Karnataka High Court

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High Court of Karnataka Quashes NCLT Order Directing State to Permit Windmill Operations in Insolvency Case. NCLT Exceeded Jurisdiction by Exercising Judicial Review Over Administrative Decision, Following Supreme Court Decision in Embassy Property Developments v. State of Karnataka....

The dispute arose out of insolvency proceedings against M/s Wind World (India) Limited, which held a lease over forest land for operating windmills. The lease expired in 2018, and the company applied ...

High Court

High Court of Karnataka Examines Labour Court's Jurisdiction Under Section 33(C)(2) of Industrial Disputes Act. The Court Considers Whether a Disputed Claim of Arrears of Salary Can Be Adjudicated in a Section 33(C)(2) Proceeding Without Prior Adjudication of the Workman's Status....

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High Court

High Court of Karnataka Allows Appeals in Part, Holding Insurance Company Not Liable for Interest on Workmen Compensation; Interest Liability Rests on Employers Under Section 4-A(3)(a) of Employees' Compensation Act, 1923, as Contractual Policy Did Not Cover Interest. The Court Modified the Commissioner's Order to Exonerate the Insurer from Interest Payment....

The High Court of Karnataka at Bengaluru dealt with two appeals filed under Section 30(1) of the Employees' Compensation Act, 1923, arising from the same order of the Commissioner for Workmen Compensa...

High Court

High Court of Karnataka Upholds Conviction Under Section 138 NI Act as Material Alteration Defence Fails Due to Drawer’s Knowledge. Court Relies on Accused’s Own Photocopy Showing Alteration to Conclude That Alteration Pre-Existed Issuance, Thus No Violation of Section 87....

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent against the petitioner for dishonour of a cheque for Rs.10 lakhs. The petitioner was ...

High Court

High Court of Karnataka Sets Aside Dismissal of Criminal Appeal for Non-Prosecution in Cheque Bounce Case — Violates Principle that Appeal Against Conviction Requires Hearing on Merits. The Court held that a criminal appeal against conviction under Section 138 of Negotiable Instruments Act cannot be dismissed for default and directed appointment of amicus curiae in absence of counsel....

The revision petition arose from the dismissal of a criminal appeal for non-prosecution. The revision petitioner, convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Trial Court...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Injunction Against Media Publication of Personal Photographs — Right to Privacy vs. Freedom of Press. Petitioner failed to establish that the photographs were private or that publication caused irreparable harm, and the court declined to restrain media from publishing matters of public interest....

The petitioner, Smt. Roopa D., an IAS officer, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a permanent injunction rest...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead....

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of suit schedule property. He claimed that the property ...

High Court

High Court of Karnataka Quashes Arrest Warrant Against Gram Panchayat Officials in Execution Proceedings, Directs Compliance with Injunction Decree. The court set aside the ex-parte order passed under Order 21 Rule 32(1) CPC for arrest of judgment debtors on the ground of violation of natural justice and on consent, with a direction to strictly abide by the decree....

The instant writ petition under Articles 226 and 227 of the Constitution of India impugned an order dated 07.02.2023 passed by the Principal Civil Judge & JMFC, Chikkodi in Execution Petition No.24/20...

High Court

High Court of Karnataka Upholds Conviction in Rape and Murder of Minor; Confirms Death Sentence. Eight-year-old victim was raped and murdered; accused convicted under IPC and POCSO Act, death penalty confirmed under Section 302 IPC and Section 6 POCSO Act....

The case arose out of the rape and murder of an 8-year-old girl in Yakapura village. The victim was the daughter of PW.1, who was a coolie worker. On 02.12.2019, PW.1 returned home at 5:00 p.m. and fo...

High Court

High Court of Karnataka Allows Husband's Petition for Joint Custody of Minor Daughter in Family Court Dispute — Emphasizes Welfare of Child as Paramount Consideration Under Guardian and Wards Act, 1890. The court set aside the Family Court's order rejecting joint custody and remanded for fresh consideration, holding that joint custody can be granted to ensure both parents have meaningful access to the child....

The petitioner, Mr. Joseph Kevin Selvadoray, husband of the respondent Shabana Bukht, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13-10-2022 passed ...

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