Karnataka High Court

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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...

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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...

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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...

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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 ...

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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...

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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, ...

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High Court of Karnataka Quashes Proceedings Against Partner in Cheque Dishonour Case Due to Lack of Specific Allegations. Section 138 NI Act complaint fails to attribute any role to the partner in the issuance of the cheque....

The petitioner, Smt. K. Surekha, was a partner of a firm. The respondent, A. Santosh Kumar, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 against the firm and its...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988....

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife in a road accident. The accident occurred when the...

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High Court of Karnataka Quashes Magistrate's Order in Animal Cruelty Case — Petitioner NGO Lacks Locus Standi as Informant Not Authorized. Section 482 CrPC Petition Allowed as Complaint Filed by Unauthorized Person Cannot Be Entertained Under Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 428 IPC....

The petitioner, Compassion Unlimited Plus Action, an NGO, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the order dated 09.10.2020 passed by th...