Karnataka High Court

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Karnataka High Court Hears Petition to Quash Rape Charges Against Advocate Filed by Law Intern. Allegations of Sexual Harassment and Attempt to Rape Under IPC Sections 354 and 376 Examined, with Focus on Distinction Between Preparation and Attempt Under Section 511 IPC....

The case involved a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 by an advocate, seeking to quash a charge sheet pending before the JMFC (III Court), Mangaluru in ...

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High Court Quashes FIR Against Accused in Land Acquisition Compensation Dispute — Lack of Criminal Breach of Trust Ingredients. Allegations of misappropriation of compensation amount by accused No.7, 8, and 10 do not constitute criminal offences under Sections 406, 409, 420 IPC as the dispute is purely civil in nature....

The petitioners, accused No.7, 8, and 10 in Crime No.251/2022 registered by Vidyagiri Police Station, Dharwad, filed a petition under Section 482 CrPC seeking quashing of the FIR and all further proce...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises where courts below have concurrently held that plaintiff failed to prove joint family property and that suit property was self-acquired by defendant....

The appellants, legal representatives of the original plaintiff N.L. Manjunatha, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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High Court of Karnataka Quashes Execution Order Against Insurance Company in Workers' Compensation Case — Attachment of Bank Account Without Notice Under Order 21 Rule 22 CPC Held Illegal. The court held that mandatory notice under Order 21 Rule 22 CPC must be issued before executing an ex parte decree, and failure to do so vitiates the attachment order....

The petitioner, The New India Assurance Company Ltd., challenged an order dated 19.04.2023 passed by the II Additional Senior Civil Judge and JMFC, Raichur, in Execution Petition No. 52/2022, whereby ...

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High Court of Karnataka Dismisses State's Appeal, Upholds Freedom Fighter's Pension to Widow — Delay in Application Not Fatal to Claim Under Freedom Fighters' Pension Scheme, 1969. The court held that the Scheme is a beneficial legislation and must be liberally construed; the widow of a freedom fighter is entitled to pension despite delay in application....

The respondent, Smt. Tayawwa, is the widow of Basalingappa Tegur, who was a freedom fighter and participated in the Quit India Movement in 1942. After the introduction of the Freedom Fighters' Pension...

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Karnataka High Court Upholds Widow's Freedom Fighter Pension Claim Despite Delay and Lack of Co-Prisoner Certificate. State's Rejection Set Aside as Scheme Does Not Require Such Proof for Widows....

The respondent, Smt. Savakka, widow of Dundayya Vibhuthimath, applied for freedom fighters' pension under the Freedom Fighters' Pension Scheme, 1969, claiming her husband participated in the Quit Indi...

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Karnataka High Court Partly Allows State's Appeal in Freedom Fighter Pension Case — Limits Arrears to Date of Application. The court held that pension being a continuing cause of action, arrears cannot be granted from the date of death of the freedom fighter but only from the date of application....

The case involves a writ appeal filed by the State of Karnataka against an order of the learned Single Judge dated 14.09.2021 in W.P. No.103247/2021. The respondent, Smt. Savantrewwa, aged 89 years, i...

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Karnataka High Court Dismisses State's Appeal, Upholds Freedom Fighter Pension to Widow Despite Delay. Court holds that beneficial legislation must be liberally construed and delay cannot defeat a widow's claim for pension under the Karnataka Freedom Fighters' Pension Rules, 2004....

The respondent, Smt. Fakirawwa alias Bhimawwa, is an 86-year-old widow whose husband, Fakirappa Sangoli, was a freedom fighter who participated in the Quit India Movement and was imprisoned. She appli...

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High Court of Karnataka Dismisses State's Appeal Against Grant of Freedom Fighter's Pension to Widow — Liberal Construction of Beneficial Pension Legislation Required Despite Delay in Application...

The respondent, Smt. Ningawwa, an 84-year-old widow, filed a writ petition before the learned Single Judge seeking quashing of the order dated 22.09.2021 passed by the State of Karnataka (first appell...