Remembering Justice Mohan Shantanagoudar Through His Judgments

Supreme Court judge Justice Mohan Mallikarajanagouda Shantanagoudar passed away on April 24, at the age of 62 years.Elevated to the Supreme Court in February 2017, he had a tenure till May 5, 2023. Before his elevation to the Supreme Court, he was the Chief Justice of the Kerala High Court. His parent High Court was Karnataka High Court.Justice Shantanagoudar has left his mark left through several notable judgments delivered during his term at the Supreme Court.Within one year of becoming a Supreme Court judge, Justice Shantanagoudar made his presence felt with his dissent in the Indore Development Authority case, which dealt with Section 24 of the new land acquisition law. Pointing out the impropriety of the bench overruling a precedent laid down by a coordinate bench, Justice Shantanagoudar dissented from the majority of Justices Arun Mishra and AK Goel, and reminded that the proper course would be to refer the matter to a larger bench. It may be noted that the matter got ultimately referred to a larger bench.Justice Shantanagoudar was prolific in authoring judgments and has settled several substantial questions of law. Here is a quick glance at some of the noteworthy judgments of Justice Shantanagoudar, as we mourn his worldly departure.Guidelines issued for safe custody in bank lockersIn a recently delivered judgment, Justice Shantanagoudar-led bench issued a slew of guidelines for ensuring safe custody of valuables in bank lockers in the case Amitabha Dasgupta vs. United Bank of India. It was emphasized that the banks owe a separate duty of care to exercise due diligence in maintaining and operating their locker or safety deposit systemsParties settling disputes privately also entitled to get court fee refundIn a judgment having the effect of encouraging private settlement of disputes, Justice Shantanagoudar-led bench recently held that parties who settle their cases through private mediation, outside the modes contemplated under Section 89 of the Civil Procedure Code, are also entitled to get refund of court fees(High Court of Judicature at Madras vs. M.C. Subramaniam).Justice Shantanagoudar's judgment gave a purposive interpretation to the provisions, and rejected the narrow interpretation which had the effect of creating two classes of parties.Court should inform accused of right to default bail when it accruesThe judgment authored by Justice Shantanagoudar(while being part of a bench led by Justice UU Lalit and including Justice Vineet Saran) which held that the magistrates have the obligation to inform an accused of his right to avail default bail when it accrues is significant for its concern shown for personal liberty. The judgment also held that subsequent filing of chargesheet or application seeking extension of time will not defeat the right to seek default bail, once it has accrued (M Ravindran v Intelligence Officer).In another judgment, Justice Shantanagoudar observed that Magistrates and Trial Courts also have the responsibility of safeguarding the fundamental rights of citizens as the "first lines of defence for both the integrity of the criminal justice system"Farmer entitled to file consumer complaint against seed companyJustice Shantanagoudar had authored the landmark judgment which held that a farmer was entitled to file a consumer Complaint against a seed company for deficiency of service in the case M/s Nandan Biomatrix Ltd v S Ambika Devi.The judgment held that farmer's buying of seed cannot be held as a commercial purpose. He also made certain pertinent remarks regarding the hardships faced by farmers and the tendency of big corporates to exploit them."...we feel constrained to note that the Indian agricultural scenario, today, is in a very imperilled state. Agriculturists have to deal with serious environmental concerns like topsoil depletion, contamination of food, water and soil due to toxic fertilizers and pesticides, and the vagaries of the weather, which are becoming more and more severe and unpredictable as the climate deteriorates. Practices such as crop diversification and rotation, which are crucial to species diversity and thus to maintain soil health and ensure farm security, and are in-built in traditional forms of farming, are under threat from the increasing inroads being made into the Indian farm by corporates of all sizes, which come with the promise of increased yields and attractive returns. This is true with regard to the sale of seeds as well, even though Indian law protects plant material including seeds from patentability""Most Indian farmers own only small landholdings, which require expensive inputs such as irrigation, electricity, seeds, fertilizer, and pesticide, but do not generate sufficient output to cover the costs of the same. Though the sway of seed companies over small farmers in India is, as of now, minimal, when agriculturists with such small landholdings do enter into agreements to grow crops on terms dictated by seed companies, it is in the...

Remembering Justice Mohan Shantanagoudar Through His Judgments

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