Karnataka High Court

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High Court of Karnataka Examines Maintainability of Writ Petition Against State Consumer Commission Order in Dispute Over Electricity Tariff Reclassification. Petitioners, an electricity supply company, challenged the State Commission's order, but respondents argued that the Consumer Protection Act, 2019 provides an alternative remedy of appeal to the National Commission, raising the issue of whether the High Court should entertain the writ petition....

The Mangalore Electricity Supply Company Ltd. (petitioners) filed a writ petition under Articles 226 and 227 of the Constitution challenging the order dated 22-02-2022 passed by the Karnataka State Co...

High Court

High Court of Karnataka Quashes Magistrate's Order Reversing Fund Transfer in Cyber Fraud Case — Petitioner's Bank Account Used for Fraudulent Transaction Without Consent. The Court Held That a Magistrate Cannot Direct Reversal of Bank Transfers Under Section 451 CrPC as Such Transfers Are Not Property Subject to Speedy Destruction....

The petitioners, Sri Rahul Chari (Whole-time Director of PhonePe Private Limited) and PhonePe Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India read with S...

High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Policy Exclusion for Owner-Driven Vehicle Without Valid Driving Licence. Insurer Not Liable to Pay Compensation Where Deceased Drove Motorcycle Without Licence and Policy Excluded Owner's Liability....

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and award dated 1.6.2015 passed by the Motor Accident Claims Tribunal No.VI, Vijaypur in MVC No.209/2013. The claimants...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Mining Complaint Due to Lack of Sanction Under Section 22 of Mines and Minerals Act. Complaint Filed by Geologist Without Prior Sanction from Central or State Government is Not Maintainable....

The petitioner, M/S SVB Stone Crushers, a partnership firm represented by its partner Sri K H Suresh, filed a writ petition under Section 482 read with Articles 226 and 227 of the Constitution of Indi...

High Court

High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Dispute Arising from Family Settlement Agreement Not Constituting Criminal Offence Under Sections 420, 406, 506 IPC....

The petitioners, Sri Y.N. Sreenivasa and Smt. Suraksha, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of FIR No. 233/2018 registered by Sanjaynagar Pol...

High Court

High Court Quashes Deputy Commissioner's Order Staying SARFAESI Proceedings — Deputy Commissioner Cannot Review or Stay Section 14 Order Under SARFAESI Act, 2002. The Deputy Commissioner acted without jurisdiction by entertaining a borrower's representation and staying an order passed under Section 14 of the SARFAESI Act, 2002....

The petitioner, DCB Bank Limited, had lent money to one A.C. Santhosh, who defaulted on loan repayments, causing the account to become a non-performing asset. The Bank initiated proceedings under the ...

High Court

High Court of Karnataka Examines Appeal Against Conviction for Murder and Destruction of Evidence Under Sections 302 and 201 IPC. Evidence of Last Seen and Recovery of Weapon at Instance of Accused Considered in Light of Panch Witnesses' Hostile Testimony....

The criminal appeal arises from the judgment of the V-Additional District and Sessions Court, Mandya, in S.C. No.47/2011 dated 06.08.2016, convicting the appellants (accused Nos. 1 and 2) for offences...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Courts Below Upheld. Plaintiff Failed to Prove Title Over Suit Schedule Property Through Maternal Grandfather....

The appellant, Gangappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments of the trial court and the first appellate court whi...

High Court

High Court of Karnataka Quashes Proceedings Under Environment Protection Act for Noise Pollution Allegations — Lack of Sanction Under Section 15(1) Renders Prosecution Invalid. The Court held that cognizance of an offence under Section 15(1) of the Environment (Protection) Act, 1986 without prior sanction by the Central Government or authorized officer is illegal and proceedings are liable to be quashed....

The petitioner, Mahendra Solanki, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of proceedings in C.C.No.2408/2022 pending before the XXX Additi...

High Court

High Court of Karnataka Quashes FIR Against Company and Directors in Prevention of Corruption Act Case Due to Lack of CBI Jurisdiction. Registration of FIR Without Involvement of Public Servant and Based on RBI Master Circular Held Without Authority, and Section 120B IPC Cannot Apply Standalone....

The case involved Associate Lumbers Private Limited and its directors, who had availed loan facilities from Corporation Bank (later Union Bank of India) since 2003, with the last renewal in 2015 enhan...

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