Karnataka High Court

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High Court of Karnataka Dismisses Challenge to Entry Tax on Unmanufactured Tobacco Under KTEG Act. Notification Inserting 'Unmanufactured Tobacco in Sealed Container' Upheld as Clarificatory Amendment Within 'Tobacco Products of All Description' and Not Requiring Presidential Sanction Under Article 304(b) as per Jindal Stainless Ltd....

The writ petitions challenged Notification-III No.FD 208 CSL 2013 dated 1.10.2013 issued by the Government of Karnataka, which amended the earlier Notification dated 30.3.2002 to insert sub-item (ii) ...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Refund of Earnest Money with Interest Upheld. Appellant failed to prove readiness and willingness to perform contract under Specific Relief Act, 1963....

The appellant, Y.V. Aparna, filed a suit for specific performance of a contract for sale of immovable property against the respondents. The trial court partly decreed the suit, granting only refund of...

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High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder....

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed by the Senior Civil Judge and JMFC at Indi in Ex.Pe...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963....

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition and separate possession of the suit property, clai...

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Karnataka High Court Allows Writ Petition Challenging Appointment of Director in BESCOM Board Without Hearing. Impugned Order Quashed for Violation of Principles of Natural Justice Under Article 226 of Constitution of India....

The petitioner, G Ashok Kumar, was working as Managing Director of Karnataka Vidyuth Karkane and was also a nominated Director (Technical) on the Board of BESCOM (Bangalore Electricity Supply Company ...

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Karnataka High Court Upholds Housing Board Allotment Regulations Amendment — Classification Based on Income and Location Not Arbitrary. Challenge to Reservation Categories A and C under Regulation 4 and 9A of Karnataka Housing Board (Allotment) Regulations, 1983 fails as reasonable classification under Article 14....

The petitioner, Bhojappa K, an advocate, filed a writ petition under Articles 226 and 227 of the Constitution of India, challenging the constitutional validity of certain portions of the Karnataka Hou...

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High Court of Karnataka Dismisses PIL Challenging Housing Board Allotment Amendment — Classification Based on Income and Land Ownership Upheld as Reasonable Under Article 14. Amendment to Regulation 4 and Regulation 9A of Karnataka Housing Board (Allotment) Regulations, 1983, not arbitrary....

The petitioner, an advocate, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the constitutional validity of certain provisions of the Karnataka Housing Board ...

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High Court of Karnataka Allows CBI Revision Against Dropping of Section 409 IPC Charge Against Former Minister in Mining Scam Case. Court holds that Section 216 CrPC cannot be used to drop charges after framing, and that the trial court exceeded its jurisdiction by reviewing its own order....

The Central Bureau of Investigation (CBI) filed three criminal revision petitions challenging orders passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru, in Spl.C.C.No.135/2013. Th...

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High Court of Karnataka Allows CBI Revision Against Dropping of Section 409 IPC Charge Against Former Minister in Mining Scam Case. Court holds that charge under Section 409 IPC for criminal breach of trust by a public servant can be added even after framing of charges under other sections, as the ingredients are distinct and the omission was a curable defect....

The case involves a criminal revision petition filed by the Central Bureau of Investigation (CBI) against an order passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru, in Spl.C.C.N...