Karnataka High Court

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and possession; no substantial question of law under Section 100 CPC....

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed by the original plaintiff (since deceased, repres...

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High Court of Karnataka Quashes POCSO and Rape Proceedings on Compromise Between Accused and Victim's Mother — Offences Under Sections 376(2)(n), 506 IPC and Sections 5(L), 5(J)(II), 6 POCSO Act Quashed as Parties Settle Dispute, Court Holds That Compromise in Cases Where Victim and Accused Have Married and Are Living Happily Warrants Quash to Secure Their Future....

The petitioner, Manjunatha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of proceedings in Special Case No.242/2023 pending before the A...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract....

The appellant, Sri Bylamurthy, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the concurrent judgments of the trial court and the first appellate court d...

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High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor....

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. The decree holder, Smt. Kota Srilakshmi Urala, ini...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. Court holds that no substantial question of law arises under Section 100 CPC where lower appellate court's finding that property is joint family property is based on evidence....

The case involves a Regular Second Appeal filed by the defendants (appellants) against the judgment and decree of the Civil Judge (Sr. Dn.), Ranebennur, dated 06.11.2007 in R.A. No. 62/2003, which rev...

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Karnataka High Court Considers Petition to Quash Criminal Proceedings in Trade Mark Infringement Case — Allegation that FIR was Wrongly Registered Under Copyright Act to Bypass Procedures Under Trade Marks Act. Petitioner Contends Non-Compliance with Section 115(4) Proviso of Trade Marks Act, 1999 as Search and Seizure Conducted Without Opinion of Registrar....

The petitioner, proprietor of an oil mill trading in gram flour under the brand 'MRS Ganapathi', filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash cr...

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High Court of Karnataka Dismisses Union of India's Appeal Against Single Judge Order Directing CGHS Medical Reimbursement to Former State Information Commissioner. Court Upholds Right to Medical Reimbursement Under CGHS Rules for Retired Government Servants, Rejecting Technical Objections on Jurisdiction and Limitation....

The case involves a writ appeal filed by the Union of India and others against an order of a single judge of the Karnataka High Court, which directed the appellants to reimburse medical expenses to th...

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High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — One Time Settlement Not Binding as Bank Did Not Accept Offer. Court Held That Mere Submission of OTS Proposal Does Not Create Binding Contract; Bank's Rejection Valid....

The petitioners, borrowers of the respondent bank, challenged the order dated 22.09.2022 passed by the Debt Recovery Tribunal-I, Bangalore in Diary No.1985/2019 and the order dated 03.06.2019 passed b...

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High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Lack of Proper Sampling Renders Conviction Unsustainable Under Section 20(b)(ii)(B) and 20(c) of Narcotic Drugs and Psychotropic Substances Act, 1985....

The High Court of Karnataka, Kalaburagi Bench, allowed two criminal appeals filed by Sharukh S/o Ayyub Khan and Shubham S/o Anupchand Chodhari against their conviction under Section 20(b)(ii)(B) and 2...