Karnataka High Court

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Establish Loan Transaction and Legally Enforceable Debt....

The case arises from a complaint filed by Smt. Jayamma @ Nagamma (respondent) against Smt. Jayamma (petitioner/accused) under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleg...

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Karnataka High Court Dismisses Contempt Petition for Lack of Willful Disobedience of Interim Order in RSA. Court holds that mere violation of an order without proof of willful and deliberate disobedience does not constitute contempt under Sections 11 and 12 of the Contempt of Courts Act, 1971....

The present contempt petition was filed by the complainants under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging that the accused-contemnor had willfully and deliberately disobeyed t...

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High Court of Karnataka Delivers Judgment in Two Regular First Appeals Against Common Decree for Specific Performance of Agreements of Sale of Immovable Property. The Appellants Contended That the Agreements Were Sham and Without Consideration, While the Respondents Claimed Breach of the Right of Pre-emption Under a Lease Deed....

The appeals before the High Court of Karnataka arose from two suits (O.S. No. 6281/1994 and O.S. No. 4361/1997) filed for specific performance of two agreements of sale dated 17.03.1993. The defendant...

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High Court of Karnataka Quashes Criminal Proceedings Against Bank Officials in Cheating and Criminal Breach of Trust Case — Lack of Prima Facie Case and Malicious Prosecution Established. Court held that mere failure to repay loan does not constitute criminal offence under Sections 420, 409, 120B IPC without dishonest intention from inception....

The petitioners, Ramchandra Krishna Nayari and Gururaj Deshpande, were bank officials working as Senior Manager and Retired Chief Manager respectively at Pragati Krishna Grameen Bank and Karnataka Gra...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted....

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offence punishable under Section 138 of the Negotiable I...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint for Non-Payment of Court Fee in Declaration Suit — Trial Court Directed to Accept Court Fee and Proceed with Suit on Merits. The Court held that rejection of plaint under Order 7 Rule 11(b) CPC is not automatic and plaintiff must be given opportunity to pay deficit court fee before rejection....

The appellant, plaintiff in O.S. No.7602/2013, filed a suit for permanent injunction against the respondent/defendant regarding suit schedule property. During pendency, the plaintiff sought amendment ...

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High Court of Karnataka Quashes EPF Assessment Order Against Employer for Lack of Jurisdiction and Violation of Natural Justice. Employer's Challenge to Section 7A Proceedings Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Succeeds as Show-Cause Notice Was Not Served and Order Was Passed Without Proper Inquiry....

The petitioner, M/s. IBM India Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 15.07.2014 passed by the Regional Provident Fund Commiss...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Sets Aside Acquittal for Non-Examination of Complainant. Trial Court Erred in Acquitting Accused Solely on Ground of Complainant's Absence Without Considering Evidence on Record Under Section 138 of Negotiable Instruments Act, 1881....

The appellant (complainant) filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent (accused) had issued a cheque which was dishonoured. The t...

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Karnataka High Court Adjudicates Appeal Concerning Custody of Minor Child Under Guardians and Wards Act, 1890. Appeal challenges Family Court's order granting custody to father based on allegations of mother's adulterous conduct and welfare considerations....

The matter pertains to a first appeal filed under Section 47(c) of the Guardians and Wards Act, 1890, challenging the judgment and decree dated 03.03.2022 passed by the IV Additional Principal Judge, ...