Karnataka High Court

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Karnataka High Court

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Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction....

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate developer, challenging an order of the Karnataka Real ...

High Court

High Court of Karnataka at Kalaburagi Adjudicates Regular First Appeals Against Partition Decree. Trial Court Had Decreed Suit for Partition and Separate Possession, and Appeals Under Section 96 of Code of Civil Procedure, 1908 Challenge That Decree....

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High Court

High Court of Karnataka Quashes Disqualification of Municipal Members Under Anti-Defection Law — No Defection Found as Members Voted Against Party Whip in President Election Without Express Direction. Karnataka Local Authorities (Prohibition of Defection) Act, 1987 — Sections 3 and 4 — Disqualification set aside as whip was not issued by authorized person and members did not voluntarily give up membership....

The petitioners, three women members of the Town Municipal Council, Mahalingapur, belonging to the Bharatiya Janata Party (BJP), were disqualified by the Deputy Commissioner, Bagalkot, under Sections ...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Motorcyclist Due to Negligence. Claimants entitled to compensation under Motor Vehicles Act, 1988 as Tribunal erred in dismissing petition on ground of contributory negligence without proper evidence....

The appeal was filed by the claimants (appellants) against the judgment and award dated 05.02.2019 passed in MVC No.82/2017 by the Senior Civil Judge and Motor Accident Claims Tribunal, Gangavathi, di...

High Court

High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurer Liable Despite Driver Holding Licence for Non-Transport Vehicle. Driver's Licence to Drive Non-Transport Vehicle Covers Transport Vehicle of Same Class Under Section 10 of Motor Vehicles Act, 1988....

The appeal was filed by the owner of the offending vehicle challenging the judgment and award of the Motor Accidents Claims Tribunal, Harihar, which had fastened liability on the insured (owner) on th...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession....

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of the original plaintiff) against the judgment and de...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Tribunal Order in Service Transfer Matter — Petitioner Fails to Establish Jurisdictional Error. The Court upheld the Karnataka State Administrative Tribunal's interim order directing status quo regarding the transfer of a District Health Officer, finding no perversity or lack of jurisdiction in the Tribunal's decision....

The petitioner, Dr. Patil Shashi, a District Health and Family Welfare Officer, filed a writ petition before the High Court of Karnataka challenging an interim order dated 04.11.2022 passed by the Kar...

High Court

High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No. 103196 of 2018 — Claimant Awarded Additional Amount for Injuries Sustained in Collision. The court held that the compensation for pain and suffering, loss of amenities, and future prospects should be enhanced to adequately compensate the claimant for the injuries and disability suffered under Section 173(1) of the Motor Vehicles Act, 1988....

The appellant, Somappa Balappa Nandi, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 12.12.2017 passed by the XII Additional District and Se...

High Court

Karnataka High Court Quashes Trial Court Order Impounding Agreement of Sale Already Admitted in Evidence; Holds That Once Document Admitted Without Objection, Its Admissibility Cannot Be Challenged Under Karnataka Stamp Act, 1957. The District Court's Revision Under Section 58 Was Maintainable Only by Court or Deputy Commissioner, Not by Private Party....

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging an order of the Trial Court directing impounding of an agreement of sale (Ex.P1) for collection of stamp...

High Court

High Court of Karnataka Allows Writ Petition for Passport Renewal Despite Pending Divorce Proceedings. Passport Authority Directed to Renew Passport Without Spouse's Consent as Passport Act 1967 Does Not Require Such Consent....

The petitioner, S. Nancy Nithya, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Regional Passport Officer, Bangalore, to renew her passport wh...

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Karnataka High Court

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High Court of Karnataka at Kalaburagi Adjudicates Regular First Appeals Against Partition Decree. Trial Court Had Decreed Suit for Partition and Separate Possession, and Appeals Under Section 96 of Code of Civil Procedure, 1908 Challenge That Decree....

High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurer Liable Despite Driver Holding Licence for Non-Transport Vehicle. Driver's Licence to Drive Non-Transport Vehicle Covers Transport Vehicle of Same Class Under Section 10 of Motor Vehicles Act, 1988....

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession....

High Court of Karnataka Allows Writ Petition for Passport Renewal Despite Pending Divorce Proceedings. Passport Authority Directed to Renew Passport Without Spouse's Consent as Passport Act 1967 Does Not Require Such Consent....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Upholds State's Authority to Charge Transfer Premium in Liquidation Proceedings...

High Court Dismisses Application Challenging Order for Data Extraction from Mobile Phone i...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Sets Aside High Court Order on Temple Property Gift — Affirms State's Cust...

Supreme Court Dismisses Appeal Against Charge Framing in Corruption Case — Upholds High ...

Supreme Court Sets Aside High Court Order on E-Auction Cancellation — Directs Fresh Auct...