Karnataka High Court

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High Court of Karnataka Upholds Industrial Tribunal's Award Holding Section 9A Notice Illegal for Unilateral Change in Vacation Leave Encashment Calculation. Management's change from 30-day divisor to 26-day divisor for computing daily wage for leave encashment held to be a change in service conditions requiring notice under Section 9A of the Industrial Disputes Act, 1947....

The petitioner, Management of Bharat Earth Movers Ltd. (BEML), a Public Sector Undertaking, challenged the award dated 11.09.2013 passed by the Industrial Tribunal, Bangalore in I.D. No.69/2007. The T...

High Court

High Court of Karnataka Allows Writ Petition Challenging Dismissal of Appeal on Limitation Grounds in Land Reforms Case. The Court held that the Karnataka Appellate Tribunal erred in dismissing the appeal solely on limitation without considering the merits, and remanded the matter for fresh consideration....

The petitioners, legal representatives of the deceased K. Vijayan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 27.03.2024 pas...

High Court

High Court of Karnataka Dismisses Criminal Revision Petitions in Forgery and Cheating Case — Conviction for Multiple Offences Under IPC Upheld. Court Confirms Concurrent Findings of Guilt for Fabricating Documents and Causing Wrongful Loss to Complainant....

The case pertains to a criminal revision petition filed by G. Narendra Kumar and Nandakumar challenging their conviction and sentence by the trial court and appellate court. The petitioners were convi...

High Court

High Court of Karnataka Allows BMTC's Appeal in Motor Vehicle Accident Claim — Tribunal's Award Set Aside Due to Lack of Evidence of Negligence. Owner of the offending vehicle held liable for damages as insurer's liability not established under Section 173(1) of Motor Vehicles Act, 1988....

The appellant, Bangalore Metropolitan Transport Corporation (BMTC), filed a claim petition before the Motor Accident Claims Tribunal (MACT) seeking compensation of Rs.3,00,000/- for damage to its bus ...

High Court

High Court of Karnataka Quashes Deputy Commissioner's Revision Order in Land Grant Dispute — Restores Mutation Entry Upholding Petitioner's Ownership. The Court held that the Deputy Commissioner lacked jurisdiction to entertain a revision petition under the Karnataka Land Revenue Act, 1964 after the statutory period of limitation had expired, and that the petitioner's title based on a 1962 grant order could not be collaterally challenged in mutation proceedings....

The petitioner, Suresh G. Nanwani, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated January 24, 2024 passed by the Deputy Commissioner, Bangalor...

High Court

High Court of Karnataka Allows Bank's Appeal in Bond Amount Recovery Dispute — Refund of Rs. 3,00,000 Set Aside. Clause 11(k) of Appointment Letter and Indemnity Bond Held Valid and Enforceable as Employee Resigned Before Completing Stipulated Service Period....

The case pertains to a writ appeal filed by Vijaya Bank (now Bank of Baroda) against an order of a learned Single Judge of the Karnataka High Court. The Single Judge had allowed the writ petition of t...

High Court

High Court of Karnataka Quashes FIR Against Public Servants in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Court holds that prior sanction is mandatory for prosecution of public servants for offences under Sections 13(1)(c) and 13(2) of the Act, and failure to obtain it vitiates the proceedings....

The judgment pertains to three writ petitions filed by public servants seeking quashing of FIR No.22/2018 registered by the Karnataka Lokayukta Police for offences under Sections 13(1)(c) and 13(2) of...

High Court

High Court of Karnataka Quashes Execution Court Order Dismissing Stay Application Under Order 21 Rule 29 CPC for Non-Prosecution — Petitioner's Right to Seek Stay Revived. Dismissal for default does not bar a fresh application or restoration as it is not a decision on merits....

The petitioner, Sanjeev Doddamani, was the plaintiff in O.S.No.570 of 2022 filed for recovery of money. The suit was decreed ex-parte against the respondent-defendant. The petitioner then filed Execut...

High Court

High Court of Karnataka Allows Appeal by KSFC Against Dismissal of Recovery Petition as Barred by Limitation. Surety Liability Not Extinguished by Company's Liquidation Under Section 31(1)(aa) of State Financial Corporations Act, 1951....

The appellant, Karnataka State Industrial Investment and Development Corporation (now KSIDC), filed an appeal under Section 32(9) of the State Financial Corporations Act, 1951 (SFC Act), against an or...

High Court

High Court of Karnataka Quashes Trial Court Order Reopening Evidence in Possession Suit — Reopening of Evidence After Judgment Reserved Not Permissible Under Order 18 Rule 17 CPC Without Justifiable Cause....

The petitioners, Siddappa and Lokanna, filed a suit for possession against the respondent in O.S.No.154/2016 before the Principal Civil Judge and JMFC, Mudhol, alleging encroachment on their property....

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