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Karnataka High Court Allows Writ Petitions Challenging Order Refusing to Set Aside Ex-Parte Final Decree in Partition Suit. Court holds that the trial court erred in rejecting application under Order IX Rule 13 CPC without considering that the summons were not duly served and the petitioners had sufficient cause for non-appearance....

The petitioners, who were defendants in a partition suit (O.S. No. 7/2007), filed applications under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to set aside the ex-parte final decree ...

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High Court of Karnataka Quashes Ex Parte Award in Minimum Wages Act Case Due to Lack of Proper Service. Employer's absence due to travel and non-opening of post box held insufficient for ex parte proceedings under Section 20(2) of Minimum Wages Act, 1948....

The petitioner, A S Chandra Prakash, a coffee planter, was issued a notice to appear before the Labour Officer and Minimum Wages Enquiring Authority (first respondent) in a proceeding under Section 20...

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High Court of Karnataka Allows Writ Petition in Civil Procedure Case — Order Dismissing Application Under Order 16 Rule 21 CPC Set Aside. Court Held That Summons to Witness Must Be Served by Court and Not by Party, and That Dismissal for Default of Witness Is Not Permissible Without Proper Service....

The petitioner, M/s. Krithi Constructions, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 03.03.2014 passed by the XXVIII Additional City Civil and Ses...

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High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction....

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an ex parte order dated 24.05.2011 passed by the Tri...

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Karnataka High Court Allows Writ Petition Challenging Premature Retirement of University Employee — Retirement Age of 60 Years Upheld for Director of Physical Education. Bangalore University's Notification dated 4.1.2014 retiring the petitioner at age 60 was quashed as the petitioner was entitled to continue till age 62 under the University's own regulations....

The petitioner, Dr. R. Muni Reddy, was employed as Director of Physical Education at Bangalore University. He joined service in 1985 as a temporary Lecturer, was regularised in 1994, and promoted to R...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurer's Appeal Dismissed. Claimant awarded additional compensation for permanent disability and loss of income due to amputation of leg....

The case involves two appeals arising from a motor accident claim. The claimant, B.N. Dhananjaya, sustained grievous injuries including amputation of his left leg below knee in a road accident. He fil...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurer's Appeal Dismissed. Claimant awarded Rs.14,19,000/- for grievous injuries sustained in road accident under Motor Vehicles Act, 1988....

The judgment pertains to two appeals arising from a motor accident claim. The claimant, B.N. Dhananjaya, sustained grievous injuries in a road accident and filed a claim petition before the Motor Acci...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged....

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai, issuing a Recovery Certificate for Rs.4,44,216/- ...

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Bombay High Court Dismisses Petition Challenging Revisional Authority's Order Cancelling Mining Lease — Notification Under Section 17A(1A) of MMDR Act Upheld. State Government's Grant of Mining Lease Without Prior Central Approval Invalid Under Section 17A(1A) of Mines and Minerals (Development and Regulation) Act, 1957....

The petitioner, Vidarbha Mining Association, a partnership firm, applied for a mining lease for 69.10 hectares of land in village Chikhla, Taluka Tumsar, District Bhandara for manganese ore. The State...