Karnataka High Court

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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. Suit for Partition and Separate Possession of Half Share in Joint Family Properties Dismissed as Appellant Failed to Prove Substantial Question of Law....

The respondent-plaintiff filed a suit for partition and separate possession of her half share in the suit schedule properties against the appellant-defendant. The trial court dismissed the suit, and t...

High Court

High Court of Karnataka Dismisses Bail Appeal in NIA Case — Accused No.16 in Terror Conspiracy Case Denied Bail Due to Prima Facie Involvement and Flight Risk. The court held that the accused's active participation in the conspiracy and the serious nature of offences under the Unlawful Activities (Prevention) Act, 1967 and Indian Penal Code, 1860 warranted denial of bail....

The appellant, Zabiulla @ Zabibulla, accused No.16 in Spl.C.C.No.320/2020, filed a criminal appeal under Section 21(4) of the National Investigation Agency Act, 2008, challenging the order dated 08.07...

High Court

High Court of Karnataka Allows Retired Bank Employee's Writ Petition Challenging Denial of Pension — Orders Release of Pension with Interest at 6%. Pension is a right and not a bounty; disciplinary proceedings abate on retirement unless rules permit continuation; denial of pension without valid proceedings is arbitrary....

The petitioner, Gururaj Ramacharya Havanur, was a retired employee of Syndicate Bank (respondent-Bank) who had served as Manager at Ballari from 2007 to 2011. On 03.11.2011, the Bank issued an article...

High Court

High Court of Karnataka Upholds Labour Court Award of Reinstatement in Forest Department Termination Case — Workman Entitled to Reinstatement Despite Procedural Lapses as Termination Violated Section 25-F of Industrial Disputes Act, 1947....

The petitioners, the Chief Conservator of Forest, Zilla Panchayat, Deputy Conservator of Forest, and Range Forest Officer, Kalaburagi, challenged the award dated 16.03.2019 passed by the District Judg...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Employer-Employee Relationship Excludes Third Party Liability Under Motor Vehicles Act, 1988. The court held that a cleaner-cum-conductor employed by the vehicle owner is not a third party and cannot claim compensation under Section 147 of the Motor Vehicles Act, 1988, as the remedy lies under the Workmen's Compensation Act, 1923....

The appeal was filed by the Insurance Company challenging the judgment and award dated 21.3.2012 passed by the District Judge, Additional MACT-II, I Fast Track Court, Shimoga in MVC No.650/2010, award...

High Court

High Court of Karnataka Acquits Appellants in Murder Case Due to Lack of Credible Evidence and Benefit of Doubt. Conviction under Sections 302, 120B, 201 IPC Set Aside as Circumstantial Evidence Failed to Establish Guilt Beyond Reasonable Doubt....

The case involves two criminal appeals filed by Manjunatha and Mohan Kumar against their conviction by the III Additional District and Sessions Judge, Bangalore Rural District, Anekal, in S.C. No. 502...

High Court

High Court of Karnataka Allows Appeal Against Return of Counter Claim in Civil Suit — Order 7 Rule 10 CPC Not Applicable to Counter Claims. The trial court erred in returning the counter claim under Order 7 Rule 10 CPC as that provision applies only to plaints, not counter claims; the counter claim must be dealt with under Order 8 Rule 6A CPC....

The appellant-plaintiff, M/S. Shah Polymers, filed a suit (O.S.No.337/2008) against the respondents-defendants, M/S. Canara Poly Pack Ltd. and another, before the Principal Civil Judge (Jr.Dn.), Benga...

High Court

High Court of Karnataka Quashes Defamation Complaint Against Software Engineer and Parents for Lack of Specific Allegations and Inordinate Delay. Complaint filed after 5 years of alleged defamatory statements under Sections 499, 500, 501 IPC quashed under Section 482 CrPC....

The petitioners, Savita Eli, Subhashchandra Eli, and Trilochna Eli, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of a private complaint (P.C. No.1...

High Court

High Court of Karnataka Quashes Enquiry Notices Against Cooperative Society for Lack of Jurisdiction Under Section 64 of Karnataka Cooperative Societies Act, 1959. Notices Issued by Deputy Registrar Without Proper Application of Mind and Without Disclosing Prima Facie Case Set Aside....

The petitioners, Lingasugur Taluk Halumata Abhivrudhi Samiti (R) and its office bearers, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnatak...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Lack of Proof of Income and Medical Expenses. Claimant's Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Medical Expenses Was Based on Conjectures....

The case involves a motor accident claim arising from an incident on 14.12.2005 when the claimant, Ravikumar, a pedestrian, was hit by a car bearing registration No. KA-09/M-5555 while crossing the ro...

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