Karnataka High Court Weekly Round-Up: February 19 - February 25, 2024

Citations: 2024 LiveLaw (Kar) 84 To 2024 LiveLaw (Kar) 94Nominal Index:BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahangara Palike. 2024 LiveLaw (Kar) 84The Divisional Manager Shriram General Insurance Company Limited AND Yunus & Others. 2024 LiveLaw (Kar) 85Annappa Appasab Mokashi & ANR AND The SLAO & ANR. 2024 LiveLaw (Kar) 86T Narayana Reddy & ANR AND Nirmala & others. 2024 LiveLaw (Kar) 87Shahen @ Hanifa AND Shivakumar Bolishetty & Others. 2024 LiveLaw (Kar) 88South Western Railway Catering Contractors Association AND The Union of India & Others. 2024 LiveLaw (Kar) 89M G Purshotham & Others AND N K Srinivasan & Others. 2024 LiveLaw (Kar) 90Bharatiya Janata Party AND Rizwan Arshad. 2024 LiveLaw (Kar) 91Achutha Ayurveda Medical College Hospital and Research Centre & Others AND Union of India & Others 2024 LiveLaw (Kar) 92K Lakshmi AND Canara Bank. 2024 LiveLaw (Kar) 93Dr Rajesh Kumar D AND State of Karnataka & Others 2024 LiveLaw (Kar) 94Judgments/OrdersKarnataka High Court Directs BBMP To Clear Rs 90 Crore Due Towards PF Accounts Of Powrakarmikas Case Title: BBMP POWRAKARMIKAR SANGHA AND Bruhat Bengaluru Mahanagara PalikeCase No: WRIT PETITION No.16539/2022 (L-PF) C/W WRIT PETITION No.4449/2018Citation No: 2024 LiveLaw (Kar) 84The Karnataka High Court has directed Bruhat Bengaluru Mahanagara Palike (BBMP) to comply with the order of Regional Provident Fund Commissioner directing it to deposit an amount of Rs 90,18,89,719 towards provident fund, pension fund and insurance fund contribution for Powrakarmikas, for the period from January 2011 to July 2017.A single judge bench of Justice KS Hemalekha dismissed the petition filed by the Corporation assailing the order of attachment dated 23.01.2018 passed by authority. The Corporation had contended that the impugned order passed by the authority is without giving any notice of hearing.Accident Witnesses Often Don't Come Forward, Police Records Sufficient To Conclude Claimant's Injuries In Absence Of Contradictions: Karnataka HC Case Title: The Divisional Manager Shriram General Insurance Company Limited AND Yunus & OthersCase No: MISCELLANEOUS FIRST APPEAL NO.104098 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.104099 OF 2017Citation No: 2024 LiveLaw (Kar) 85The Karnataka High Court has held that unless there is some material indicating of active collusion between the injured and driver/owner of the offending vehicle to lay a false claim seeking compensation, proof in the form of police records would be sufficient enough for the Motor Accidents Claim Tribunal to come to conclusion that claimant has proved his case of suffering injuries in the accident.A single judge bench of Justice V Srishananda dismissed an appeal preferred by Shriram General Insurance Company challenging the validity of judgment and award passed on 30.08.2017 allowing the claim petitions filed by Yunus and others. An amount of Rs.77,350 and Rs.1,19,050 was granted respectively.Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award Case Title: Annappa Appasab Mokashi & ANR AND The SLAO & ANRCase No: MISCELLANEOUS FIRST APPEAL NO.102077/2014.Citation No: 2024 LiveLaw (Kar) 86The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record.A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order passed by the Reference Court (Principal Senior Civil Judge, Athani) dated 25.11.2023 disposing of the reference application and the confirmation order passed by the Land Acquisition Officer awarding the compensation.Self Acquired Properties Of Hindu Joint Family Member If Thrown In "Common Hotchpot" To Be Treated As Joint Family Property: Karnataka HC Case Title: T Narayana Reddy & ANR AND Nirmala & othersCase No: Regular First Appeal No 491 OF 2016Citation No: 2024 LiveLaw (Kar) 87The Karnataka High Court has held that if a member of a joint Hindu family voluntarily throws his/her self-acquired property into common hotchpot with the intention of abandoning his/her separate claim over it and render it to be of all other members as well, such a property becomes a joint family property.A division bench of Justice Krishna S Dixit and Justice G Basavaraja while dismissing an appeal filed by T Narayana Reddy and another said, “Partitioning of the self acquired property amongst all the members of the family by the matriarch raises a very strong presumption as to the subject properties having been put into a common hotchpot. That being the position, there is an eminent case for the invocation of the doctrine of common hotchpot.”[Order 3 Rule 2 CPC] Trial Court Can't Prejudge Evidence Of Special Power Of Attorney While Dealing With Plaintiff's Application To Lead...

Karnataka High Court Weekly Round-Up: February 19 - February 25, 2024

Mustafa Plumber

Tags