Karnataka High Court

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant failed to prove that the suit property was joint family property and that the trial court and first appellate court had correctly appreciated the evidence....

The case pertains to a regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 24.07.2014 passed in R.A.No.179/2012 by the II Addition...

High Court

High Court of Karnataka Adjudicates Petitions Under Section 482 of Code of Criminal Procedure, 1973 Filed by Accused Persons in Forgery and Cheating Case. The Petitioners Challenged the Cognizance Order Dated 07.08.2015 by the Trial Court in C.C. Nos. 761 and 762 of 2015 Alleging Offences Under Sections 403, 420, 467, 468, 474, 120B of Indian Penal Code, 1860....

The common order dealt with six criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 by the accused persons in C.C. Nos. 761 and 762 of 2015 pending before the Principal ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Entrepreneur for Developing Tatkal Ticket Auto-Fill Software. The software tool merely auto-filled passenger details on IRCTC website and did not circumvent any security protocols, thus not constituting an offence under Section 143 of the Railways Act, 1989....

The petitioner, Gaurav Dahake, an IIT Kharagpur graduate and entrepreneur, developed a software tool called 'Tatkalforsure' in August 2017. The tool was designed to auto-fill passenger details on the ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sugar Industry in Water Pollution Case — Complaint Filed Without Prior Sanction Under Section 49 of Water Act. Proceedings under Sections 43, 44, and 47 of the Water (Prevention and Control of Pollution) Act, 1974 quashed as the complaint was filed without the mandatory previous sanction of the State Government or the authorized Board, rendering the prosecution invalid....

The petitioners, M/s Siddhasiri Souharda Sahakari Niyamit (a sugar and ethanol manufacturing industry), its Director, and General Manager, filed a criminal petition under Section 482 of the Code of Cr...

High Court

High Court of Karnataka Quashes FIR Against Accused Husband and Family in 498A and Dowry Harassment Case Due to Vague Allegations and Habitual Complainant. Held that Mere Stray Utterance Like Calling 'Prostitute' Does Not Constitute Cruelty Under Section 498A IPC, Relying on Kahkashan Kausar v. State of Bihar; Continued Proceedings Would Be Abuse of Process Under Section 482 CrPC....

The case arose from a petition under Section 482 of the Code of Criminal Procedure, 1973, filed by the husband (accused No. 1), mother-in-law, father-in-law, grandmother, and brother-in-law seeking to...

High Court

High Court of Karnataka Allows Writ Appeal in Service Transfer Matter — Transfer Order Set Aside Due to Non-Compliance with Transfer Policy. Court Held That Transfer of Environmental Officer Without Following the Policy of Tenure and Without Considering Objections Was Unsustainable....

The appellant, Sri K. S. Sudhakara, was working as an Environmental Officer with the Karnataka State Pollution Control Board (KSPCB). He was transferred by an order dated 25.07.2024, which was challen...

High Court

High Court of Karnataka Upholds Lokayukta's Power to Initiate Disciplinary Proceedings Without Prior Sanction — Compulsory Retirement Punishment Restored. The Karnataka Lokayukta Act, 1984, Section 12(3) confers independent power on the Lokayukta to initiate disciplinary proceedings against a public servant without prior government sanction, and the Administrative Tribunal erred in setting aside the punishment of compulsory retirement imposed on a Gram Panchayat Secretary for misconduct....

The Karnataka Lokayukta filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging the order dated 07.12.2021 passed b...

High Court

High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable....

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted by the trial court. The trial court had restrained ...

High Court

High Court of Karnataka Examines Requirement of Knowledge Under Section 25 NDPS Act for Owner's Liability. Owner's Mere Ownership of Premises Insufficient to Establish Offence Without Evidence of Knowing Permission Under Narcotic Drugs and Psychotropic Substances Act, 1985....

The petitioner, a 68-year-old man, was the owner of a property that was rented out through a property manager for a birthday party. On 20.05.2024, police raided the property, seized narcotic drugs, an...

High Court

High Court of Karnataka Quashes FIR in POCSO Case Due to Lack of Sexual Intent — Teacher's Hug of Student Not Constituting Sexual Assault Under Section 12 of POCSO Act. The court held that a mere hug without sexual intent does not amount to sexual harassment under the POCSO Act, 2012, and quashed the FIR under Section 482 CrPC....

The petitioner, Muniyappa, a drawing teacher at Morarji Desai Residential School, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.209/20...

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