Karnataka High Court

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High Court of Karnataka Allows Writ Petition for DNA Test in Paternity Dispute Under Order 26 Rule 10(a) CPC and Section 112 of Indian Evidence Act, 1872. The court set aside the Trial Court's rejection of the application for DNA test, holding that scientific evidence is necessary to determine paternity when disputed....

The petitioner, Chandru, filed a suit (O.S.No.5/2017) before the Senior Civil Judge and JMFC, Hirekerur, claiming that defendant No.1, Huchcharayappa Hanumanthappa Hullinakatti, is his father and seek...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC....

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court...

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High Court of Karnataka Quashes Reassessment Notice Under Section 148A(b) of Income Tax Act, 1961 for Lack of Proper Application of Mind. Notice and Order Set Aside as Show Cause Notice Did Not Disclose Reasons for Reopening Assessment Beyond Four Years....

The petitioner, Anand Kumar Somasheshekarayya Lonarmath, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, challenging...

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High Court of Karnataka Dismisses Union of India's Appeal Against Stay on Jute Packaging Notifications for Sugar. Court upholds interim order staying notifications mandating 100% jute packaging for sugar, finding prima facie violation of Article 14 and lack of proper consultation under Jute Packaging Materials Act, 1987....

The Union of India, through the Ministry of Textiles and the Jute Commissioner, filed a writ appeal against an interim order passed by a learned Single Judge of the Karnataka High Court in WP No. 2392...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition....

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property....

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 16.08.2009 in O.S.No.212/1997 passed by the Princi...

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High Court of Karnataka Quashes FIR in Family Property Dispute — Allegations of Cheating and Criminal Intimidation Found to Be Civil in Nature. Court holds that disputes arising from family settlements and property agreements are primarily civil in nature and cannot be criminalized under Sections 420, 504, 506 IPC without clear criminal intent....

The petitioners, Smt. Thara Peethambaram and Dr. Krishnarjun Peethambaram, who are the mother and brother of respondent No.2, P. Hari Shankar, filed a criminal petition under Section 482 CrPC challeng...

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High Court of Karnataka Considers Regularization of Staff Nurses (Stipendiary) in Light of Umadevi (3) Principle. Temporary Employees Claim Permanent Absorption After Nearly Two Decades of Service, Raising Equal Pay for Equal Work Under Articles 14 and 16....

The writ petitions were filed by ten Staff Nurses (Stipendiary) working at the Jayadev Institute of Cardiovascular Sciences and Research since their appointments between 2004 and 2007. They challenged...

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High Court of Karnataka Partially Allows Insurance Company's Appeal and Claimant's Cross-Appeal in Motor Accident Compensation Case — Tribunal's Award Modified for Future Prospects and Multiplier. Claimant's Functional Disability Assessed at 30% for Gas Distributor Work, Compensation Enhanced from Rs. 3,60,000 to Rs. 6,18,400....

The case arises from a motor accident that occurred on 18.06.2005 involving a motorcycle bearing registration No. KA-20/S-5852 and a gas autorickshaw bearing registration No. KA-20/6296. The claimant,...