Karnataka High Court

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High Court of Karnataka Allows Appeal by KIADB in Winding Up Matter, Holding That Leasehold Rights Cannot Be Sold Without Conveyance of Title. The Court set aside the auction sale of land by the Official Liquidator as the lease cum sale deed had not culminated in a sale deed and the lessor's consent was not obtained....

The Karnataka High Court at Bengaluru, comprising Justice Vineet Saran and Justice B Manohar, decided an appeal under Section 483 of the Companies Act, 1956, filed by the Karnataka Industrial Areas De...

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High Court of Karnataka Quashes Order Reducing Share in Final Decree Proceedings — Trial Court Exceeded Jurisdiction by Modifying Preliminary Decree in FDP Without Appeal. Modification of shares in final decree proceedings without appeal against preliminary decree is without jurisdiction under Section 151 CPC....

The petitioner, Smt. Cheekanda Pushparatna Chengappa, filed a suit (O.S.No.26/2010) for partition against the respondents, which was decreed on 01.10.2010, granting her a 1/3rd share in the suit sched...

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High Court of Karnataka Dismisses Revision Petition Against Order Rejecting Application Under Order IX Rule 13 CPC as Not Maintainable — Application for Setting Aside Ex Parte Decree Filed Before Appellate Court Not Maintainable Under Order IX Rule 13 CPC...

The petitioner was the sole defendant in O.S.111/06 filed by the respondent for recovery of Rs.1,48,500/- before the Senior Civil Judge, Muddebihal. The suit was dismissed ex parte. The respondent fil...

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High Court of Karnataka Dismisses Writ Petition Against SARFAESI Act Order for Lack of Alternative Remedy. Petitioner's challenge to order under Section 14 of SARFAESI Act, 2002 held not maintainable as appeal under Section 17 before DRT is available....

The petitioner, M/S Balaji Food Processing Industry, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order...

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High Court of Karnataka Allows Revision Petition in Ejectment Suit — Measurement Dispute Remanded for Fresh Consideration. Landlord's claim that premises exceeded 14 sq.mtrs. under Section 2(3)(f) of Karnataka Rent Act, 1999 requires proper appreciation of evidence including tenant's admission....

The revision petition was filed by the landlords (Sandeep Chowhan and Leela Devi) against the judgment dated 24.03.2015 passed by the XXII Additional Small Causes Judge, Bengaluru, dismissing S.C.No.1...

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High Court of Karnataka Enhances Compensation for Death of Computer Operator in Road Accident — Multiplier Corrected from 17 to 18. Loss of dependency recalculated at Rs.8,64,000 for deceased aged 29 earning Rs.6,000 per month under Section 166 of Motor Vehicles Act, 1988....

The appeal arises from a claim petition under the Motor Vehicles Act, 1988, filed by the husband and two minor children of the deceased Prameela, who died in a road traffic accident on 02.01.2008. The...

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High Court of Karnataka Dismisses Writ Petition Challenging Jurisdiction of District Judge in Execution Proceedings. Court Holds That Execution Can Be Transferred to Competent Court and District Judge Has Power Under Section 47 CPC....

The petitioner, Sri R. Raghu, filed a writ petition under Article 227 of the Constitution of India challenging the jurisdiction of the 1st Additional District & Sessions Judge, Bengaluru Rural Distric...

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Karnataka High Court Dismisses Public Charitable Trust's Appeal Against Rejection of Land Acquisition Proposal. Mandamus Cannot Issue as Trust Had No Legal Right to Compel Consideration, and Government Circular Barred Acquisition for Private Trusts....

The appellant, National Education Foundation, a registered public charitable trust, had previously sought acquisition of land under the Land Acquisition Act, 1894 for establishing educational institut...

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Karnataka High Court Quashes Proceedings in Manual Scavenging Case Due to Procedural Violations and Limitation Bar. Complaint by Tahsildar directly to police violated Section 17(3) of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and cognizance was barred by limitation under Section 18....

The petitioner, Smt. Jyothi G, was charge sheeted for an offence under Section 3 read with 13 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The alleg...