Karnataka High Court

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High Court of Karnataka Quashes Lok Adalat Award in BSNL Dues Dispute — Lack of Consent Invalidates Compromise. Permanent Lok Adalat exceeded jurisdiction by adjudicating without consent of parties under Section 22C of Legal Services Authorities Act, 1987....

The petitioner, M/s. Mac Charles (I) Ltd, a company registered under the Companies Act, 1956, had subscribed to telephone lines from the respondent, Bharat Sanchar Nigam Ltd (BSNL), for its business n...

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High Court of Karnataka Allows Writ Petition in Specific Performance Case — Scientific Verification of Signature and Thumb Impression Ordered Under Order 26 Rule 10A CPC. Lower Appellate Court's Rejection of Application for Scientific Verification Set Aside as Arbitrary....

The petitioner, who was the defendant in a suit for specific performance (OS No.154/2010), suffered a decree against him. He appealed the decree in RA No.42/2013 before the Senior Civil Judge, Channap...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Disclosure of Legal Heirs in Civil Suit. Court holds that Section 151 CPC cannot be used to compel defendants to furnish names of legal heirs of a deceased co-defendant, as the burden lies on the plaintiffs to ascertain and implead them....

The petitioners, who are the plaintiffs in O.S. No. 137/2006 pending before the Principal Civil Judge (Sr. Dn.), Udupi, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

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High Court of Karnataka Quashes Trial Court Order Requiring Stamp Duty and Penalty on Agreement of Sale. Court Holds That Existing Tenancy Possession Does Not Amount to Delivery of Possession Under Section 52 of Transfer of Property Act, 1882, and Stamp Duty Must be Assessed Under Article 5(e) of Karnataka Stamp Act, 1959, Not Article 20....

The dispute arose from a suit for specific performance of an agreement of sale dated 7.10.2009 filed by the plaintiff, who was a tenant in the suit property. The defendant, owner of the property, had ...

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High Court of Karnataka Quashes Lok Adalat Award in BSNL Dues Dispute — Lack of Consent Invalidates Compromise. Permanent Lok Adalat Cannot Pass Award Without Parties' Consent Under Section 22C of Legal Services Authorities Act, 1987....

The petitioner, M/s. Mac Charles (I) Ltd, a company registered under the Companies Act, 1956, had subscribed to telephone lines from the respondent, Bharat Sanchar Nigam Ltd (BSNL), for its business n...

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High Court of Karnataka Allows Writ Petition for Scientific Verification of Signature and Thumb Impression in Specific Performance Suit. The court set aside the lower appellate court's order rejecting an application under Order 26 Rule 10A CPC and directed sending the disputed document to FSL for examination....

The petitioner, who was the defendant in a suit for specific performance (OS No.154/2010), suffered a decree against him. He appealed the decree in RA No.42/2013 before the Senior Civil Judge, Channap...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Disclosure of Legal Heirs in Civil Suit. Court holds that Order 22 Rule 5 CPC does not require defendants to furnish names of legal heirs of co-defendants, and that the trial court's discretion under Section 151 CPC was not perverse....

The petitioners, who are the plaintiffs in O.S. No. 137/2006 pending before the Principal Civil Judge (Sr. Dn.), Udupi, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

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High Court of Karnataka Allows Withdrawal of Appeal in Specific Performance Suit — Memo for Withdrawal Accepted. Appeal under Section 96 CPC withdrawn by appellants without liberty to file fresh proceedings....

The appellants, three individuals, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.12.2012 passed by the II Additional Seni...