Karnataka High Court

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High Court of Karnataka Quashes Dismissal of Employee for Unauthorized Absence in Hindustan Aeronautics Limited — Procedural Violation Found as Enquiry Officer Failed to Consider Medical Certificates and Conducted Ex Parte Proceedings Without Proper Justification. The court held that disciplinary proceedings must comply with principles of natural justice and that medical certificates cannot be ignored in cases of absence....

The petitioner, Sri C. Ramesh, was employed as an Engineer Grade II in the Research and Design Division of Hindustan Aeronautics Limited (HAL) in Bengaluru. He worked for about one year and six months...

High Court

High Court of Karnataka Quashes FIR Against Private Security Agency for Lack of Sanction Under Section 20 of Private Security Agencies (Regulation) Act, 2005. Court held that prosecution under Section 20 requires prior sanction of the controlling authority as per Section 21 of the Act, and in absence thereof, FIR is liable to be quashed....

The petitioner, M/s. G.C.D Motors and M/s. Mangesh Motors, filed two petitions under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR in Crime No.8/2018 registered...

High Court

High Court of Karnataka Sets Aside Impounding Order Under Karnataka Stamp Act for Non-Compliance with Section 33 Procedure. Deficit Stamp Duty and Penalty Levied Without Proper Adjudication Under Section 34 of Karnataka Stamp Act, 1957....

The petitioner, who was the second defendant in an eviction suit (O.S.No.5192/2011) pending before the III Additional City Civil Judge, Bengaluru, filed a writ petition under Article 227 of the Consti...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition....

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. She claimed that the suit schedule properties were...

High Court

High Court of Karnataka Quashes Sessions Court Order Under Section 311 Cr.PC for Lack of Jurisdiction After Case Posted for Judgment. Sessions Court Cannot Summon Witnesses Under Section 311 Cr.PC Once Matter Reserved for Judgment....

The petitioners, accused nos.1 to 3 in S.C.No.239/2017 pending before the I Addl. Sessions Judge, Kalaburagi, for offences punishable under Sections 302, 201 read with 34 IPC, challenged the order dat...

High Court

High Court of Karnataka Allows Transposition of Defendant as Plaintiff in Partnership Dissolution Suit Under Order XXIII Rule 1A CPC. The court held that a defendant with a substantial interest in the suit can be transposed as plaintiff when the original plaintiff seeks withdrawal after a preliminary decree....

The case involves a suit for dissolution of partnership and rendition of accounts filed in 1986. A preliminary decree for dissolution was passed on 31.08.1990, and the enquiry for accounts and mesne p...

High Court

High Court of Karnataka Quashes Criminal Defamation Case Against 23 Accused for Lack of Sanction Under Section 199 CrPC. Private Complaint for Defamation Under Section 500 IPC Cannot Proceed Without Prior Sanction from Competent Authority When Alleged Defamation Relates to Publication of a Report by a Public Servant in Official Capacity....

The petitioners, 23 individuals, were accused in a private complaint filed by the respondent under Section 500 of the Indian Penal Code, 1860 (IPC) for criminal defamation. The complaint alleged that ...

High Court

High Court of Karnataka Dismisses PIL Seeking Investigation Under Section 212 of Companies Act, 2013 Against Azim Premji and Others — Petition Held Not Maintainable Due to Lack of Personal Cause of Action and Availability of Alternative Remedy Under Section 213 of Companies Act, 2013....

The petitioner, India Awake for Transparency, a non-governmental organization, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the Union of India (first res...

High Court

High Court of Karnataka Acquits Revenue Inspector in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole trap witness was declared hostile and prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt....

The appellant, B. Bhogananjappa, a Revenue Inspector, was convicted by the Special Court and III Additional District & Sessions Judge, Mysuru in Special Case No.36/2007 for offences under Sections 7, ...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015....

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Order 43 Rule 1(q) of the Code ...

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