Karnataka High Court

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High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority....

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association along with individual apartment owners. The appella...

High Court

High Court of Karnataka Quashes Endorsement Denying Land Conversion in Land Reforms Dispute — Petitioner's Father's Tenancy Rights Recognized Despite Rival Claims. The Deputy Tahsildar's denial of conversion was set aside as premature pending adjudication of rival occupancy claims under the Karnataka Land Reforms Act, 1961....

The petitioner, Staney Herald D'Souza, challenged an endorsement dated 23.08.2016 issued by the Deputy Tahsildar, Udupi, which denied conversion of the petition land. The petitioner's father, Late Mau...

High Court

High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court....

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree of the first appellate co...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Insurance Company Liable for Third-Party Injury Despite Vehicle Not Covered by Policy. Court holds that under Section 147 of the Motor Vehicles Act, 1988, an insurance policy must cover third-party risks, and the insurer cannot avoid liability for injuries caused by a vehicle even if the policy does not cover the specific vehicle, as the vehicle was being used in a public place....

The appellant, Sri Munikrishna, filed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 01.01.2013 passed by the XIX Additiona...

High Court

High Court of Karnataka Quashes University Notification Canceling LLB Exam Results Due to Lack of Opportunity of Hearing. University directed to permit petitioners to continue studies and appear for subsequent examinations....

The petitioners, Sachin R and Prathisitha Nagar, were students of BMS College of Law, Bengaluru, affiliated with Karnataka State Law University, Hubli. They had appeared for the 3rd Semester LLB exami...

High Court

High Court of Karnataka Upholds Insurance Company's Liability in Motor Accident Claim — Deceased Was a Third Party Not a Workman Under Employees' Compensation Act. The court held that the deceased, who was sleeping inside a construction site compound after work, was not a 'workman' under the Employees' Compensation Act, 1923, and thus the insurance policy covering the vehicle involved did not exclude liability under the Motor Vehicles Act, 1988....

The appeal was filed by the Oriental Insurance Company Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 07.04.2014 passed by the XI Additional Judge,...

High Court

High Court of Karnataka Dismisses Appeal Against Grant of Probate in Succession Act Case — Appellants Not Impleaded as Parties in Probate Proceedings. The Court held that appellants who were not parties to the probate proceedings cannot maintain an appeal under Section 384 of the Indian Succession Act, 1925, as they are not 'persons aggrieved' by the grant of probate....

The present appeal was filed under Section 384 of the Indian Succession Act, 1925, challenging the order dated 26.06.2023 passed by the Principal District and Sessions Judge, Haveri in P&SC No.9/2023,...

High Court

High Court of Karnataka heard regular second appeals challenging concurrent lower court findings in a civil suit for declaration and injunction. The appeals were filed under Section 100 of the Code of Civil Procedure, 1908 against the judgments of the Senior Civil Judge, Channapatna....

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High Court