Karnataka High Court

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High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans....

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed by the respondent, M/s Kerala Agro Seeds. The res...

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High Court of Karnataka Allows Impleading Application in Specific Performance Suit — Petitioner Has Right to Be Heard as Intending Defendant. The court held that the petitioners, claiming ownership of the suit property, were necessary and proper parties under Order I Rule 10 CPC and their impleadment would enable complete adjudication of the disputes....

The petitioners, claiming to be the sons of the original owner of the suit property, filed an impleading application in a specific performance suit (O.S. No.124/2016) filed by the first respondent aga...

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High Court of Karnataka Quashes Dismissal Order in Service Dispute — Violation of Natural Justice. Dismissal under Rule 8(viii) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 without disciplinary inquiry held illegal....

The petitioner, B.Y. Nilugal, an Assistant Executive Engineer in the Karnataka Housing Board, was dismissed from service by an order dated 25.06.2019 passed by the Commissioner for Housing and Discipl...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption of Legally Enforceable Debt Under Section 139 of N.I. Act Stands Unless Rebutted by Accused....

The appellant, Sri Rangaswamy, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 15.04.2015 passed by the II Additional Civil Judge a...

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High Court of Karnataka Allows Criminal Petition for Concurrent Sentences in Multiple Theft Cases — Petitioners Convicted Under Sections 457 and 380 IPC Granted Concurrency to Avoid Excessive Incarceration. Offences Committed in Same Transaction on Single Night Justify Concurrent Running of Sentences Under Section 427 Cr.P.C....

The petitioners, Azgarkhan @ Yanna and Fayaz @ Fayyu, were convicted by the Court of Senior Civil Judge and JMFC, Sira, in three separate cases (C.C. Nos. 275/2014, 276/2014, and 277/2014) vide judgme...

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High Court of Karnataka Reverses Discharge of Accused in Abetment of Suicide Case — Prima Facie Case Made Out for Trial Under Section 306 IPC. The court held that a suicide note and the deceased's unhappiness over the accused's decision to go abroad constitute sufficient grounds to frame charges under Section 306 IPC....

The State of Karnataka filed a criminal revision petition challenging the order of the Principal Sessions Judge, Udupi, dated 30.05.2015, which discharged the accused Tushar Kotian for the offence und...

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High Court of Karnataka Quashes Addition of Murder Charge in Dowry Death Case — Section 216 CrPC Amendment Not Permissible Without Evidence on Record. The court held that an application under Section 216 CrPC to add a charge of murder under Section 302 IPC cannot be allowed when the charge-sheet and evidence do not disclose any material to support such a charge....

The petitioners, accused Nos. 1 to 3 in Sessions Case No. 130/2015, were charge-sheeted for offences punishable under Sections 498-A, 304-B read with Section 34 of the Indian Penal Code (IPC) and Sect...

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Karnataka High Court Upholds Validity of Recruitment Rules for Civil Judges (Junior Division) — Direct Recruitment Process Upheld. Petitions challenging the selection and seniority dismissed as the Rules were held valid and the process fair....

The petitioners, who were candidates for direct recruitment as Civil Judges (Junior Division) in the Karnataka Judicial Service, challenged the validity of the Karnataka Judicial Service (Recruitment)...

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High Court of Karnataka Allows Appeal for Enhanced Compensation in Motor Accident Claim — Medical Expenses Awarded Despite Claimant's Death During Pendency. The court held that the claimant was entitled to additional compensation of Rs. 1,00,000/- under the head of medical expenses, which was not considered by the Tribunal....

The appeal was filed by the claimant in MVC No.1735/2011 before the Motor Accident Claims Tribunal, Hassan, seeking enhancement of compensation for injuries suffered in a motor accident. The claimant ...