Karnataka High Court

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction. First Appellate Court Exceeded Its Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Satisfying Conditions for Remand....

The appellants, as plaintiffs, filed a suit for declaration of ownership, possession, and permanent injunction in respect of suit schedule property. The defendants did not appear and were placed expar...

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Karnataka High Court Dismisses Appellant in Writ Appeal Seeking Removal of Special Public Prosecutor in Disproportionate Assets Appeals. Engagement of Special Public Prosecutor by Directorate of Vigilance and Anti-Corruption, a Party to the Appeals, Held Not to Suffer from Conflict of Interest or Bias under Section 24(8) of the Code of Criminal Procedure, 1973....

Background: The case arose from appeals against conviction in a high-profile disproportionate assets case involving a former Chief Minister of Tamil Nadu and others. The appellant, a senior politician...

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High Court of Karnataka Dismisses Appeal Against Interim Injunction in Child Custody Dispute — Appeal Not Maintainable Under Order 43 Rule 1 CPC as Order is Not Appealable...

The appellant, Smt. Savitha B.P., filed a suit (O.S. No. 14/2015) before the VI Additional Principal Family Judge at Bengaluru seeking a declaration that a judgment and decree dated 30.3.2012 passed b...

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Karnataka High Court Dismisses Pontiff's Appeal Against FIR Quashing in Criminal Defamation Case — Allegations of Sexual Assault and Criminal Intimidation by a Seer Against a Woman and Her Family Not Quashed at Threshold....

The appellant, a 39-year-old pontiff of Shree Samsthana Gokarna – Shree Ramachandrapura Mutta, filed a writ petition under Article 226 and Article 227 of the Constitution of India read with Section ...

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High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Recovery Proceedings — Petitioner Failed to Deposit 25% of Debt Amount as Required Under Section 21 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993....

The petitioner, Sri. Srinivasa Desai, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the order dated 21.03.2...

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High Court of Karnataka Adjudicates Writ Petitions Against Re-Assessment Order Under KVAT Act on Software Implementation Services and Sales Tax. The Assessee Challenged a Demand of Rs.49 Crore and Sought Declarations of Unconstitutionality for Sections of KVAT Act and Finance Act, 1994, but Constitutional Arguments Were Not Pressed Before the Court....

The assessee, a company incorporated under the Companies Act, 1956, was engaged in development and sale of software, including Finacle universal banking solution, and provision of implementation, cust...

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High Court of Karnataka Quashes Criminal Proceedings in Section 153A IPC Case for Lack of Sanction Under Section 196 CrPC. Publication in 'The Hindu' Alleged to Promote Enmity Between Groups, but Court Found Cognizance Without Valid Sanction Invalid....

The petitioners, P. Venkataraghavan (alias Keshav) and Kasturi & Sons Limited (the publisher of 'The Hindu' newspaper), were arraigned as accused nos. 1 and 2 in C.C. No. 1333/2007 pending before the ...

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High Court of Karnataka Quashes Recovery Order Against Retired Deputy Manager in Warehousing Corporation Case — Recovery Without Opportunity of Hearing Violates Principles of Natural Justice. Recovery of Rs.2,46,130/- from Terminal Benefits for Alleged Shortage of Storage Materials Set Aside as No Show-Cause Notice or Enquiry Was Conducted....

The petitioner, Sri H.S. Lakshmegowda, was a Deputy Manager in the Karnataka State Warehousing Corporation and retired on 30.09.2010. On 18.01.2011, the respondent-corporation ordered recovery of Rs.2...