Karnataka High Court

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High Court of Karnataka Allows Canara Bank's Petition to Quash Provisional Attachment Order Under PMLA — Priority of Secured Creditor Over Enforcement Directorate Upheld. The court held that under Section 26E of SARFAESI Act, 2002, a secured creditor has priority over the Enforcement Directorate in respect of mortgaged property, and the provisional attachment under PMLA cannot defeat the rights of the secured creditor....

The petitioner, Canara Bank, a secured creditor, had advanced loans to the third respondent, Iqbal Ahmed, who mortgaged his property in favour of the bank on 20.02.2015. The second respondent, Assista...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Voyeurism Case Due to Lack of Evidence and Malafide Complaint. Allegation of placing mobile phone to capture private images fails as no corroborative evidence or forwarding of images established under Sections 354C, 323, 506 IPC and Section 66(E) of Information Technology Act, 2000....

The petitioner, Sri Veerabhadra Swamy S, filed a criminal petition under Section 482 CrPC seeking quashing of proceedings in C.C.No.82/2023 pending before the JMFC II, Shivamogga. The proceedings were...

High Court

High Court of Karnataka Quashes Proceedings Against Accused No.8 in Immoral Traffic Prevention Act Case Due to Lack of Incriminating Material. Petitioner's name not found in any incriminating material or charge sheet, and no specific overt act attributed, leading to quashing of proceedings under Section 482 Cr.P.C....

The petitioner, Mrs. Swathi, accused No.8 in C.C.No.1397/2013, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of proceedings pending before the A...

High Court

High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956....

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The deceased had executed three Wills, the last being date...

High Court

High Court of Karnataka Quashes Deputy Commissioner's Order Cancelling Caste Certificate for Violation of Natural Justice. Petitioner's Caste Certificate Cancelled Without Show Cause Notice or Hearing Under Karnataka SC/ST Act....

The petitioner, Basavarajappa (since deceased, represented by his legal representatives), filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnata...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Matrimonial Dispute Citing Improbable Allegations. The Court Found that the Rape Allegation on the Day of Engagement Was Implausible and the Cheating Charges Were Not Maintainable in the Absence of Deception from Inception, in proceedings under Sections 376, 420, 417, 109, 504 read with 34 of the Indian Penal Code....

The High Court of Karnataka allowed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings in C.C.No.1926/2023 pending before the Additional Civil ...

High Court

High Court of Karnataka Quashes Bar Council Notice for Lack of Jurisdiction in Professional Misconduct Complaint — Complaint Filed by Judgment Debtor Against Decree Holder's Advocate Not Maintainable Under Section 35 of Advocates Act, 1961...

The petitioner, Sri Paras Jain, an advocate practicing in Bengaluru for 44 years, filed a writ petition under Article 227 of the Constitution of India challenging a notice dated 22-07-2023 issued by t...

High Court

KAHC010383542014_1...

The appeal was filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment dated 12.06.2014 and order of sentence dated 17.06.2014 passed by the VII Additional Sessions Jud...

High Court

High Court of Karnataka Allows Revision Petition in Trademark Infringement Suit — Sets Aside Trial Court Order Granting Leave to File Additional Written Statement. The court held that inherent powers under Section 151 CPC cannot be used to bypass specific procedural provisions, and allowing additional written statement after framing of issues would cause prejudice to the plaintiff....

The petitioner, M/s BTV Kannada Private Limited, filed a civil revision petition under Section 115 CPC read with Article 215 of the Constitution of India against an order dated 27.02.2023 passed by th...

High Court