Karnataka High Court

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Karnataka High Court Grants Anticipatory Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence of Custodial Rape and Delay in FIR. The court held that allegations of rape on three occasions did not attract Section 376(2)(f) IPC as the victim was not in custody, and the delay in filing FIR weighed in favor of bail....

The petitioner, Hameed @ Abdul Hameed, filed a criminal petition under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.26/2020 registered at Bantwala Town Police Station, Dakshina Kannada Di...

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High Court Grants Bail to Accused in POCSO Case Due to Non-Compliance with Section 35 Mandate for Victim Examination. The court held that failure to examine the victim within 30 days under Section 35 of the POCSO Act entitles the accused to bail under Section 439 CrPC....

The petitioner, Sri Krishna V, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.33/2019 registered at Kolar Women Police Station for offenc...

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Karnataka High Court Grants Anticipatory Bail to Husband in Dowry Harassment Case — Petitioner Granted Pre-Arrest Bail Subject to Conditions. Court Held That Custodial Interrogation May Not Be Necessary for Investigation Under Sections 498A, 506 IPC and Sections 3, 4 of Dowry Prohibition Act....

The petitioner, Avinash Rajanna, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in Crime No.254/2019 registered at Jayanagar Polic...

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High Court of Karnataka Dismisses Writ Petition Challenging Land Acquisition Notification Under KIADB Act — Petitioners Failed to Demonstrate Violation of Statutory Provisions or Fundamental Rights. Preliminary Notification Under Section 28(1) of Karnataka Industrial Areas Development Act, 1966 Upheld as Petitioners Have Alternative Remedy....

The petitioners, owners of agricultural lands in Bharatipura Village, Nelamangala Taluk, challenged the preliminary notification dated 14.06.2013 issued by the State of Karnataka under Section 28(1) o...

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Karnataka High Court Dismisses Writ Petition as Withdrawn After Petitioner's Counsel Permitted to Withdraw. Order Passed on Memo for Withdrawal, No Adjudication on Merits....

Background: The petitioner, Marshal D Souza, filed a writ petition in the High Court of Karnataka at Bengaluru under Articles 226 and 227 of the Constitution of India against the State of Karnataka an...

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High Court of Karnataka Quashes Charge Sheets in Disciplinary Proceedings for Lack of Enquiry Officer Appointment — Violation of Natural Justice. Employer's failure to appoint an Enquiry Officer before issuing charge sheets renders disciplinary proceedings invalid under Industrial Employment (Standing Orders) Act, 1946....

The petitioners, employees of Hindustan Petroleum Corporation Limited, were issued charge sheets on 23.2.2012 by the Deputy General Manager. They challenged these charge sheets by filing a writ petiti...

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High Court of Karnataka Allows Amendment of Plaint in Property Dispute - Petitioner/Plaintiff Permitted to Amend Plaint to Include Alternative Relief Based on Court Commissioner's Report. Amendment Sought After Evidence and Commissioner's Report Held Not to Change Nature of Suit or Cause Prejudice to Defendant....

The petitioner/plaintiff filed a suit for declaration and permanent injunction in respect of suit schedule property, alleging that the defendant/respondent had encroached upon 20 guntas on the western...

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High Court of Karnataka Allows Condonation of Delay in Filing Revised E-Form INC-28 for Voluntary Dissolution. Court Permits Correction of Company Status from 'Under Liquidation' to 'Dissolved' Under Sections 637B, 446(2), 481 of Companies Act, 1956....

The applicant, M/s. Plyworth Marketing India Pvt. Ltd. (under liquidation), filed Company Application No.32/2019 in O.L.R. No.9/2017 before the High Court of Karnataka at Bengaluru. The company had be...

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High Court of Karnataka Allows Withdrawal of Bail Petition in Rape and Cheating Case as Not Pressed. Petitioner's counsel sought withdrawal of bail petition under Section 439 Cr.P.C. for offences under Sections 376, 420, 506 IPC and Section 66-B IT Act, and the court permitted withdrawal without adjudication on merits....

The petitioner, Sri Rakesh B, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.87/2020 registered by Rajarajeshwari Nagar Police Station, B...

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High Court Dismisses Writ Petition Challenging Rejection of Application Under Section 193 IPC in Disposed Matter. Tribunal Becomes Functus Officio After Final Order; Application Under Section 193 IPC Not Maintainable After Conclusion of Proceedings....

The petitioner, Rama Krishna, an ex-workman of SAIL-VISP, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 09.03.2020 passed by the Central Gov...