Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Allows Writ Petition Challenging Passport Refusal in Matrimonial Dispute — Passport Authority Directed to Re-issue Passport Without Show Cause Notice Violates Natural Justice. Refusal to Re-issue Passport on Ground of Pending Criminal Case Without Affording Hearing Under Section 5(2) of Passports Act, 1967 is Invalid....

The petitioners, Darshan Gurudas Vernekar (first petitioner) and his father Gurudas Vishnu Vernekar (second petitioner), filed a writ petition under Articles 226 and 227 of the Constitution of India c...

High Court

High Court Quashes Order Dismissing Application for Non-Filing of Certified Copy of Arbitral Award — Filing of Certified Copy is Mandatory Under Section 34(3) of Arbitration and Conciliation Act, 1996. The court held that an application under Section 34 without certified copy is not maintainable and cannot be cured under Section 151 CPC....

The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Principal District and Sessions Judge, Ballari, dated 24/08/2023, which dismi...

High Court

High Court of Karnataka Allows Writ Petition in Part in Specific Performance Suit — Reduces Penalty on Insufficiently Stamped Agreement of Sale and Family Settlement Deed. The court directed acceptance of reduced penalty amounts of Rs.2,200/- and Rs.100/- respectively and admission of documents in evidence, quashing the trial court's order on duty and penalty....

The petitioner, J. Ramappa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, challenging an order dated 25-11-2020 passed by...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Counter Claim in Suit for Permanent Injunction — Counter Claim Held Maintainable Despite Pendency of Earlier Suit. The court held that a counter claim arising out of the same transaction cannot be rejected under Order VII Rule 11(d) CPC on grounds of res judicata or lack of cause of action....

The petitioner, Rajeev Gandhi Gruha Nirmana Sahakari Sangha, filed a suit for permanent injunction against the respondent, Smt. Sulochana, in O.S. No. 273/2020 before the III Additional Civil Judge an...

High Court

High Court of Karnataka Allows Appeal in Commercial Arbitration Dispute Over Supply of Gloves — Restores Arbitral Award with 18% Interest. The Commercial Court's interference with the arbitral award on interest rate and remand for quantification was beyond the scope of Section 34 of the Arbitration and Conciliation Act, 1996....

The appeal arises from a commercial dispute between M/s Ethix Alloy (appellant) and HLL Lifecare Limited (respondent) concerning a contract for the supply of latex examination gloves. The appellant su...

High Court

High Court of Karnataka Allows Adoption of Minor Aged 19 Years Under Customary Law - Sets Aside Trial Court's Dismissal for Lack of Evidence on Custom. Held that Section 10 of Hindu Adoption and Maintenance Act, 1956 permits adoption of a child above 15 years if custom allows, and trial court erred in not considering evidence of custom....

The petitioners, Smt. Sharada Walagad (petitioner No.1) and Kumar Shrishail Shankareppa (petitioner No.2), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the...

High Court

High Court of Karnataka Dismisses Appeal Seeking Enhanced Compensation in Land Acquisition Case — Reference Court's Valuation of Agricultural Land at Rs.1,68,092/- Per Acre Upheld. Land Acquisition Officer's Award Based on Comparable Sale Deed Found Just and Proper Under Section 23 of Land Acquisition Act, 1894....

The appellant, Gulappa Basappa Chithapur, lost 4 acres and 2 guntas of agricultural land in Sy. No.8/1 in Karadi Village, Taluk Hunagund, due to acquisition by the Karnataka Power Transmission Corpora...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging KSRTC E-Tender Notification for Commercial Complexes at Hassan Bus Stand. Petitioner's claim of being an ongoing contractor and representations not considered as the tender process had already concluded....

The petitioner, H.N. Pruthivinarayan, claiming to be an ongoing contractor, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The petiti...

High Court

High Court of Karnataka Quashes Approval for Investigation Against Public Servant Under Section 17A of Prevention of Corruption Act, 1988 — Approval Granted Without Application of Mind and Without Considering Relevant Material...

The petitioner, Smt. Shreeroopa, a public servant, challenged an order dated 19.08.2023 passed by the State of Karnataka granting approval under Section 17A of the Prevention of Corruption Act, 1988 f...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Minor Child in Custody Dispute Between Parents — Mother's Petition Fails as Child is in Father's Custody, Not Illegal Detention. The court held that habeas corpus is not the appropriate remedy for custody disputes; the welfare of the child is paramount and should be adjudicated in family court proceedings....

The petitioner, Smt. Archana Pradhan, filed a writ of habeas corpus under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, alleging that her minor son, Master ...

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