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High Court of Karnataka Dismisses Writ Petition Challenging Labour Court Order in Industrial Dispute — Co-operative Society's Challenge to Reinstatement of Workmen Fails for Lack of Jurisdictional Error. The court upheld the Labour Court's award directing reinstatement with continuity of service and 50% back wages, finding no perversity or error of law warranting interference under Article 226....

The petitioner, Indian Coffee Workers' Co-operative Society Limited, filed a writ petition under Article 226 of the Constitution of India challenging an award dated 30.09.2019 passed by the Labour Cou...

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  • 317
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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim — Negligence of Deceased Rider Established but Compensation Enhanced. Future Prospects, Multiplier, and Conventional Heads Recalculated as per Pranay Sethi and Sarla Verma....

The case arises from a motor accident that occurred on 20.06.2016, when the deceased Yashawant Dafale was riding a motorcycle bearing registration No. MH-13/CG-9355 and met with an accident, resulting...

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  • 223
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High Court of Karnataka Allows Writ Petition in Labour Dispute Over Territorial Jurisdiction — Labour Court Erred in Dismissing Claim on Preliminary Issue of Jurisdiction Without Full Trial. Part of cause of action arose within Labour Court's jurisdiction under Section 10 of Industrial Disputes Act, 1947....

The petitioner, A Vishwanath Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order/award dated 06-08-2011 in I.D. Application (LCM) No.15/1997 pas...

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  • 196
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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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  • 136
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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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  • 132
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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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  • 60
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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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  • 117
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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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  • 220
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High Court of Karnataka Allows Appeal in Declaration and Injunction Suit — Plaintiff's Title to Property Upheld Based on Unregistered Will and Adverse Possession. Court holds that an unregistered Will can be proved under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, and that a plaintiff in possession can seek declaration of title without seeking possession....

The appellant, Smt. V. Lalitha, was the plaintiff in a suit for declaration of title and permanent injunction in respect of a property bearing Sy. No.29/1 of Kacharakanahalli Village, Bengaluru. She c...

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  • 298
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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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