Karnataka High Court

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High Court of Karnataka Allows Professor's Writ Petition Challenging Retirement at 60 Years, Holds AICTE Regulations Prescribing 65 Years as Superannuation Age for Faculty Are Binding on Private Unaided Engineering Colleges. The Court quashed the memo retiring the petitioner at 60 and directed continuation until 65, relying on the AICTE Act and Regulations....

The petitioner, Dr. G.R. Bharath Sai Kumar, was appointed as a Lecturer on 01.04.1985 at Siddaganga Institute of Technology, a private unaided engineering college affiliated to Visvesvaraya Technologi...

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High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets....

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law Tribunal (NCLT), Bengaluru, filed a writ petition...

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High Court of Karnataka Quashes Criminal Proceedings in Trespass and Mischief Case Due to Civil Property Dispute. Allegations of Criminal Trespass and Mischief Found to Be Civil in Nature, Not Attracting Penal Provisions Under Sections 427, 448, 143, 147 IPC....

The petitioners, M.C. Kumar, Balakrishna @ Balu, Rakesh, and Sumanth Balakrishna, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the order ...

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High Court of Karnataka Adjudicates Criminal Revision Petitions Challenging Rejection of Default Bail and Cognizance in NDPS Case. Court’s Analysis Focuses on Maintainability Under Section 397 CrPC and Application of Precedents....

The judgment of the High Court of Karnataka arises from two criminal revision petitions filed by the accused No.3, challenging the orders of the Special Court in a NDPS case. The background involves t...

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High Court of Karnataka Quashes Transfer Order of BSF Inspector Due to Non-Compliance with Transfer Policy and Lack of Consideration of Representation. Transfer Order Set Aside as Authority Failed to Consider Employee's Representation, Violating Principles of Natural Justice....

The petitioner, P.S. Venkatesh, an Inspector in the Border Security Force (BSF) with over 36 years of service, challenged a movement order dated 08.02.2021 transferring him from Yelahanka, Bengaluru t...

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High Court of Karnataka Hears Writ Petition Under Articles 226 and 227 and Section 482 CrPC to Quash Anticipatory Bail in Rape and Assault Case; Victim Alleges Police Complicity and Brutality, Seeks Transfer of Investigation to COD....

The matter arose from a writ petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, by Kum. Deepika, appearing in person,...

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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...