Karnataka High Court

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High Court of Karnataka Dismisses Revision Petitions of Accused in Fatal Road Accident Case — Prima Facie Case for Rash and Negligent Driving Under Sections 279, 304 IPC and Motor Vehicles Act Established. The court upheld the trial court's order refusing discharge, finding sufficient material to proceed against the accused for causing death by negligence....

The judgment pertains to two criminal revision petitions filed by accused No.2 (Syed Yusuf) and accused No.1 (Mohammed Arif) challenging the order dated 30.06.2016 passed by the LXIX Additional City C...

High Court

High Court of Karnataka Allows Land Acquisition Compensation Appeal Due to Procedural Irregularities and Denial of Opportunity. The court remanded the matter for fresh consideration on merits after the Single Judge dismissed the writ petition without hearing....

The appellant, Bimal Kantilal Mehata, owned land in Bengeri village, Hubli, which was acquired by the Land Acquisition Officer on 28.10.2010 under the urgency clause of Section 4(1) read with Section ...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Karnataka Administrative Tribunal Order in Lokayukta Inquiry Matter — Petitioner's Right to Hearing Upheld. Failure to Provide Opportunity to Cross-Examine Witnesses and Submit Documents Violates Principles of Natural Justice Under Karnataka Lokayukta Act, 1984....

The petitioner, Vijay Kumar G. Sulakhe, a Commissioner of Gadag-Betgeri Urban Development Authority, filed three writ petitions challenging orders of the Karnataka Administrative Tribunal, Bangalore, ...

High Court

High Court of Karnataka Quashes Lokayukta Investigation Order Against Commissioner in Corruption Case — Lack of Sanction Under Section 197 CrPC and Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Void. The court held that no investigation can be ordered against a public servant without prior sanction when the alleged offences are not under the Prevention of Corruption Act....

The petitioner, Vijay Kumar G. Sulakhe, was serving as Commissioner of Gadag-Betgeri Urban Development Authority. He was accused of irregularities in the allotment of sites and construction of a comme...

High Court

High Court of Karnataka Quashes Lokayukta Investigation Order Against Commissioner in Corruption Case — Lack of Sanction Under Section 197 CrPC and Section 19 of PC Act Renders Proceedings Void. The court held that no investigation can be ordered against a public servant without prior sanction under Section 197 CrPC and Section 19 of Prevention of Corruption Act, 1988....

The petitioner, Vijay Kumar G. Sulakhe, was serving as Commissioner of Gadag-Betgeri Urban Development Authority. The Karnataka Lokayukta, through the Upalokayukta-1, issued an order dated 26.06.2018 ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sericulture Officers in Misappropriation Case — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Criminal proceedings under Sections 409 and 420 IPC against public servants quashed for want of prior sanction as required under Section 197 of CrPC, as the alleged acts were committed in discharge of official duties....

The case involves multiple writ petitions filed by public servants working as Sericulture Inspectors and a retired Deputy Director of Sericulture in Karnataka. The petitioners sought quashing of Crime...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Specific Performance Due to Typographical Error in Date of Agreement. Correction of Date Does Not Change Nature of Suit and Is Necessary for Determining Real Controversy Under Order VI Rule 17 CPC....

The petitioner, plaintiff in a suit for specific performance (O.S. No. 132 of 2010) before the II Addl. Senior Civil Judge, Vijayapura, filed a writ petition under Article 227 of the Constitution of I...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated....

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the II Additional Civil Judge and JMFC, Kalaburagi, in...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Injured Claimants. Negligence of Driver Established, Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988....

The case involves three appeals filed by Bajaj Allianz General Insurance Co. Ltd. against separate awards of the Motor Accident Claims Tribunal, Bellary, in MVC Nos. 528/2011, 369/2011, and 370/2011. ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Drug Manufacturer for Lack of Sanction Under Section 32 of Drugs and Cosmetics Act, 1940. Prosecution for Alleged Violation of Sections 18(a)(i) and 17B(d) Held Invalid Without Prior Sanction....

The petitioners, including a pharmaceutical company and its directors/employees, challenged the criminal proceedings initiated against them in Spl.CC.No.243/2015 pending before the Principal City Civi...

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