Karnataka High Court

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree....

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment debtor). The decree was confirmed up to the High Cou...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process....

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the respondent (judgment debtor). The decree was conf...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside....

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherein the Trial Court acquitted the accused for the of...

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High Court of Karnataka Allows Writ Petition of BMTC Employee Challenging Reversion Without Natural Justice. Reversion from Office Helper to Cleaner Quashed for Violation of Audi Alteram Partem....

The petitioner, M.B. Jayadevaiah, was employed as an Office Helper with the Bangalore Metropolitan Transport Corporation (BMTC). He was appointed as an Office Helper on 01.10.1997. However, by a Gener...

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High Court of Karnataka Quashes FIR and Charge Sheet in SC/ST Atrocities Case for Lack of Intent to Humiliate in Public View. Allegations of Caste-Based Abuse and Assault Failed to Disclose Essential Ingredients Under Sections 3(1)(r) and 3(1)(s) of SC/ST Act, 1989....

The petitioner, Sri Shailesh Kumar V., filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No.115/2020 registered by Suryanagar Police Station...

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High Court of Karnataka Dismisses Successive Bail Petition in Murder Case — Petitioner Not Named in FIR or Hospital History, but Eye-Witness Statement and Charge-Sheet Implicate Him. The court held that the earlier bail petition was dismissed on merits and the new grounds raised were not sufficient to grant bail under Section 439 CrPC....

The petitioner, Abdul Majeed, filed a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking enlargement on bail in Crime No.178/2021 registered at Udayagiri...

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High Court Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Long Incarceration. The court allowed the successive bail petition under Section 439 CrPC, finding that the petitioner, accused No.5, was not in conscious possession of the ganja found in the car's dicky, and the FSL report did not directly implicate him....

The petitioner, Mr. Sayyad Mohammad @ Nasim, filed a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.30/2021 registered by the Econ...

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High Court of Karnataka Allows Husband's Petition in Part, Reduces Maintenance Awarded to Wife Under Section 24 of Hindu Marriage Act, 1955. Court Holds That Maintenance Must Be Based on Actual Income and Needs, Not Conjecture....

The petitioner, Sri N. Girish (husband), filed a writ petition under Article 227 of the Constitution of India challenging an order dated 31-10-2022 passed by the 4th Additional Senior Civil Judge, Ban...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased passenger in ambulance toppled due to driver's negligence; court apportions 50% contributory negligence as deceased was not wearing seatbelt and was lying on stretcher without safety measures....

The appeal was filed by the National Insurance Company Ltd. challenging the judgment and award dated 03.03.2014 passed by the Principal Senior Civil Judge & Motor Accident Claims Tribunal, Mangalore i...

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High Court Quashes Endorsement Denying Compensation in Land Acquisition for National Highway — Payment Cannot Be Withheld Due to Title Dispute After Vesting. Competent Authority Must Deposit Disputed Amount Before Court Under Section 3G(5) of National Highways Act, 1956, Not Refuse Payment....

The petitioner, T. Younis @ Unees, a landowner, challenged two endorsements dated 20.05.2022 and 20.09.2022 issued by the Special Land Acquisition Officer & Competent Authority, National Highway Autho...