Karnataka High Court

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High Court of Karnataka Quashes Complaint in Cheque Bounce Case Due to Lack of Proper Service of Demand Notice. Dishonour of Cheque Under Section 138 of Negotiable Instruments Act, 1881 — Complaint Not Maintainable as Notice Was Not Sent to Correct Address....

The petitioner, P. Surendra Kumar, was shown as an accused in a private complaint filed by the respondent, M/s. Varkeys Retail Ventures Pvt. Ltd., alleging an offence under Section 138 of the Negotiab...

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High Court of Karnataka Sets Aside Lok Adalat Award in Partition Suit Due to Lack of Proper Consent. The court held that the award passed by the Lok Adalat under Section 21 of the Legal Services Authorities Act, 1987 must be based on a genuine compromise, and in its absence, the award is invalid and can be set aside under Articles 226 and 227 of the Constitution....

The petitioners, Govardhana and Srinivasa, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set aside the award/decree dated 07.04.2007 passed by the Lok Adalat...

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High Court of Karnataka Quashes FIR in Kidnapping Case Where Couple Married Voluntarily — Love Marriage Not Abduction Under Section 366 IPC. The court held that a voluntary marriage by a major woman does not constitute an offence under Section 366 IPC, and continuing proceedings would be an abuse of process....

The petitioner, Bharathraj Gumppe, a conductor by profession, fell in love with Miss Insha Khaleel, aged about 19 years and a student of I B.B.M. Course at St. Agnes College, Mangaluru, who is the dau...

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High Court of Karnataka Allows Plaintiff to Retain Police Officer as Party in Injunction Suit — Police Officer is a Proper Party Under Order 1 Rule 10 CPC. The court set aside the trial court order directing striking out of the police officer's name, holding that his presence is necessary for complete adjudication....

The plaintiff, Sri A.G. Shivaprakash, filed a suit for permanent injunction (O.S. No.89/2013) before the Principal Civil Judge (Junior Division), Kunigal, seeking to restrain the defendants from dispo...

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High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Evidence. DNA test is a scientific test and not testimonial compulsion, hence not violative of Article 20(3) of Constitution....

The petitioner, Devappa Halageri, was accused of raping a 16-year-old minor, resulting in her pregnancy and delivery of a girl child. The Koppal Rural Police registered FIR (POCSO) No.373/2014 under S...

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High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Sampling in Rape Investigation. DNA test is a scientific test not amounting to testimonial compulsion under Article 20(3) of the Constitution of India....

The petitioner, Devappa Halageri, was accused of raping a minor girl, resulting in her pregnancy and delivery of a child. The Koppal Rural Police registered FIR (POCSO) No.373/2014 under Sections 376 ...

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High Court of Karnataka Dismisses University's Appeal Against Chancellor's Power to Appoint Inquiry Committee. Chancellor's power under Section 11(1) & (2) of Visvesvaraya Technological University Act, 1994 includes authority to appoint fact-finding committee to inquire into irregularities....

The Visvesvaraya Technological University, Belagavi, filed a writ appeal against an order of a learned Single Judge dated 27.02.2015 dismissing its writ petition as not maintainable. The writ petition...