Important Judgements delivered by Justice E S Indiresh. Karnataka High Court.

1 Sale of property attached towards permanent alimony granted under the Hindu Marriage Act is hit by the provisions of Section 64 of Code of Civil Procedure and Sections 52 and 100 of Transfer of Property Act, 1882. .

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2 Karnataka Co-operative Society Rules. Auction purchaser who fails to deposit entire bid amount within time under Rule 38(2)(i) loses all claims to the property and becomes liable for loss occasioned by the subsequent sale. .

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3 Procedural laws should advance substantial justice to the parties. Technicalities should not come in the way of extending benefits to litigants who approach the Court with clean hands. .

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4 Auction purchaser withdrawing from the sale due to the property embroiled in further litigation is entitled for refund of the deposit amount under Order XXI Rule 86 of CPC. .

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5 Bombay Public Trust Act. Though alienation of immovable property by the public trust without the previous sanction of the Charity Commissioner is null and void, the challenge to such alienation shall be made within reasonable time. .

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6 Temporary Injunction. Latest and important judgment. Principles reiterated and laid down. .

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7 Arbitration and Conciliation Act, 1996. Erroneous part of an award can be separated under proviso to section 34(2) instead of ordering fresh arbitration. .

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8 Civil Procedure Code. When written statement is not filed, the court cannot straightway decree the suit. Court must carefully consider ex-parte evidence and give adequate reasons for its judgment. .

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9 Even adopted children are entitled for compassionate appointment. Rule to the contrary is violative of Article 14 of the Constitution of India. .

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10 In proceeding under Section 125 Cr.P.C, family Court must accept address provided in the petition supported by an affidavit. Technicality shall not defeat the purpose of the provision aimed at safeguarding wife and children. .

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11 Award of compensation in land acquisition is not as a matter of right and the same is dependent on the persons establishing their title over the property. .

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12 Passing of second award for lands acquired under the National Highways Act, 1956 is without jurisdiction which can be quashed by a Writ despite the availability of alternate remedy under the Act. .

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13 Government has no power to prescribe fee structure in private unaided Schools. Karnataka High Court strikes down offending provisions of the Karnataka Education Act as unconstitutional.

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14 Tahsildar has no power to evict a person from Government lands under Section 39 of the Karnataka Land Revenue Act. .

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15 Hindu Succession Act. Amended Section 6 has no application in respect of property already sold prior to 20th December, 2004 even though the daughters have not joined the sale transaction. .

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16 Unregistered relinquishment deed can be relied on for the collateral purpose of proving earlier partition and division of joint family status as recited in the deed. .

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17 Karnataka Cooperative Societies Act. Authorities under the Act have no jurisdiction to decide title of parties. Validity of registered Sale Deed cannot be gone into under Sections 70 and 118 of the Act. .

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18 Suit for partition. Mere purchase of property in the name of co-sharer does not prove self acquisition when there is joint family nucleus and when independent income is not proved. .

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