Karnataka High Court

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC....

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of the Code of Civil Procedure, 1908 (CPC), challenging...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Lack of Income Proof. Claimant's disability assessed at 10% whole body, but contributory negligence of 50% applied as accident occurred due to negligence of both rider and claimant....

The appeal arises from a judgment and award dated 31.12.2018 passed by the Senior Civil Judge and JMFC and MACT, N.R.Pura in MVC No.540/2017. The appellant, The New India Assurance Co., Ltd., challeng...

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Karnataka High Court Quashes Rejection of Candidature Due to Unnotified Qualifying Marks for Kannada Language Test. Fixation of Minimum Qualifying Marks After Examination Concluded Violates Principles of Fairness and Transparency Under Article 14 and 16 of the Constitution....

The petitioner, a Junior Training Officer at Government ITI College, Dhulkhed, challenged the endorsement issued by respondent No.3 (General Manager (HRD) of Karnataka Power Corporation Limited) rejec...

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High Court of Karnataka Allows Civil Revision Petition, Sets Aside Order Referring Dispute to Arbitration Under Section 8(1) of Arbitration and Conciliation Act, 1996 — Agreement Not Duly Stamped and Insufficiently Stamped, Hence Not Enforceable....

The petitioner-plaintiff filed a suit for recovery of Rs.16,29,311.74 with interest. The suit was decreed ex parte on 10.04.2018. The defendant No.1 filed an application under Order IX Rule 13 CPC to ...

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High Court of Karnataka Allows Appeal in Testamentary Suit Limitation Dispute — Order of Single Judge Dismissing Suit as Barred by Limitation Set Aside. Court Holds That Article 137 of Limitation Act, 1963 Applies to Testamentary Suits and Limitation Runs from Date of Knowledge of Will, Not from Date of Death of Testator....

The appellant, Sri Nanjavudootha Swamiji, the Peethadhipathi of Gurugunda Bramheshwara Swamy Mutt, filed a Testamentary Original Suit No.1/2023 seeking probate or letters of administration in respect ...

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High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Refusing to Include Third-Party Properties in Recovery Certificate Under Section 19 of RDB Act. The court held that the DRT has no jurisdiction to include properties of persons who are not parties to the original application or guarantors, and the remedy lies before the civil court....

The petitioners, M/s. SSA Constructions (a partnership firm) and its managing partner, obtained loan facilities from Andhra Bank (Respondent No. 1). The bank filed Original Application No. 963/2011 be...

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High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882....

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additional City Civil and Sessions Judge, Bangalore, in ...

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High Court of Karnataka Quashes Appointment of Administrator for Milk Producers' Cooperative Societies Due to Lack of Hearing. Appointment under Section 12(6) of Karnataka Cooperative Societies Act, 1959 set aside as petitioners were not given opportunity of hearing before removal of elected board....

The petitioners, three milk producers' cooperative societies, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought...

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High Court of Karnataka Quashes Criminal Proceedings Under Insecticides Act for Lack of Sanction — Prosecution Initiated Without Mandatory Consent Under Section 31(1) of the Insecticides Act, 1968 Is Void Ab Initio....

The petitioner, B.S. Suresh Babu, proprietor of Karnataka Traders, filed multiple writ petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure,...