Karnataka High Court

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Karnataka High Court Dismisses Husband's Appeal in Divorce Case Due to Lack of Fraud or Cruelty. Allegations of Pre-Marital Assurance and Non-Consummation Do Not Constitute Grounds for Annulment or Divorce Under Sections 12(1)(a) and 13(1)(ia) of Hindu Marriage Act, 1955....

The appellant-husband, Kiran C., filed a petition under Section 12(1)(a) read with Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking annulment of marriage or divorce from his wife, Latha T.G....

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High Court of Karnataka Upholds CAT Order Quashing Recovery of Excess Pension from Retired Scientists — Recovery Without Notice Violates Natural Justice and Is Barred by CCS (Pension) Rules, 1972...

The case involves a batch of writ petitions filed by retired scientists and employees of the Central Silk Board and its research institutes, challenging the order of the Central Administrative Tribuna...

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High Court of Karnataka Dismisses Defendant's Challenge to Trial Court's Order on Stamp Duty Deficiency in Civil Suit. Interlocutory Order Directing Plaintiffs to Pay Deficit Stamp Duty and Penalty Under Sections 34 and 35 of Karnataka Stamp Act, 1957 Not Liable to Interference Under Articles 226 and 227 of Constitution....

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Articles 226 and 227 of the Constitution of India. T...

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High Court of Karnataka Quashes Criminal Proceedings Against KPCL Officers in Unauthorised Occupation Dispute — Acts of Official Duty Not Constituting Criminal Offences. The court held that where the allegations merely relate to acts of official duty without criminal intent, continuation of proceedings would be an abuse of process of law under Section 482 CrPC....

The petitioners, L. Prabhuswamy (Chief Engineer) and Abdul Majeed (Executive Engineer), were employees of Karnataka Power Corporation Ltd. (KPCL), a state-owned power generating company. KPCL had allo...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Section 138 Negotiable Instruments Act, 1881 - Dishonour of Cheque - Presumption under Section 139 rebutted by accused showing loan was time-barred, hence not legally enforceable....

The present revision petition was filed by the accused (petitioner) challenging her conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) in C.C. No.2542/2008 by the XVI Addl. ...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Send Document for Expert Opinion in Suit for Specific Performance. Court holds that the trial court erred in rejecting the application under Section 45 of the Evidence Act, 1872 without considering the necessity of expert opinion to determine the genuineness of the document....

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Articles 226 and 227 of the Constitution of India. T...

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High Court of Karnataka Quashes Criminal Proceedings Against KPCL Officers in Unauthorised Occupation Dispute — Acts of Official Duty Not Constituting Criminal Offences. The court held that the complaint did not disclose ingredients of Sections 143, 147, 448, 427, 504, 506 IPC and proceedings were an abuse of process under Section 482 CrPC....

The petitioners, L. Prabhuswamy (Chief Engineer) and Abdul Majeed (Executive Engineer), were employees of Karnataka Power Corporation Ltd. (KPCL), a state-owned power generating company. KPCL had allo...

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High Court of Karnataka Dismisses Second Appeal in Water Channel Dispute — No Substantial Question of Law. Concurrent findings of fact by lower courts regarding right to draw water from a channel cannot be interfered with under Section 100 of CPC unless perverse....

The dispute arose between neighbouring landholders regarding a water channel that existed on the northern side of the plaintiff's suit schedule property and passed through it to the defendants' proper...

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High Court of Karnataka Allows Revenue Appeals in KVAT Composition Tax Dispute — Limitation for Reopening Assessment Under Section 39(1) of KVAT Act, 2003 Is Four Years from End of Relevant Tax Period. Show-cause notice issued on 02/07/2010 for tax year ending 31/03/2007 is within limitation, not barred by delay....

The case involves appeals by the Revenue (Assistant Commissioner of Commercial Taxes, Commissioner of Commercial Taxes, and State of Karnataka) against an order of the learned Single Judge of the Karn...