Karnataka High Court

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High Court of Karnataka Allows Appeal Under Section 454 Cr.P.C. — Sets Aside Confiscation of Rs. 25 Lakhs Deposited by Witness. Confiscation Order Held Without Authority of Law as Money Was Deposited Under Mistaken Order, Not as Fine or Penalty....

The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences under the Indian Penal Code. The Special Judge, 35t...

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High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Alternative Remedy of Appeal Under Section 17(7) Available. Petitioners, as tenants of secured asset, cannot bypass statutory appellate remedy by invoking writ jurisdiction under Article 226 of the Constitution....

The petitioners, who were tenants of a property that was a secured asset of the respondent HDB Financial Services Ltd., filed securitisation applications under Section 17 of the Securitisation and Rec...

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High Court of Karnataka Quashes Dismissal of CISF Constables for Unauthorized Absence — Orders Reinstatement with Back Wages and Continuity of Service. Disciplinary proceedings found vitiated due to denial of reasonable opportunity and non-application of mind by appellate authority under CISF Rules, 2001....

The petitioners, five constables of the Central Industrial Security Force (CISF) posted at the Bharatiya Reserve Bank Note Mudrana Private Limited, Mysuru, were dismissed from service by an order date...

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High Court of Karnataka Quashes Demand Notice in Electricity Billing Dispute — Petitioner Agro Industry Challenged Retrospective Reclassification and Demand for Arrears Under HT-2(A) Tariff. Court Held That Reclassification Without Prior Notice and Retrospective Application of Tariff Was Unlawful and Violative of Principles of Natural Justice....

The petitioner, M/s Sri Balaji Agro Industries, is an agro-based industry located at Chicksugur Industrial Growth Center, Raichur. The respondent, GESCOM, installed a meter bearing No. HTR-153 with a ...

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Karnataka High Court Quashes Circulars Denying SEZ Benefits to Trading Units — Circulars Held Ultra Vires Foreign Trade Policy. Court rules that Paragraph 6.11 of Foreign Trade Policy does not restrict SEZ benefits to only manufacturing units, and trading units are entitled to duty-free import of goods for re-export....

The petitioner, M/s. Wipro GE Healthcare Private Limited, a trading unit operating within a Special Economic Zone (SEZ), filed writ petitions under Articles 226 and 227 of the Constitution of India ch...

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High Court of Karnataka Allows Revision Petitions in Domestic Violence Case — Sets Aside Appellate Order for Lack of Jurisdiction and Remands for Fresh Consideration. The Appellate Court under Section 29 of the Protection of Women from Domestic Violence Act, 2005, modified the interim maintenance without recording reasons, which was held to be illegal and improper....

The case involves two criminal revision petitions filed by Kasturi (wife) and Subhas (husband) against orders passed under the Protection of Women from Domestic Violence Act, 2005. The wife filed a pe...

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High Court Grants Bail to Accused in Murder Case Due to Prolonged Incarceration Without Charge Framing. Petitioners charged under Sections 120B, 302, 201 r/w 34 IPC were in custody for over two years without trial commencing....

The petitioners, Murugesha and Paramesh, filed a criminal petition under Section 439 CrPC seeking bail in connection with Crime No.312/2015 (S.C.No.762/2015) of Mico Layout Police Station, Bengaluru, ...