daughter has no right by birth to challenge the disposition of the property by her mother. .

https://www.dakshalegal.com/judgements/actionView/fb71b05a4e236e350269f1ab

72 The utilization of private land by the State for a public purpose without following due process of acquisition constitutes a violation of the landowner’s constitutional right to property guaranteed under Article 300-A of the Constitution. In such circumstances, the Court is duty-bound to direct the State to initiate compulsory acquisition proceedings in accordance with law and ensure payment of just and fair compensation for the land so appropriated. .

https://www.dakshalegal.com/judgements/actionView/ebfe46dfb2be1766d869f145

73 Once an order of regrant under the Karnataka Certain Inams Abolition Act attains finality, the Civil Court’s jurisdiction to review or revisit it is impliedly barred. The Court retains jurisdiction to grant reliefs such as declaration or injunction based on the finalized regrant order. .

https://www.dakshalegal.com/judgements/actionView/7210df28ed0ec0d146b16585

74 Karnataka Town and Country Planning Act. Requirement of obtaining approval for a single plot layout under Section 17 is prospective and does not apply to lands developed and established prior to declaration of the area as Local Planning Area. .

https://www.dakshalegal.com/judgements/actionView/3a320dd8a3d28d4e773c27ff

75 Order VII Rule 11 CPC. A plaint is liable to rejection when the suit is ex facie barred by limitation and the plaintiff fails to disclose a definite right or clear cause of action owing to vague, inconsistent, and contradictory pleadings or documents concerning the alleged title or relationship with the property. The ancillary relief of partition, being contingent upon the time-barred relief of declaration, is equally unsustainable. .

https://www.dakshalegal.com/judgements/actionView/6b194c4003e2a14e93876cd6

76 Banning of Unregulated Deposit Schemes Act. When the complaint and FIR reveal cognizable offences like cheating, proceedings cannot be quashed merely because the matter also has a civil aspect, as civil and criminal remedies may coexist. .

https://www.dakshalegal.com/judgements/actionView/e285a55299c581f69be21cac

77 A suit for recovery of possession simpliciter for possessin property based on encroachment without a prayer for declaration of title is maintainable if the defendant's pleadings and evidence do not cast a cloud upon the plaintiff's title. .

https://www.dakshalegal.com/judgements/actionView/21221586d47ca0ea71af17c3

78 No income tax can be levied or deductible on compensation for acquiring lands under the Karnataka Industrial Areas Development Act in view of 2013 land acquisition Act. .

https://www.dakshalegal.com/judgements/actionView/286902a1cbc391b193c7dde1

79 CGST/KGST Act 2017. A single show cause notice, especially when the transactions in question traverse beyond and span across several/multiple financial years/tax periods. is inherently illegal, as it bypasses mandatory jurisdictional constraints and violates the principles of natural justice by depriving the assessee of the opportunity to provide year-wise explanations and reconciliations. .

https://www.dakshalegal.com/judgements/actionView/4c818f0b64bd66d51463d793

80 Administrative Law. A show cause notice issued without proper jurisdiction is legally void/non-est and can be challenged especially if it involves a fundamental flaw of lacking legal basis or if an authority wrongly assumes jurisdiction. .

https://www.dakshalegal.com/judgements/actionView/991ef5442321a70b39557cfd

81 Karnataka Court Fees and Suits Valuation Act. Suit for cancellation of sale deed. No need to pay ad-valorem court fee on the market value if the property is agricultural land. .

https://www.dakshalegal.com/judgements/actionView/21f885d37b7189d202337117

82 Insolvency and Bankruptcy Code. An approved Resolution Plan operates as a final settlement of all claims against the Corporate Debtor. All statutory dues, including tax liabilities, that do not form part of the resolution plan stand permanently extinguished. Any assessment orders or demand notices issued by the Income Tax Department for periods prior to the approval of the plan are void ab initio and without jurisdiction. .

https://www.dakshalegal.com/judgements/actionView/77eeffd89130667c823e02a2

83 Magistrate has no power to order issuance of Red Corner Notice or consequential open-dated warrant either under Cr.P.C., BNSS or any other law. .

https://www.dakshalegal.com/judgements/actionView/87dea439fa89e74339d3068f