Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Quashes Process in Defamation Case for Lack of Sanction Under Section 197 CrPC — Public Servant Protection Upheld. Order directing registration of crime and issuance of process against CEO of Zilla Panchayat for offences under Sections 499, 500, 504 IPC set aside as complaint failed to obtain mandatory sanction under Section 197 CrPC....

The petitioner, Charulata Somal, was the Chief Executive Officer of Zilla Panchayat, Kodagu District. The respondent, Shiriyara Muddanna Shetty, an advocate, filed a private complaint before the Addit...

High Court

High Court of Karnataka Allows Appeal Against Rejection of FCRA Renewal for Concealment of Facts and Pending Case. The court held that mere pendency of a criminal case against office bearers does not automatically disqualify a society from FCRA renewal under Section 16(1) read with Section 12(4)(f)(iii) of Foreign Contribution (Regulation) Act, 2010....

The appellant, Action for Community Organisation, Rehabilitation and Development, a society registered under the Karnataka Societies Registration Act, 1960, had been granted registration under Section...

High Court

High Court of Karnataka Dismisses Accused Trustee's Petition to Quash POCSO Case – Allegations of Abetment by Non-information Require Trial. Non-information of Sexual Assault on a Child by a Trustee of the Madarasa Prima Facie Attracts Offences Under Sections 17 and 21 of POCSO Act, 2012, and Cannot Be Quashed Under Section 482 Cr.P.C....

The petitioner, accused No.4 and a founder-trustee of Faizan Manik Mastan Madarasa in Bengaluru, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to S...

High Court

High Court of Karnataka Dismisses Appeal Against Revocation of Probate — Will Execution Found Suspicious Due to Unnatural Circumstances and Lack of Proper Proof of Attestation Under Section 63 of Indian Succession Act, 1925. The court upheld the revocation of probate granted ex parte as the propounder failed to prove due execution and remove suspicious circumstances....

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15.12.2017 passed by the III Additional District and...

High Court

High Court of Karnataka Allows Appeal by Union Bank of India in SARFAESI Act Matter — Endorsement Declining One-Time Settlement Not a 'Decision' Under Section 17(1) of SARFAESI Act, 2002. Writ Petition Challenging Bank's Endorsement Held Not Maintainable Due to Alternative Remedy Before DRT....

The case involves a writ appeal filed by Union Bank of India (appellants) against an order dated 02.05.2023 passed by a learned Single Judge of the Karnataka High Court in W.P.No.8646/2017. The respon...

High Court

High Court of Karnataka Quashes Lokayukta Proceedings Initiated Without Jurisdiction in Political Pension Case. Complaint by Private Individual Regarding Political Pension Does Not Fall Within Definition of 'Complaint' Under Karnataka Lokayukta Act, 1984, Hence Upa-Lokayuktha Lacked Authority to Initiate Proceedings....

The petitioner, Sri M.V. Srinivasa Gowda, an 85-year-old resident of Mandikal Village, Kolar District, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Cou...

High Court

High Court of Karnataka Allows Husband's Petition to Set Aside Ex-Parte Order in Divorce Case, Dismisses Wife's Petition for Certiorari. Family Court's Order Restoring Petition to File and Directing Fresh Notice Upheld as Proper Exercise of Discretion Under Order 9 Rule 13 CPC....

The case involves two writ petitions arising from matrimonial proceedings between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife) in G and WC No.71/2020 pending before the 1st Additional Fa...

High Court

High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree....

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order dated 28.08.2024 passed by the XXVI Additional City...

High Court

High Court of Karnataka Upholds Detention Order for Violation of Interim Injunction in Partition Suit — Willful Disobedience of Court Order Attracts Civil Prison Under Order 39 Rule 2A CPC....

The case arises from a partition suit filed by the respondents (plaintiffs) seeking 2/9th share in suit schedule properties. The Trial Court passed an interim order on 09.01.2002 restraining defendant...

High Court

High Court of Karnataka Dismisses Appeal Against Revocation of Probate in Succession Case — Failure to Implead All Heirs Renders Probate Voidable Under Section 263 of Indian Succession Act, 1925....

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