Karnataka High Court

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High Court of Karnataka Quashes Revisional Order Restoring Complaint in Medical Negligence Case — Lack of Expert Opinion Under Section 155(2) of Indian Medical Council Act, 1956 Renders Complaint Not Maintainable. The court held that the mandatory requirement of obtaining expert opinion before taking cognizance of medical negligence cannot be dispensed with, and the Revisional Court erred in restoring the complaint without considering this provision....

The petitioners, Manipal Hospital and Dr. Shankar Kumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside an order dated 18.08.2020 passe...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour and Fraud Case — Lack of Specific Allegations of Mens Rea. Section 482 CrPC Petition Allowed as Complaint Failed to Disclose Essential Ingredients of Offences Under Sections 406, 420 IPC Against Directors Who Were Not Signatories to Cheques....

The petitioners, Mr. Prateek Jaswant and Mr. Sumeet Prakash, were directors of Compulse Systems Pvt. Ltd. The respondent No.2, NVCF Finance Pvt. Ltd., filed a private complaint under Section 200 CrPC ...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused....

The appellant, M. Nagappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 05.07.2011 passed by the Prl. Sr. CJ ...

High Court

High Court of Karnataka Acquits Accused in Murder and SC/ST Atrocity Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC and Sections 3(1)(x) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 set aside as prosecution failed to prove guilt beyond reasonable doubt and no evidence of caste-based offence....

The appellant, K. Kumar, was convicted by the I Additional Sessions and Special Judge, Chikkamagaluru, for the murder of Anilkumar and for offences under the Scheduled Castes and Scheduled Tribes (Pre...

High Court

High Court of Karnataka Disposes of Batch of Writ Appeals Filed Under Karnataka High Court Act Against Single Judge Order in BDA Matter. The Court’s decision and specific legal findings are not provided in the extracted text....

The High Court of Karnataka at Bengaluru, constituted by Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda, heard a batch of writ appeals on 26th February 2021. These appeals, filed under Section ...

High Court

High Court of Karnataka Dismisses Appeal in Land Grant Dispute — Upholds Single Judge's Order Setting Aside Alienation of Granted Land. Transfer of land granted to a member of Scheduled Caste without prior permission of the Government is void under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978....

The case pertains to a land grant made to Smt. Chowdamma, a member of the Scheduled Caste, under an Official Memorandum dated 18.1.1979. The land was granted on payment of upset price, and a Saguvali ...

High Court

High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Accused Failed to Rebut Presumption Under Sections 118 and 139 of Negotiable Instruments Act, 1881. Concurrent Findings of Fact Not Interfered With in Revision....

The case involves a criminal revision petition filed by the accused, S. Mohammed, challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) for dishonour of five ch...

High Court

High Court of Karnataka Quashes Dismissal of Bank Employee for Unauthorized Absence Due to Violation of Natural Justice and Disproportionate Punishment. Inquiry officer's failure to consider medical evidence and imposition of dismissal for 146 days absence held to be disproportionate under Syndicate Bank Officer Employees' (Discipline and Appeal) Regulations, 1976....

The petitioner, A.K. Siddalingappa, was an officer of Syndicate Bank working as Incharge Manager of the Stationary Pool. He was charged with unauthorized absence from duty for 146 days without prior p...

High Court

High Court of Karnataka Quashes Corruption Proceedings Against Police Inspector for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Sanction for prosecution is a condition precedent to taking cognizance of offences under the Act, and its absence renders the proceedings void ab initio....

The petitioner, an Inspector of Police, was accused No.1 in Special Case No.5004/2017 pending before the III Additional District and Sessions Judge, Ballary, sitting at Hospet, for offences punishable...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Companies and Directors in Legal Metrology Act Cases — Pre-Cognizance Notice Not Issued, Violation of Principles of Natural Justice. Complaint Filed Without Giving Opportunity of Hearing Under Section 36 of Legal Metrology Act, 2009, Proceedings Quashed....

The judgment pertains to four criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of complaints and cognizance orders passed by the Principal ...

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