High Court of Karnataka Hears Regular Second Appeals Under Section 100 CPC Arising from Property Disputes. Appeals Challenged First Appellate Court Judgments Setting Aside Trial Court Decrees in O.S. No. 674/1992 and Connected Matters....
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Karnataka High Court
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High Court
High Court of Karnataka Upholds Validity of No-Confidence Motion Rules Under Karnataka Gram Swaraj and Panchayath Raj Act, 1993. Rule 3(1), 3(2), and 3(4) of the Karnataka Gram Swaraj and Panchayath Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha of Grama Panchayath) Rules, 1994 held intra vires the parent Act....
The petitioner, B.R. Siddaramu, was the Upadhyaksha (Vice President) of Gollahalli Grama Panchayat. He was aggrieved by a notice dated 26.08.2019 issued by the Assistant Commissioner, fixing 13.09.201...
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High Court
Karnataka High Court Allows Writ Appeal Against Suspension Order in Service Matter — Interim Stay Granted Pending Disposal of Writ Petition. Suspension Order Set Aside as Prima Facie Case Made Out for Violation of Natural Justice and Colourable Exercise of Power....
The appellant, Sri S. Murthy, was working as Secretary in the Karnataka Legislative Assembly Secretariat. He was initially appointed as Stenographer and promoted to Under Secretary in 2004. In 2005, h...
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High Court
Karnataka High Court Quashes Tahsildar's Notice for Lack of Statutory Basis — Notice Issued Without Authority of Law. The notice issued by the Tahsildar to stop construction and produce documents was quashed as it was not traceable to any statutory provision....
The petitioner, M/s Twenty Fourteen Hotels India Pvt. Ltd., challenged a notice dated 3rd December 2019 issued by the Tahsildar, Yelahanka Taluk, Bengaluru. The notice called upon the petitioner to pr...
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High Court
High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction for Rape and Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....
The appellant, Nagappa, was convicted by the II Additional District and Sessions (Special) Judge, D.K., Mangaluru, in Special Case No.39/2017 for offences punishable under Section 376 of the Indian Pe...
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High Court
High Court of Karnataka Allows Wife's Appeal in Marriage Annulment Case — Sets Aside Decree of Nullity on Grounds of Fraud. Court Holds That Husband Failed to Prove Wife Was Pregnant at Time of Marriage by Another Man, and That Non-Disclosure of Prior Pregnancy Does Not Constitute Fraud Under Section 12(1)(d) of Hindu Marriage Act, 1955....
The case involves an appeal by the wife against the judgment and decree dated 18.01.2014 passed by the Principal Senior Civil Judge & JMFC, Jamakhandi, allowing the husband's petition under Section 12...
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High Court
High Court of Karnataka Allows Decree Holder's Appeal Against Dismissal of Execution Petition for Non-Prosecution — Restoration Granted on Grounds of Sufficient Cause. The court held that the executing court erred in dismissing the execution petition for default and refusing restoration, as the decree holder had shown sufficient cause for non-appearance....
The appellant, Basavaraj S/o Shamrao Sinigond, as the legal representative of the original decree holder Chandamma, filed a writ appeal against the order of a learned Single Judge dismissing his writ ...
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High Court
High Court of Karnataka Allows Revision Petition by Owner of Motorcycle in Confiscation Proceeding Under Karnataka Excise Act Due to Prior Acquittal in Criminal Case. The Court Held That an Order of Confiscation Cannot Stand When the Accused Has Been Acquitted of the Underlying Offence on the Same Facts, as the Criminal Court’s Judgment Attained Finality and Binds the Confiscation Authority....
The petitioner owned a motorcycle that was seized by excise officials on 02.12.2008 on the allegation that it was used to transport illicit liquor. The officials claimed to have found 48 bottles of wh...
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High Court
High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree on Grounds of Cruelty and Desertion Under Hindu Marriage Act. Filing of false criminal complaints and leaving matrimonial home without cause held to constitute cruelty and desertion under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955....
The appellant, Kalpana, wife of respondent No.1 Ishwar, filed this Miscellaneous First Appeal under Section 28(1) of the Hindu Marriage Act, 1955, challenging the judgment and decree dated 11.10.2013 ...
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High Court
High Court of Karnataka Quashes Criminal Proceedings Against Pensioners in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. The court held that the dispute was purely civil and no criminal intent was made out under Sections 403, 406, 420 IPC....
The petitioners, Syed Salavuddin and Sudhakar, were accused Nos.1 and 2 in C.C.No.463/2013 pending before the Additional Civil Judge and JMFC at Humnabad, for offences under Sections 403, 406, 409, an...
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