Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Allows Appeal Against Dismissal of Attachment Before Judgment in Property Dispute — Order 38 Rule 5 CPC. The court held that the trial court erred in dismissing the application for attachment before judgment as the appellants had made out a prima facie case and the respondent was likely to dispose of the property....

The appellants, who are the plaintiffs in O.S.No.160/2021, filed a suit seeking specific performance of a sale agreement dated 05.11.2018 executed by the respondent in their favor for a commercial pro...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit....

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in O.S.No.51/2014, which decreed the suit for specif...

High Court

High Court Acquits Accused in Wildlife Crime Case Due to Lack of Evidence and Procedural Lapses. Conviction under Sections 9 and 39(a) of Wild Life (Protection) Act, 1972 and Section 379 IPC set aside as prosecution failed to prove possession or sale of tiger skin beyond reasonable doubt....

The case pertains to a criminal revision petition filed by two petitioners (accused Nos. 3 and 4) challenging their conviction under Sections 9 and 39(a) of the Wild Life (Protection) Act, 1972 and Se...

High Court

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when lower courts have concurrently found that the suit property is not joint family property and that the plaintiffs failed to prove title....

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) against the judgment and decree dated 30.11.2013 passed by t...

High Court

High Court of Karnataka Allows Appeal Against Trial Court Decree for Specific Performance Due to Lack of Valid Agreement and Procedural Defects. The court found that the plaintiff failed to prove the execution of a valid sale agreement and the trial court granted declaratory relief without framing a necessary issue....

The dispute arose from a suit for specific performance filed by the respondent-plaintiff against the appellant-defendants concerning an agreement to sell immovable property. The plaintiff alleged that...

High Court

High Court of Karnataka Allows Writ Petition Challenging Mutation Entry in Land Records — Dispute Over Agricultural Land Inheritance and Partition Among Muslim Heirs. Mutation Entry Does Not Confer Title; Petitioners Entitled to Joint Possession as Co-Sharers Under Muslim Personal Law....

The petitioners, legal representatives of Syed Mohiuddin Ali @ Modin Ali, filed a writ petition challenging the mutation entry made in the revenue records in favor of respondents 1 to 3. The dispute p...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Proof of Intent. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt....

The appellant, Bhaskar Rao, was convicted by the IV Additional District and Sessions Judge, Madhugiri, for the murder of his wife Bhagyamma under Section 302 IPC and sentenced to life imprisonment. Th...

High Court

High Court of Karnataka Quashes FIR Against Government Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Private Complaint Filed Without Prior Sanction for Prosecution of Public Servant is Not Maintainable....

The petitioner, Dr. Ashok V., a District Officer in the Backward Classes Welfare Department, challenged an order dated 07.12.2021 passed by the Principal District & Sessions Judge, Chikkaballapura, in...

High Court

High Court Enhances Compensation for Driver with Spinal Injury Under Workmen's Compensation Act — 100% Loss of Earning Capacity Assessed Based on Functional Disability. The court held that a driver who suffered fracture of D-12 vertebra and could no longer bend or perform strenuous activities suffered 100% loss of earning capacity under Section 4(1)(c) of the Workmen's Compensation Act, 1923....

The appellant, Aadham Shek, a Heavy Transport Vehicle driver by profession, sustained a fracture of the D-12 vertebra (spinal cord) in a vehicular accident arising out of and in the course of his empl...

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