Karnataka High Court

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High Court of Karnataka Dismisses Writ Petition Challenging Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Filing of Written Statement Does Not Waive Right to Seek Arbitration....

The petitioner, M/S Alang Metal Exim Pvt. Ltd., filed a money suit (O.S.No.3749/2013) against the respondents, MSTC Limited and The Fertilizers & Chemicals Travancore Limited, before the XIV Additiona...

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High Court of Karnataka Quashes Criminal Proceedings Against Partner in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Proceedings Initiated Without Valid Sanction for Prosecution of a Public Servant Are Void Ab Initio....

The petitioner, K. Janardhana Reddy, a partner of M/s S.B. Logistics, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of proceedings in Spl.C.C.No.105/201...

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High Court of Karnataka Dismisses Writ Petition of Revenue Inspector Challenging Transfer Order — Transfer Upheld as Administrative Decision Without Mala Fides. Transfer is an incident of service and courts should not interfere unless statutory rules violated or mala fides established....

The petitioner, Mohammad Rafi Sab Nadaf, was working as a Revenue Inspector in the Office of the Tahsildar, Mundargi, from 15.09.2015. He was transferred and posted to Gadag as Revenue Inspector by or...

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High Court of Karnataka Dismisses Insurance Company's Appeals in Motor Accident Claims — Insurer Liable to Pay Compensation Despite Alleged Breach of Policy Conditions. The court held that the insurer must pay compensation to third parties and can recover from the owner if there is a breach of policy conditions, but cannot avoid liability to third parties....

The case involves two appeals filed by the Oriental Insurance Company Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 31.07.2012 passed by the Senior Ci...

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High Court of Karnataka Enhances Compensation for Minor Injured in Road Accident - Negligence of Canter Driver Established. Compensation enhanced from Rs.1,13,000 to Rs.2,00,000 under Motor Vehicles Act, 1988 for injuries sustained by 2½-year-old child....

The appellant, Radhika, a minor aged 2½ years, represented by her father Krishna, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road acci...

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Karnataka High Court Directs Consideration of Representation for Forest Fire Prevention in Kodagu District. Writ of Mandamus Sought for Constitution of Task Force to Protect Forest, Wild Animals, and Birds from Fire....

The present writ petition was filed by the Prl.Convener of Kaveri Sene (R) under Articles 226 and 227 of the Constitution of India seeking issuance of a writ of mandamus to direct the first respondent...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Liability Between Owner and Insurer Upheld. The court applied the multiplier method to enhance compensation for death and injury, and directed the insurer to pay and recover from the owner if policy conditions were breached....

The case involves two appeals (MFA No. 488/2015 and MFA No. 6174/2016) filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgments and awards of the Motor Accident Claims Tribuna...

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High Court of Karnataka Dismisses Petition Seeking Lease Cum Sale Deed for APMC Shop — Contractual Dispute Not Enforceable via Writ Jurisdiction. Writ of Mandamus Cannot Be Issued to Compel Execution of Lease Cum Sale Deed as No Fundamental or Statutory Right Is Involved Under Articles 226 and 227 of the Constitution of India, 1950....

The petitioner, C. Vijaykumar, a market functionary holding a valid licence, was allotted Shop No. B-24 in the APMC Yard, Davanagere, in the year 2000. He carried on business paying market fees and co...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Execution Petition Due to Mistake of Court — Decree Holders Not to Suffer for Court's Error. Mistake of Court Should Not Prejudice Litigant Under Section 47 CPC and Order 21 Rule 17 CPC....

The petitioners, decree holders in a civil suit for specific performance of four agreements to sell, obtained a decree on 12.04.1994 against the respondents. They filed execution petition No.601/2010,...