Karnataka High Court

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Karnataka High Court Allows Petitions of APMC Committee Members Challenging Government Circular Curtailing Term. Section 7(2) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 mandates continuation of committee until newly elected committee assumes office, overriding executive instructions....

The petitioners, members of the Harihar Agricultural Produce Marketing Committee, challenged a Government Circular dated 22-04-2016 that purported to curtail the term of the committee and appoint an A...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Ex-parte Decree Set Aside Application Rejected Due to Lack of Sufficient Cause. Order IX Rule 13 CPC Application Dismissed as Appellant Failed to Prove 'Sufficient Cause' for Non-Appearance....

The appellant-defendant, Sri M. Nagesh Suvarna, as Managing Trustee of Sri Koradabbu Daivasthana, filed a Regular Second Appeal under Section 100 read with Order XLII Rule 1 of the Code of Civil Proce...

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High Court of Karnataka Dismisses Regular Second Appeal in Adverse Possession Suit — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove adverse possession for over 12 years as required under Section 65 of the Indian Limitation Act, 1963....

The appellant, Virupakshappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 06.11.2009 passed by the Civil Judge (Sr. ...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration of joint ownership and compensation decreed in part; no substantial question of law arises....

The appellant, Smt. Subadhramma, was the defendant No.3 in O.S. No.226/2011 on the file of the I Addl. Civil Judge, Bellary. The suit was filed by the respondents (plaintiffs) for a declaration that t...

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High Court of Karnataka Allows Writ Petition Against Detention Notice in Customs Act Matter — Pre-deposit Adjustment Sought. Court holds that amounts deposited during investigation and audit can be adjusted towards mandatory pre-deposit under Section 129E of the Customs Act, 1962 for maintaining appeal....

The petitioner, M/s Bhatia Global Trading Ltd., filed a writ petition under Articles 226 and 227 of the Constitution before the High Court of Karnataka at Bengaluru, aggrieved by a communication dated...

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High Court of Karnataka Dismisses Second Appeal in Recovery Suit — Concurrent Findings on Unauthorised Use of Premises Upheld. Damages Awarded for Use and Occupation of Suit Schedule Property Based on Oral and Documentary Evidence....

The respondent/plaintiff instituted Original Suit No.232/1998 on 23.09.1998 before the I Addl. Senior Civil Judge at Belgaum seeking a decree for recovery of Rs.72,000/- with interest and costs agains...

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Karnataka High Court Dismisses Writ Petition Challenging Order to Shift Liquor Shop Due to Proximity to Religious Institution. Rule 5(1) of Karnataka Excise Licences (General Conditions) Rules, 1967 prohibits liquor vending within 100 meters of religious or educational institutions....

The petitioner, S. Gopal, a CL-9 licensee for vending liquor, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. He was aggrieved by an o...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Grievous Hurt Case — No Interference Warranted as Trial Court's Findings Are Plausible and Not Perverse. Appeal under Section 378(1) and (3) Cr.P.C. fails as prosecution evidence does not establish guilt beyond reasonable doubt....

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated 22.1.2015 passed by the II Additional...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Claim Case — Tribunal Erred in Dismissing Claim as Collusive Without Considering Insurance Certificate. Claimant's Own Motorcycle Insurance Certificate Proves He Was Not the Owner of the Alleged Offending Vehicle, Rebutting Collusion Finding....

The appellant, Ajitkumar M. Panchaksharayya, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident allegedly...

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High Court of Karnataka Dismisses Writ Petition Challenging Disciplinary Inquiry Despite Non-Filing of Charge Sheet in Criminal Case. Non-filing of charge sheet by police does not preclude disciplinary proceedings against a government servant on same allegations....

The petitioner, a Commercial Tax Officer, challenged the order of the Karnataka Administrative Tribunal dismissing his application to set aside a report by the Upa-Lokayukta under Section 12(3) of the...