Karnataka High Court

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High Court of Karnataka Quashes Land Acquisition Award for Non-Compliance with 2013 Act — Mandamus Issued for Fresh Award Under Section 26. Land Acquisition Proceedings Initiated Under 1894 Act but Award Passed After 2013 Act Came into Force Must Comply with Compensation Provisions of 2013 Act....

The petitioner, M/s. Deco Equipments Pvt. Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an award dated 20.01.2016 passed by the Land Acquisition ...

High Court

High Court of Karnataka Quashes BBMP Endorsement and Defence Ministry Letter Restricting Construction Near Defence Establishment — Executive Guidelines Cannot Override Statutory Rights Under Article 300A and 19(1)(g) of the Constitution. The court held that the Works of Defence Act, 1903 occupies the field and any restrictions must be imposed under its provisions, not through executive guidelines....

The petitioners, Jambo Plastics Pvt. Ltd. and Merushikhar Infra LLP, owned property in Bangalore. They sought to construct a building and obtained a license from the Bruhat Bengaluru Mahanagar Palike ...

High Court

High Court of Karnataka Allows Writ Petition by Government Corporation Against BBMP in Property Tax Dispute — Civil Court Order Set Aside for Lack of Jurisdiction Under Section 147 of Karnataka Municipal Corporations Act, 1976. The Court Held That the Civil Court Cannot Entertain Suits Challenging Tax Assessments as the Act Provides a Complete Code Including Appeal Mechanism....

The petitioner, Karnataka Silk Industries Corporation Ltd, a Government of Karnataka enterprise, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of ...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property....

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family property. The trial court passed a preliminary decr...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title....

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The appellants (defendants) claimed that they had been in...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party....

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore City. He filed a suit for permanent injunction agai...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Photostat Copy Compared with Original is Admissible as Secondary Evidence Under Section 63 of Evidence Act, 1872. Section 11 of Karnataka Money Lenders Act, 1961 Does Not Mandate Production of Licence to Maintain Suit....

The appellant, Shri M. Ratnavarma Padival, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 29.07.2013 in R.A. No. 25/201...

High Court

High Court of Karnataka Reviews Trial Court Order on Memo and Injunction Application in Pending Partition Suit. Plaintiff Challenges Order Allowing Bank's Memo and Rejecting Interim Relief Under Order XXXIX Rules 1 and 2 CPC....

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High Court

High Court of Karnataka Allows Husband's Revision in Maintenance Case, Sets Aside Enhanced Maintenance Award. Wife's Cross-Revision Dismissed as Enhancement Was Not Justified Under Section 125 Cr.P.C....

The case involves a husband, Sri G. Kalasegowda, and his wife, Smt. N.K. Nethravathi, who were married and later separated. The wife filed a petition under Section 125 Cr.P.C. seeking maintenance, whi...

High Court

High Court of Karnataka Allows Appeal in Summary Suit for Recovery of Money — Defendant Granted Leave to Defend as Triable Issues Exist. The court set aside the decree and remanded the matter for trial, holding that the trial court erred in not granting leave to defend under Order 37 Rule 3(6)(a) CPC....

This appeal by the defendant is directed against the judgment and decree dated January 25, 2010 in O.S. No. 15450/2005 passed by the XXVI Addl. City Civil and Sessions Judge, Bangalore, decreeing the ...

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