High Court allowed an intra-court appeal on grounds of limitation, disposing of the matter with liberty to file a review application based on a circular submitted for the first time in the appeal.
Appeal disposed of with liberty to move review application based on circular dated 31.07.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF SEPTEMBER 2021
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT APPEAL NO.542 OF 2021 (EDN-RES)
IN
WRIT PETITION NO.4731 OF 2021
BETWEEN:
SHRI SANTHRUPTH S S/O H K SRIVATSA, AGED ABOUT 19 YEARS, OCC STUDENT OF VIDYAVARDHAKA ENGINEERING COLLEGE MYSORE, R/O 133, IST MAIN, 11TH CROSS, JAYANAGAR, MYSORE-570014 BANGALORE-560019. ...APPELLANT
(BY SRI SHIVARAJ N ARALI, ADVOCATE)
AND:
(BY SRI NARENDRA A C, ADVOCATE FOR R1,
2
SRI AMBRISH, ADVOCATE FOR SRI SANTOSH S NAGARALI, ADVOCATE FOR R2)
---THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 R/W RULE 27 OF THE WRIT PETITION RULES, 1977 PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO DECLARE THAT APPELLANT AS PASSED IN THE SECOND SEMESTER EXAMINATION BASED ON THE AGGREGATE MARKS OF 1ST SEMESTER AUG-SEPT 2020 AND 2ND SEMESTER OBTAINED BY HIM AS PER GUIDELINES ISSUED BY THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY VIDE CIRCULAR DT:31/07/2020 AND ACITE GUIDELINES DT.01/05/2020, BY SETTING ASIDE ORDER PASSED ON 19/03/2021 IN WRIT PETITION NO.4731/2021.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, ALOK ARADHE J ., DELIVERED THE FOLLOWING:
JUDGMENT
In this intra court appeal preferred under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 19.3.2021 passed by the learned single Judge in W.P.No.4731/2021.
3
4
disposed of.
Sd/JUDGE
Sd/JUDGE
HR
1 issue framed by the court
Whether an intra-court appeal can assail an order on a ground not brought to the notice of the single judge in the writ petition.
1 provisions across 1 enactments
Shanthrupth S
The Principal Vidyavardhaka Engineering College
The Registrar of Evaluation Visvesvaraya Technological University
Allok Aradhe
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
