Karnataka High Court

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit Upholding Trial Court's Finding of Failure to Prove Fraudulent Sale Deed. Appeal Under Section 96 CPC Challenges Dismissal of Suit Where Plaintiff Claimed Agreement of Sale, But Trial Court Found No Proof That Subsequent Registered Sale Deed Was Invalid....

The matter originated as a suit for specific performance of an agreement of sale. The plaintiff (appellant) claimed that he was a tenant under one J.Anthony Swamy since 1988 and that on 11.06.1997, th...

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High Court of Karnataka Quashes Trial Court Order in Child Custody Dispute Under Section 482 CrPC — Lack of Jurisdiction in Criminal Court to Decide Custody. Criminal Court Cannot Entertain Application for Custody of Children Under Section 97 CrPC When Children Are Not in Illegal Detention and Are with Father....

The petitioner, Mr. Oliver Menezes, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka seeking to quash the order dated 10.01.2019 pas...

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High Court of Karnataka Quashes Cheque Dishonour Complaints Against Accused Due to Lack of Proper Service of Demand Notice. Complaints under Section 138 of Negotiable Instruments Act, 1881 dismissed as demand notice was not served at the correct address of the accused....

The judgment pertains to three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners (Moodalagiriyappa K.L., Smt. Jayamma G, and Smt. Leela M) seeking ...

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High Court of Karnataka Quashes Resumption Orders in SC/ST Land Transfer Case — Violation of Non-Alienation Condition Not Proven. Grant of Land to Scheduled Caste Person Under Karnataka SC/ST (PTCL) Act, 1978 Cannot Be Resumed Without Establishing That Transferee Was Not a Member of SC/ST....

The petitioner, Muniraju, challenged the orders of the Assistant Commissioner and Deputy Commissioner directing resumption of 2 acres 4 guntas of land in Sy.No.114 of Ramagondanhalli Village, original...

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High Court of Karnataka Dismisses Intra-Court Appeal Against Look-Out Circulars Issued by Banks Due to Default of Rs.2800 Crores. Court Holds that Petitioner’s Concession to Banks’ Power and Pending Suits Justify Travel Restriction Under Office Memoranda....

The intra-court appeal arose from the dismissal of a writ petition that challenged two Look Out Circulars issued by Bank of Baroda and Punjab National Bank and a consequential endorsement by the Burea...

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High Court of Karnataka Delivers Verdict in Criminal Appeals from Trial Court's Conviction and Acquittal in Sandeep Shetty Murder Case. Convictions Under IPC Sections 143,147,148,447,448,302/149 Challenged; State Appealed Against Acquittal for Conspiracy....

The judgment relates to three connected criminal appeals arising from the trial court's verdict in S.C. No.117/2012. The case involves the murder of Sandeep Shetty on 13.11.2011. The prosecution alleg...

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High Court of Karnataka Dismisses Petition by Foreign Shareholder Challenging Constitutional Validity of Section 272(1)(e) Companies Act, 2013. Section 272(1)(e) is not ultra vires the Constitution; second proviso to Section 272(3) does not apply to petitions under Section 272(1)(e)....

The petitioner, Devas Employees Mauritius Private Limited, a company incorporated under the laws of Mauritius and a shareholder of Devas Multimedia Private Limited (in provisional liquidation), filed ...

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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka....

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in connectio...

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High Court of Karnataka Allows Appeal in Central Excise Case — Appellant Entitled to Cenvat Credit on Input Services. Definition of 'Input Service' Under Cenvat Credit Rules, 2004 is Broad and Includes Services Having Nexus with Manufacturing Business....

The appellant, Toyota Kirloskar Motor Private Limited, is a manufacturer of motor vehicles and parts, registered under the Central Excise Act. It filed two appeals against orders of the Customs, Excis...