Karnataka High Court

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions....

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the order dated 17.03.2021 passed by the XL Additi...

High Court

High Court of Karnataka Kalaburagi Bench Allows Writ Petition Challenging Central Administrative Tribunal Order Granting MACP-III Benefits. Selection as Postal Assistant After Limited Departmental Competitive Examination Treated as Promotion, Disentitling Employee from Third Financial Upgradation Under MACP Scheme, Relying on Precedent....

The case pertains to a retired Sub Postmaster who sought the benefit of the Modified Assured Career Progression (MACP) scheme, specifically the third financial upgradation (MACP-III). He was appointed...

High Court

High Court of Karnataka Dismisses Petitions Challenging Special Joint House Committee on Nursing Education. Legislative Privilege Upheld as Committee Formation Not Found Unconstitutional....

The petitioners, Hyderabad Karnataka Nursing Management Association and Karnataka Nursing Institutions Management Association, filed writ petitions under Articles 226 and 227 of the Constitution of In...

High Court

High Court of Karnataka hears civil miscellaneous petition seeking termination of existing arbitral tribunal and appointment of independent sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The dispute arises from a works contract where the contractor sought replacement of the arbitrator appointed by the department on grounds of bias and non-compliance with disclosure requirements....

The petitioner, a contractor, was awarded a works contract by the Central Public Works Department (CPWD) for construction of a Sewage Treatment Plant. The contract contained a detailed dispute resolut...

High Court

High Court of Karnataka Appoints Sole Arbitrator in Share Subscription Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Court holds that existence of arbitration clause in Share Subscription Agreement and Shareholders Agreement warrants appointment of arbitrator despite objections regarding non-signatory parties and limitation....

The petitioner, Minions Ventures Private Limited, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to adjudicate disputes ar...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Credible Evidence and Inconsistencies in Prosecution Case. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt....

The appellant, Rangappa, was convicted by the III Additional District and Sessions Judge, Kolar (sitting at K.G.F.) in S.C.No.122/2015 for the murder of Gowramma, with whom he had an illicit relations...

High Court

High Court of Karnataka Dismisses NIA Petition Seeking Aadhaar Data of Accused in Terror Case — UIDAI Cannot Be Directed to Share Authentication Logs Without Statutory Basis. The court held that Section 91 CrPC cannot override the Aadhaar Act's privacy protections under Section 33, and the right to privacy under Article 21 bars disclosure of authentication data without specific statutory provision....

The National Investigation Agency (NIA) filed a writ petition before the High Court of Karnataka seeking a direction to the Unique Identification Authority of India (UIDAI) to disclose the Aadhaar aut...

High Court

High Court Dismisses Writ Petition Challenging Recall of Credit Facilities and SARFAESI Notice — Alternative Remedy Available. Petitioner's challenge to recall of credit facilities and SARFAESI notice dismissed as not maintainable due to availability of alternative remedy under Section 17 of SARFAESI Act....

The petitioner, M/s Nitesh Residency Hotels Pvt. Ltd., a heavy borrower, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. ...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed....

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have purchased items 1 and 3 from the defendant under ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Negligence on Part of Deceased Driver. Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988 as Tribunal Correctly Applied Structured Formula Without Need to Prove Negligence....

The appeal was filed by the insurance company, Reliance General Insurance Company Limited, challenging the judgment and award dated 09.05.2014 passed by the I Additional Senior Civil Judge and Member,...

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