Karnataka High Court

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Reverses Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence....

The appellant/complainant filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dated 05.05.2010 passed by the Fast Track Court-IV...

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High Court of Karnataka Acquits Accused in Illegal Mining Case Due to Lack of Evidence and Procedural Lapses. Conviction under Mines and Mineral Act and IPC set aside as prosecution failed to prove possession of minerals beyond reasonable doubt....

The appellants, Dinesh and Cheluvamurthy, were convicted by the II Additional Sessions and Special Judge at Mysuru in Special Case No.85/2018 for offences under the Mines and Mineral (Development and ...

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Karnataka High Court Allows Refund of Excess Stamp Duty on General Power of Attorney — Stamp Duty Payable on Consideration Amount, Not Market Value. Petitioners' GPA for Sale of Property with Consideration of Rs.10,000/- Attracted Duty Under Article 41(b) of Karnataka Stamp Act, 1957 on That Amount, Not on Market Value....

The petitioners, owners of immovable property in Devanahalli Taluk, executed a General Power of Attorney (GPA) dated 25.03.2011 in favor of their GPA holder, authorizing him to sell the property. The ...

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Karnataka High Court Dismisses Writ Appeals Challenging Reservation in Promotion for Hyderabad-Karnataka Region Under Article 371J. The Court Held That Article 371J(1)(b) and (c) Include Reservation in Promotion for Local Candidates in Public Services....

The appellants, Smt. A.S. Vimalakshi and Sri R. Shivakumar, were employees of the Karnataka Legislative Assembly Secretariat. They filed writ petitions challenging the reservation in promotion provide...

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High Court of Karnataka Dismisses Writ Petitions Challenging CAT Order in IFS Selection Dispute — Caste Certificate Verification Upheld as Valid Ground for Cancellation of Selection. The court held that cancellation of selection without giving an opportunity to produce a verified caste certificate was premature and directed reconsideration....

The judgment involves two writ petitions arising from an order of the Central Administrative Tribunal (CAT), Bangalore Bench, dated 15.03.2016 in O.A. No. 170/00239/2015. The first writ petition (W.P....

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High Court of Karnataka Dismisses NWKRTC Appeal in Motor Accident Claim — Compensation Upheld for Injured Claimant and Legal Representatives of Deceased. Claimant's income assessed at Rs.9,000 per month based on notional income for carpenter, and future prospects added at 40% under Section 163A of Motor Vehicles Act, 1988....

The case involves three appeals arising from a motor accident claim. The appellant, NWKRTC, challenged the award of compensation to the claimant Shakil Ahamad and the legal representatives of the dece...

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High Court of Karnataka Dismisses NWKRTC Appeal in Motor Accident Claim — Upholds Compensation for Death and Injuries. Claimants awarded Rs.11,98,936/- for death and Rs.1,66,000/- for injuries with 8% interest....

The case involves three appeals arising from motor accident claims. The appellant, Managing Director of NWKRTC (North West Karnataka Road Transport Corporation), challenged the awards passed by the IV...

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Karnataka High Court Quashes Demand for Deficit Stamp Duty Under Karnataka Stamp Act, 1957: Conditional Possession Undertaking Not a Usufructuary Mortgage. Mortgage Deed with Clause to Hand Over Possession on Default Held Chargeable as Simple Mortgage, Not Under Article 34(a) of Karnataka Stamp Act, 1957....

The petitioners, a landowner and a builder, entered into a joint development agreement and subsequently executed a mortgage deed in favour of a bank to secure a loan. The District Registrar issued a n...

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High Court of Karnataka Quashes Stamp Duty Demand on Development Agreement — Karnataka Appellate Tribunal's Order Set Aside for Lack of Proper Consideration of Evidence and Non-Application of Mind to the Definition of 'Conveyance' Under the Karnataka Stamp Act, 1957....

The petitioners, M/s. Motwani Builders and M/s. B. Alim Builders, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dated 02.09.2014 passed by the Karn...

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High Court of Karnataka Grants Bail to Accused in NIA Case Under UAPA and IPC — No Prima Facie Evidence of Conspiracy or Terrorist Act. The court held that the bar under Section 43D(5) of UAPA does not apply when the accusations are not prima facie true, and the appellant's role was not clearly established in the charge sheet....

The appellant, Asim Shariff, accused No.5, filed a criminal appeal under Section 21 of the National Investigation Agency Act, 2008, challenging the order dated 03.12.2018 passed by the 49th Additional...