Karnataka High Court Weekly Round-Up: December 09 - December 15, 2024

Citation 2024 LiveLaw (Kar) 501 to 2024 LiveLaw (Kar) 512Nominal Index:K Raja AND V Prabhakar. 2024 LiveLaw (Kar) 501Axis Bank Ltd AND Assistant Commissioner & Others. 2024 LiveLaw (Kar) 502UnIon of India AND A Mohan & ANR. 2024 LiveLaw (Kar) 503A J James AND Karnataka State Law University & Others. 2024 LiveLaw (Kar) 504Mohammed Aamir Raza AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 505.Ananda Reddy AND Radhamma & ANR. 2024 LiveLaw (Kar) 506Ejas PP AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 507Indiramma & Others AND HAMPAMMA and others. 2024 LiveLaw (Kar) 508L S Tejasvi Surya AND State of Karnataka. 2024 LiveLaw (Kar) 509Basangouda Patil (Yatnal) And State of Karnataka. 2024 LiveLaw (Kar) 510Darshan v. State of Karnataka. 2024 LiveLaw (Kar) 511N. Rajgopal Hebbar vs. Mrs. Padmavathi & Ors. 2024 LiveLaw (Kar) 512Judgments/OrdersProcedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High CourtCase Title: K Raja AND V PrabhakarCase No: MISCELLANEOUS FIRST APPEAL NO. 7207 OF 2024Citation No: 2024 LiveLaw (Kar) 501The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure.Justice H P Sandesh held thus while allowing an appeal filed by one K Raja and set aside the decree passed by the trial court in a suit filed for recovery of money by V Prabhakar, after placing the appellant ex-parte. For context the provision pertains to the procedure to be followed when the defendant refuses to accept service, or cannot be found.[Senior Citizens Act] Bank Can Seek Quashing Of Order Voiding Gift Deed In Case Of Default On Loan By Children: Karnataka High CourtCase Title Axis Bank Ltd AND Assistant Commissioner & OthersCase No: WRIT PETITION No.52158 OF 2017Citation No: 2024 LiveLaw (Kar) 502The Karnataka High Court recently quashed an order passed by the Assistant Commissioner, Hassan made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cancelling the gift deed executed by an aged father in favour of his children.The order came to be passed on the petition filed by a Bank from whom the children had taken a loan by mortgaging the property received as gift, and subsequently defaulted in repayment.Justice M G S Kamal said, “This Court under the peculiar facts situation of the case, is of the considered view that the petitioner-bank is entitled to maintain the writ petition, more so when it is required to recover the loan amount advanced by it in the larger public interest.”Strict Liability On Railways To Compensate Kin Of Deceased Who Fell From Train After Mistakenly Travelling Beyond Destination: Karnataka HCCase Title: UnIon of India AND A Mohan & ANRCase No: MISCELLANEOUS FIRST APPEAL NO.2556/2011Citation No: 2024 LiveLaw (Kar) 503The Karnataka High Court has upheld an order of the Railway Tribunal granting compensation to the claimants of a deceased passenger who had fallen from the train after mistakenly travelling beyond his destination station.Justice H P Sandesh dismissed an appeal filed by South Western Railways, challenging the order dated December 28, 2010, granting compensation of Rs 4 lakh along with interest to A Mohan.He said, "The deceased might have fallen while trying to get down and in that process he could have received injuries, which the fact is in line with the statement of witnesses and also the post mortem report. The fact that the deceased was travelling in the train is not in dispute, but only mistakenly he traveled beyond destiny and also the Apex Court in the Prabhakaran's case also held that principles of strict liability applies, the defendant has to pay damages for injury caused to the plaintiff, even though the defendant may not have been at any fault"Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation StandardsCase Title: A J James AND Karnataka State Law University & OthersCase No: WRIT APPEAL No.257 OF 2024Citation No: 2024 LiveLaw (Kar) 504The Karnataka High Court has dismissed an appeal filed by a Law student challenging an order of the single judge which rejected his petition questioning the re-valuation standards adopted by the Karnataka State Law University.In doing so the court underscored that in absence of any provision under the University's regulations which provide for revaluation beyond the process already undertaken, the University cannot be directed to conduct revaluation at the student's instance.So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two TeachersCase Title: Mohammed Aamir Raza AND State of Karnataka & ANRCase No: CRIMINAL PETITION NO. 12392 OF...

Karnataka High Court Weekly Round-Up: December 09 - December 15, 2024

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