Karnataka High Court

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High Court of Karnataka Allows Revision Petition, Quashes Summoning Order Under Section 319 CrPC for Lack of Evidence Against Petitioners in Dowry Death Case. The court held that general allegations of harassment without specific overt acts are insufficient to summon additional accused under Section 319 CrPC....

The case arises from a criminal revision petition filed by Smt. Umakka, Sri G S Prabhakar @ Prabhu, and Smt. Veena (petitioners) challenging the order dated 04.06.2012 passed by the II Additional Sess...

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High Court of Karnataka Dismisses Petitions Challenging Trial Court Orders on Amendment of Written Statement and Impleading Applications in Property Suits. Upholds Liberal Approach to Amendments Under Order VI Rule 17 CPC and Impleadment Under Order I Rule 10 CPC, Refusing to Interfere Under Article 227....

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging orders passed by the V Additional City Civil and Sessions Judge, Bangalore, in two connec...

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High Court of Karnataka Dismisses Railway's Petition Challenging CAT Order on Pay Refixation. Repatriated Employee Entitled to Same Pay Scale as Enjoyed in Ex-Cadre Post, Refixation Set Aside....

The Union of India and railway authorities (petitioners) challenged an order dated 28.11.2017 passed by the Central Administrative Tribunal, Bengaluru Bench, in O.A.No.992/2015. The respondent, S Ravi...

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High Court of Karnataka Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Independent Witnesses. Conviction under Sections 395 and 397 IPC based solely on testimony of sole interested witness without corroboration held unsustainable....

The petitioners, accused Nos.2, 3 and 5, were convicted by the Additional Civil Judge and JMFC, Madhugiri in C.C.No.957/2009 for offences punishable under Sections 395 and 397 of the Indian Penal Code...

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High Court of Karnataka Quashes State Order Removing Lands from Mining Lease in Mineral Auction Dispute. Transfer of Mining Lease Valid Under Rule 22(6) of MCR 1960, State Cannot Unilaterally Excise Lease Area for Auction Without Following Due Process....

The petitioner, M/s. J.K. Cement Limited, held a mining lease (ML No. 2344A) over certain lands in Metagudda Village, Mudhol Taluk, Bagalkot District, which was originally granted to Mysore Minerals L...

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High Court of Karnataka Acquits KSRTC Bus Driver in Rash Driving Case Due to Inconsistent Evidence and Non-Examination of Material Witnesses. Conviction under Sections 279 and 338 IPC and Sections 134(A), 134(B) r/w 187 of IMV Act Set Aside as Prosecution Failed to Prove Rash and Negligent Driving Beyond Reasonable Doubt....

The petitioner, Nigappa Madivala, a KSRTC bus driver, was convicted by the trial court for offences under Sections 279 (rash driving) and 338 (causing grievous hurt by act endangering life) of the Ind...

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High Court of Karnataka Allows Writ Petition for Counting Previous Public Service for Pension and Pay Protection. Rule 235 of Karnataka Civil Services Rules, 1964 applied to count prior service as Assistant Teacher for pension purposes....

The petitioner, Sri Chandra Shekhar G, was working as a First Division Assistant in the Mysore City Corporation. He had previously served as an Assistant Teacher in a Government School from 30.01.2004...

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Karnataka High Court Allows Appeal in Declaration Suit Against Government — Notice Under Section 80 CPC Held Sufficient. Ex.P.7 Notice Complied with Requirements Despite Minor Defects, Lower Appellate Court's Reversal Set Aside....

The appellant-plaintiff, R. Jayaraman, filed a suit for declaration and perpetual injunction against the respondents, who are government officials and departments. The suit was decreed by the trial co...

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High Court of Karnataka Quashes Show Cause Notice in Legal Metrology Case — Notice Lacks Material Particulars and Violates Principles of Natural Justice. Show cause notice under Section 15 of Legal Metrology Act, 2009 set aside for failing to specify alleged violations and for being issued without proper application of mind....

The petitioner, Reliance Retail Limited, a company incorporated under the Companies Act, 1956, engaged in retail business of agricultural products and fast moving consumer goods, filed a writ petition...

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High Court of Karnataka Dismisses Revision Petition Against Refusal to Discharge Accused in Dowry Death Case — Prima Facie Case Made Out Under Sections 304B, 498A IPC and Dowry Prohibition Act. The court held that at the stage of framing charges, only a prima facie case is required and the trial court correctly dismissed the discharge application....

The petitioners, accused Nos.3 and 4, filed a criminal revision petition under Section 397 r/w 401 CrPC challenging the order dated 1.8.2018 passed by the XLV Additional City Civil and Sessions Judge,...