Disposed

Syed Ahmmed v. the State of Karnataka

Karnataka HC21 Nov 2024WP/22254/2021

Case brief

AI extract

What is this about?

Tenants of municipal shops at Tumakuru private bus stand sought waiver of Covid-19 lockdown-period rents from the City Corporation. The Court held the property-tax rebate ground irrelevant to tenants' waiver claims, reserved liberty to apply to the Director of Municipal Administration, directed consideration of arrears representations, and ordered release of court deposits to the Commissioner.

What the court decided

AI extract

Syed Ahmmed Vs the State of Karnataka — Landlord and Tenant | Karnataka HC (2024)

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NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 22254 OF 2021 (LB-RES)

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C/W

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WRIT PETITION NO. 22247 OF 2021 (LB-RES) WRIT PETITION NO. 1526 OF 2022 (LB-RES)

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IN WP No. 22254/2021

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BETWEEN:

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SYED AHMMED S/O SYED YASSEN AGED ABOUT 46 YEARS R/AT 1^ST CROSS BAR LANE, TUMAKURU TOWN TUMAKURU DIST 572101.

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…PETITIONER

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAMESH K R.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS SECRETARY URBAN DEVELOPMENT DEPT VIKAS SOUDHA BENGALURU 560001.

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THE COMMISSIONER TUMAKURU CITY CORPORATION TUMAKURU 572101.

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2 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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THE ASSISTANT COMMISSIONER (REVENUE) TUMAKUR CITY CORPORATION TUMAKURU 572101.

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…RESPONDENTS

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(BY Smt. CHANDINI S., HCGP FOR R1;

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SRI. R. SUBRAMANYA, ADVOCATE FOR R2 & R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE R-2 TO CONSIDER THE REQUEST OF THE PETITIONER VIDE ANNX-B DATED 29.03.2021 FOR WAIVING THE MONTHLY RENT OR AT LEST SOME PARTIAL RELIEF FROM PAYMENT OF RENTS TO SCHEDULE PROPERTY; DIRECT THE R-2 AND R-3 TO COLLECT THE ARREARS OF RENT FROM THE PETITIONER AS PER THEIR DEMAND NOTICE SUBJECT TO CORRECT CALCULATION OF RENT AND TO CONTINUE THE PETITIONER TENANCY WITH RESPECT TO SCHEDULE PREMISES AS PER REGISTERED LEASE AGREEMENT VIDE ANNX-A SUBJECT TO WAIVING OF RENT OF PARTIAL RENT ON PARTIAL RENT ON THEIR REQUEST.

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IN WP NO. 22247/2021

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BETWEEN:

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SAADIQ PASHA S/O SYED HABEEB ULLA AGED 42 YEARS R/AT 1^ST MAIN ROAD BAR LANE

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3 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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TUMAKURU TOWN

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TUMAKURU DIST 572101.

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...PETITIONER

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(BY SRI. RAMESH K R.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY SECRETARY URBAN DEVELOPMENT DEPT VIKAS SOUDHA BENGALURU 560001.

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THE COMMISSIONER TUMAKURU CITY CORPORATION TUMAKURU 572101.

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THE ASSISTANT COMMISSIONER (RENVENUE) TUMAKURU CITY CORPORATION TUMAKURU 572101.

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...RESPONDENTS

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(BY SMT.CHANDINI S., HCGP FOR R1;

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SRI. R. SUBRAMANYA, ADVOCATE FOR R2 & R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO CONSIDER THE REQUEST OF THE PETITIONER VIDE ANNX-B DATED 29.03.2021 FOR WAIVING THE MONTHLY RENT OR AT LEAST SOME PARTIAL RELIEF FROM PAYMENT OF RENTS TO SCHEDULE PROPERTY; DIRECT THE R-2 AND R-3 TO COLLECT THE ARREARS OF RENT FROM THE PETITIONER AS PER THEIR DEMAND NOTICE SUBJECT TO CORRECT CALCULATION OF RENT AND TO CONTINUE THE PETITIONER TENANCY WITH RESPECT

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NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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TO SCHEDULE PREMISES AS PER REGISTERED LEASE AGREEMENT VIDE ANNX-A, SUBJECT TO WAIVING OF THE RENT OR PARTIAL RENT ON THEIR REQUEST.

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IN WP NO. 1526/2022

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BETWEEN:

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SRI NAYAZ S/O SATTAR BAIG, AGED ABOUT 42 YEARS, R/AT BEHIND MASJID, SHANTHI NAGARA, GOODSHED COLONY, KUVEMPUNAGAR, TUMAKURU TOWN, TUMAKURU DISTRICT 572101.

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...PETITIONER

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(BY SRI. RAMESH K R.,ADVOCATE)

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AND:

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STATE OF KARNATAKA REP.BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001.

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THE COMMISSIONER TUMAKURU CITY CORPORATION, TUMAKURU-572101.

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THE ASSISTANT COMMISSIONER (REVENUE)

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TUMKUR CITY CORPORATION,

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NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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TUMAKURU 572101.

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...RESPONDENTS

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(BY SMT.CHANDINI S., HCGP FOR R1;

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SRI.R. SUBRAMANYA, ADVOCATE FOR R2 & R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REQUEST OF THE PETITIONER AT ANNX-B DATED 29.03.2021 FOR WAIVING THE MONTHLY RENT OR AT LEAST SOME PARTIAL RELIEF FROM PAYMENT OF RENTS TO SCHEDULE PROPERTY; DIRET THE R-2 AND R3 TO COLLECT THE ARREARS OF RENT FROM THE PETITIONER AS PER TERMS OF THE RENTAL AGREEMENT SUBJECT TO CORRECT CALCULATION OF RENT AND TO CONTINUE THE PETITIONER TENANCY WITH RESPECT TO SCHEDULE PREMISES AS PER REGISTERED LEASE AGREEMENT AT ANNX-A SUBJECT TO WAIVING OF THE RENT OR PARTIAL RENT ON THEIR REQUEST.

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THESE PETITIONS, COMING ON FOR FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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6 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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ORAL ORDER

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The petitioners occupy certain premises in a Commercial Complex within the premises of the 'Private Bus Stand', Tumakuru [these premises are referred to as ‘ the subject premises ’] under Tumakuru City Corporation [the second respondent] as tenants. The petitioners have filed their respective petitions for directions to the Commissioner, Tumakuru City Corporation to waive the monthly rent payable by them for the period covered under the Covid-19 Lockdown/Covid-19 Restrictions. The petitioners also seek direction to the second respondent to consider their circumstances and grant them some relief on waiver of rents for this period.

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This Court has granted interim order in these petitions against the petitioners' dispossession permitting them to deposit arrears. The second respondent, relying upon the communication dated 04.05.2021 addressed by the Director,

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7 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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Municipal Administration, proposes to contend that with the decision taken by the afore authority, it would not be permissible to waive any portion of the

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rent payable by the petitioners for the Covid-19 Lockdown/ Covid-19 Restrictions period. This Court has endeavored to crystallize the dispute over the rental arrears for the period excluding the period covered under Covid-19 Lockdown/ Covid-19 Restrictions permitting both the petitioners and the second respondent to file the details of the payments made. Though multiple Memos of Calculation have been filed, these are to no avail.

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This Court must observe that the

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controversy about the rent payable by the petitioners for the period excluding Covid-19 Lockdown/Covid19 Restrictions continues with Sri K.R. Ramesh, the learned counsel for the petitioners, being vociferous that all rental dues are paid [including the amounts deposited into this court] if Covid-19

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8 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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Lockdown/Covid-19 Restrictions are excluded and Sri R. Subramanya, the learned counsel for the second respondent, stating that the petitioners must pay Rs.9,32,352/-, Rs.4,20,695/- and Rs. 8,84,810/respectively even if the Covid-19 Lockdown/Covid-19 Restrictions period is excluded.

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If the petitioners have to pay rent at

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the monthly rate of Rs.23,800/-, Rs.16,500/- and Rs.11,500/- respectively [apart from the applicable GST] and if indeed the second respondent could justify that the monthly rents at the aforesaid amounts are for the period excluding the Covid-19 Lockdown/Covid-19 Restriction period, the

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petitioners would be in arrears. The dispute is set in factual matrix and cannot be concluded in the present proceedings. The second respondent must extend opportunity to the petitioners to justify their case that they would not be in arrears of any rents if all the amounts paid [and deposited with this Court in

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9 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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the present proceedings] are computed towards the rent payable for the period excluding the period that

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would be covered under the Covid-19

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Lockdown/Restrictions. If there is any persisting claim, the same must be adjudicated in a properly instituted proceedings.

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As regards the rent payable for the Covid-19 Lockdown/Covid-19 Restriction period, it is seen from the Communication dated 04.05.2021 addressed by the Director of Municipal

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Administration that the request for waiver, even partial waiver for the rent for this period, is refused because a rebate of 5% is allowed in property tax. The petitioners are tenants. This Court must opine that the rebate in property tax at 5%, which would be

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availed by the owners of the concerned property, will not be germane where the petitioners, as tenants under the second respondent, request for waiver of the monthly rental pleading financial constraints

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NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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10 -

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because of the Covid-19 Lockdown/Covid-19 Restriction difficulties. As such, this Court is of the considered view that the petitioners must themselves file separate applications with the Director, Municipal Administration for due consideration of the waiver [partial or otherwise] of the monthly rent payable for this period. In the light of the afore, the following:

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ORDER

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The petition stands disposed of with the following liberty and directions:

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[A] For the period covered under the Covid-19 Lockdown/Restriction

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period :

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The petitioners are reserved liberty to file separate representations with the Director of Municipal Administration to seek waiver [partial or otherwise] of the

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monthly rent that is payable for the

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11 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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subject premises for the Covid-19 Lockdown/Restriction period.

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[B] For the Pre and Post Covid-19 Lockdown/Restriction period :

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[i] The petitioners will be at liberty to file representations within four [4] weeks from the date of receipt of a copy of this order, and if the petitioners fail to exercise the liberty now reserved, it is declared that they shall be construed as being in default of payment of rent payable for this period. But if they avail opportunity and file representations, they cannot be called defaulters until the representations are duly considered.

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[ii] The second respondent is directed to

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consider the petitioners'

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12 - NC: 2024:KHC:47414 WP No. 22254 of 2021 C/W WP No. 22247 of 2021 WP No. 1526 of 2022

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representation against arrears in view of the stand that they would correspondingly be liable to pay Rs.9,32,302/-, Rs.4,20,695/-,

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Rs.8,84,810/- for this period.

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[iii] The petitioners shall appear before the second respondent without further notice on 16.01.2025 and will be at liberty to file their cause in writing. The second respondent shall duly consider the same and pass just orders.

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petitioners, if there is cause for any, shall be in properly instituted proceedings thereafter. The second respondent, in the event the lease period has expired, will be at liberty

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to initiate proceedings under the law.

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[C] For release of the amount deposited by the petitioners in these proceedings :

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The office is directed to release the amount

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in deposit in each of these petitions to the second respondent. This amount shall be released in terms of the following bank details:

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Name: The Commissioner, Tumakuru City Corporation ,

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Account No .: 504010212

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Bank: Indian Bank,

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Tumakuru Branch Code: 00556

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IFSC Code No.: IDIB000T057

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PAN: AAAGT0065R .

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Sd/-

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(B M SHYAM PRASAD)

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JUDGE

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List No.: 1 Sl No.: 20

Syed Ahmmed v. the State of Karnataka

Case brief

What is this about?

What the court decided

Syed Ahmmed v. the State of Karnataka

Case brief

What is this about?

What the court decided

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