Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Commercial Quantity Evidence. The court held that the search and seizure without complying with Section 50 of NDPS Act vitiates the seizure and that the quantity of ganja (45 kg) was not established as commercial, thus Section 37 rigors not attracted....

The petitioner, Sri Ranjith R.S., filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in connection with NCB F.No.48/1/18/2020 BZU registered by ...

High Court

High Court of Karnataka Quashes Execution Court Order Restricting Eviction Decree to 1500 sft. — Decree-Holder Entitled to Possession of Entire Demised Premises Including 150 sft. Staircase Area. Execution Court Cannot Modify Decree by Excluding Part of Demised Premises Based on Alleged Admission in Execution Proceedings....

The petitioners, as decree-holders in Execution Petition No. 457/2020, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 28.09.2020 passed by the XXXV Add...

High Court

High Court of Karnataka Allows Petitioner's Challenge Against Rejection of Prospecting Licence Application Under Section 10-A of Mines and Minerals Act. Application Filed Before Amendment Not Rendered Ineligible as It Was Pending When Amendment Came Into Force....

The petitioner, M/s J K Cement (Western) Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10 June 2020 passed by the State of Karnataka...

High Court

High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Ingredients of Offence Under Section 138 of Negotiable Instruments Act, 1881. Court Held That Mere Issuance of Cheque Without Existing Liability Does Not Attract Offence Under Section 138 NI Act....

The petitioners, who were employees of Bagalkot Cement and Industries Limited, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.86/2016 registered ...

High Court

High Court of Karnataka Allows Revision Petitions in Domestic Violence and Dowry Harassment Cases — Orders Quashed Due to Procedural Irregularities and Lack of Proper Application of Mind. The court held that orders under the Protection of Women from Domestic Violence Act, 2005 and convictions under IPC and Dowry Prohibition Act must be based on proper application of mind and evidence....

The case involves multiple criminal revision petitions filed before the High Court of Karnataka at Bengaluru, challenging orders passed by lower courts in matters under the Protection of Women from Do...

High Court

High Court of Karnataka Dismisses Contempt Petition for Lack of Jurisdiction Over Tribunal Orders. Karnataka Appellate Tribunal is not a 'Court' subordinate to High Court under Section 10 of Contempt of Courts Act, 1971....

The complainant filed a contempt petition under Sections 10 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, alleging willful disobedience of an order dat...

High Court

High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined...

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigation into illegal mining operations in Karnataka. Th...

High Court

High Court Dismisses Revenue's Appeal in Software Export Tax Exemption Case. ITAT's finding that assessee's software development services qualify as 'computer software' under Section 10B of Income Tax Act, 1961 upheld....

The present appeal was filed under Section 260-A of the Income Tax Act, 1961 by the Income Tax Department (appellants) against the order dated 19.01.2018 passed by the Income Tax Appellate Tribunal (I...

High Court

High Court of Karnataka Quashes Termination of Contractual Employee for Availing Maternity Leave — Maternity Benefit Act, 1961 Overrides Contract Terms. Termination of a woman employee for availing maternity leave is illegal and violative of the Maternity Benefit Act, 1961 and fundamental rights under Articles 14, 15, 21, and 42 of the Constitution....

The petitioner, Smt. B.S. Rajeshwari, was appointed as a Project Information Officer on a contract basis under the Nagarothana (Municipality) 3rd Stage Scheme by the Directorate of Municipal Administr...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Conviction for Dishonour of Cheque When Debt is Less Than Cheque Amount. The court held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 applies to the existence of a legally enforceable debt, and the accused must rebut it; mere discrepancy in amount does not vitiate the complaint if the debt is proved....

The appellant, M. Ramesh Kumar, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Riyaz Ur Rehaman, alleging that the respondent had borrowed Rs.8,00,...

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