Karnataka High Court

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High Court of Karnataka Quashes Charge Sheet Against Teachers in Student Death Case Due to Lack of Criminal Negligence. Section 304A IPC requires gross negligence and direct causation, not mere accident or civil liability....

The petitioners, teachers and the secretary of Mother Theresa School, sought quashing of the charge sheet in C.C. No.1505/2012 pending before the Principal Civil Judge & JMFC, Nelamangala, for offence...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 N.I. Act Not Rebutted by Accused....

The appellant, M/s. Ajmera Housing Corporation, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, Mr. Ramachandra, alleging disho...

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High Court of Karnataka Dismisses Husband's Revision in Maintenance Case — Affidavit Evidence Permissible Under Section 125 CrPC. Husband's Challenge to Maintenance Order of Rs.5,000 Per Month Fails as Court Confirms Summary Nature of Proceedings....

The petitioner-husband filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 03.11.2017 passed by the II Additional Principal Judge, Family Court, B...

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High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Under Section 14 of SARFAESI Act — Alternative Remedy Under Section 17 Held Available. The court held that an aggrieved person has the remedy under Section 17 of the SARFAESI Act against an order passed under Section 14, and the writ petition is not maintainable....

The petitioner, Smt. Vimala Bhushan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the Debts Recovery Tribunal (DRT), Bangalore in S.A. N...

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High Court of Karnataka Dismisses Writ Petition Challenging Section 14 SARFAESI Order — Alternative Remedy Under Section 17 Available. Court Holds That an Order Under Section 14 of the SARFAESI Act Can Be Challenged Under Section 17, and Writ Petition Without Exhausting Statutory Remedy Is Not Maintainable....

The petitioner, Smt. Vimala Bhushan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the Debts Recovery Tribunal (DRT), Bangalore in S.A. N...

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Karnataka High Court Dismisses Second Appeal in Land Title Dispute — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove title and possession; courts below correctly held that suit was barred by limitation and that revenue entries did not confer title....

The appellant, G.K. Shekharappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.06.2015 passed by the Senior Civil Judge...

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High Court of Karnataka Dismisses Second Appeal in Land Title Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Appellant failed to prove title and possession; courts below rightly dismissed suit for declaration and injunction....

The appellant, Sri G.K. Shekharappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.06.2015 passed in R.A. No.05/2014 by...

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High Court of Karnataka Quashes Magistrate's Order for Appointment of Receiver in DRT Proceedings — Lack of Jurisdiction and Non-Compliance with Section 14 of SARFAESI Act. The court held that the Magistrate cannot appoint a receiver for property not in possession of the borrower and that the remedy under SARFAESI Act is exclusive....

The petitioner, Sri Rameshchandra, claimed to be the owner of a property that was leased out to the second respondent, Sri P. Ravikumar. The first respondent, Kotak Mahindra Bank Ltd., had initiated p...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits....

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint family properties governed by Mitakshara Hindu law...