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Karnataka High Court Allows Councillors' Appeals Against Disqualification for Defection Under Karnataka Municipalities Act, 1964 — Holds That Disqualification Proceedings Must Comply With Natural Justice and Specific Statutory Provisions. The court set aside the disqualification orders and remanded for fresh consideration after providing notice and hearing....

The judgment pertains to a batch of writ appeals filed by councillors of various town municipal councils and town panchayats in Karnataka, challenging their disqualification by the Karnataka State Ele...

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  • 98
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Karnataka High Court Allows Appeals of Councillors Challenging Disqualification Orders in Election Dispute — Holds That Show-Cause Notice Must Contain Specific Allegations and That Disqualification Cannot Be Based on Non-Specified Grounds Under Karnataka Municipalities Act, 1964....

The case involves a batch of writ appeals filed by councillors of various town municipal councils and panchayats in Belagavi district, Karnataka, challenging the orders of a learned Single Judge who d...

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  • 121
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High Court of Karnataka Dharwad Bench Considers Writ Appeals by Councillors in Local Body Election Matter — Appeals challenge orders of Single Judge directing State Government and Election Commission....

Ten individuals, serving as councillors of various town panchayats and municipal councils in Belagavi district, filed writ appeals under Section 4 of the Karnataka High Court Act, 1961, against orders...

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  • 107
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Karnataka High Court Dharwad Bench Dismisses Petition Challenging Notification for Gram Panchayat Election Due to Non-Constitution of Panchayat. Court Rules That Two-Thirds Majority Under Section 5(7) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 Requires Rounding Up Fractional Member Count, and 14 Elected Members Out of 22 Falls Short....

The case involved a writ petition under Articles 226 and 227 of the Constitution of India filed by fourteen individuals who were elected as members of Yamanoor Gram Panchayat in a general election hel...

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  • 245
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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Fails to Prove Breach of Policy Conditions. The court held that the insurer must prove that the driver did not have a valid driving license by adducing cogent evidence, and mere allegations are insufficient to avoid liability under Section 173(1) of the Motor Vehicles Act, 1988....

The case involves an appeal filed by United India Insurance Co. Ltd. against the judgment and award dated 26.08.2009 passed by the Additional District and Sessions Judge, Chitradurga, in MVC No.1371/1...

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  • 185
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High Court of Karnataka Upholds Insurer’s Liability for Light Goods Vehicle Accident Despite Expired Transport Endorsement on Driver’s License. LMV Licence Sufficient to Drive Light Goods Vehicle Under 7500 kg; Interest Reduced from 9% to 6% per Annum....

The appeal arose from a claim petition filed by a motorcyclist who sustained grievous injuries in an accident on 17.02.2014 when a Canter lorry (registration No. KA-13-6866) driven in a rash and negli...

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  • 110
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High Court of Karnataka Dismisses Insurance Company's Appeal Against No Fault Liability Award in Motor Accident Claim. The court held that the award under Section 140 of the Motor Vehicles Act, 1988 is a summary proceeding and cannot be challenged on grounds of contributory negligence or absence of valid driving license....

The appeal was filed by the Oriental Insurance Company challenging the judgment and award dated 26.06.2010 passed by the Fast Track Court-II and Additional MACT, Mysuru in MVC No.476/2009, whereby the...

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  • 96
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High Court of Karnataka Dismisses Insurer's Appeal in Workmen's Compensation Case — Cleaner's Death During Employment Covered Under Workmen's Compensation Act, 1923. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurer Liable to Pay Compensation....

The case involves an appeal filed by The New India Assurance Co. Ltd. under Section 30(1)(a)(aa) of the Workmen's Compensation Act, 1923, challenging the award dated 25.04.2013 passed by the Labour Of...

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  • 175
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High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence....

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the order dated 17.11.2017 passed by the LVIII Additi...

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  • 40
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High Court of Karnataka Enhances Compensation for Workman in Tractor Accident Case — Loss of Earning Capacity Reassessed at 100% Under Employee's Compensation Act, 1923. Amputation of leg and fracture rendered driver permanently totally disabled, warranting full compensation....

The appellant, Shrishail Mallappa Ganiger, was employed as a driver of a tractor owned by respondent No.1, Girish Subhash Dhavaleshwar, and insured with respondent No.2, National Insurance Co. Ltd. On...

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