Karnataka High Court

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High Court of Karnataka Allows Appeal by Town Municipal Council in Land Acquisition Dispute — Plaintiff's Suit for Declaration and Possession Dismissed for Lack of Title and Limitation. The court held that acquisition under the Land Acquisition Act, 1894 extinguishes prior title and the plaintiff failed to prove possession within limitation....

The appeal arises from a suit filed by the original plaintiff (since deceased, represented by LRs) against the Town Municipal Council, Sindagi, and State authorities. The plaintiff claimed that she ow...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Petitioner Fails to Show Interlocutory Order Suffers from Jurisdictional Error or Material Irregularity. The court upheld the trial court's grant of temporary injunction under Order 39 Rules 1 and 2 CPC, finding that the plaintiff had made out a prima facie case and balance of convenience favored them....

The petitioner, S.N. Prakash, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 28.02.2014 passed by the XL Additional City Civil and ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Dishonour of Cheque Case — Complaint Filed by Company Not Maintainable as Complainant Was Not Holder in Due Course. The court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881 is not maintainable when the complainant is not the payee or holder in due course of the cheque....

The petitioners, accused Nos. 3 and 4 in C.C. No. 25456/2009 on the file of XIII ACMM, Bangalore, filed two petitions under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the ...

High Court

High Court of Karnataka Dismisses Government Appeal in Student Transfer Certificate Case — Concurrent Findings Upheld. Court holds that refusal to issue Transfer Certificate without valid reason violates student's right to education under Article 21-A of the Constitution of India....

The case pertains to a second appeal filed by the Government of Karnataka and other education department officials against the concurrent findings of the trial court and first appellate court in a sui...

High Court

High Court of Karnataka Dismisses Son's Appeal in Partition Suit — Upholds Daughter's Enhanced Share Under Muslim Law. Son's claim for half share rejected; daughter granted 2/9th share as daughter and 1/3rd share as widow of predeceased son under Muslim Personal Law....

The plaintiff, Mohammed Ashraf, filed a suit for partition and separate possession of an immovable property bearing CTS No. 340 in Belgaum, claiming that he and his sister, Smt. Tabassum (first defend...

High Court

High Court of Karnataka Quashes FIR and Cognizance Order in Corruption Case Against Retired IPS Officer — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Court held that taking cognizance without valid sanction is illegal and proceedings are liable to be quashed....

The petitioner, Dr. S. Krishnamurthy, a retired IPS officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.95/2012 dated 27.1...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Appellate Tribunal for Electricity's Notification on Appeal Filing Procedure. The court held that the notification prescribing a specific format for appeals under the Electricity Act, 2003 is not ultra vires and is within the Tribunal's rule-making power....

The petitioner, Gulbarga Electricity Supply Company Limited, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging a notification dated 24.02.2012 issued by the ...

High Court

High Court of Karnataka Quashes Complaint Against Company Directors in Factories Act Case — Lack of Sanction Under Section 108 of Factories Act, 1948 Renders Prosecution Invalid. Complaint filed by Joint Director of Factories without prior sanction of the Inspector under Section 108 of the Factories Act, 1948 is not maintainable and is liable to be quashed....

The petitioners, who were the Managing Director and Vice President of M/s Kennametal India Ltd., were accused nos. 1 and 2 in C.C. No. 1350/2013 pending before the VII Addl. Chief Metropolitan Magistr...

High Court

High Court of Karnataka Upholds Remand Order in Declaration Suit — Remand Proper as Trial Court Failed to Frame Necessary Issues and Consider Evidence. Order 41 Rule 23 CPC Allows Remand When Lower Court's Judgment is Unsustainable Due to Procedural Irregularities....

The case involves a suit for declaration of title and injunction filed by the plaintiff (respondent No.1) against the Town Municipality, Ramdurg, and three private defendants (appellants). The plainti...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Corrected and Future Prospects Added. Claimants awarded Rs.11,07,000/- with 8% interest for death of 25-year-old in road accident under Motor Vehicles Act, 1988....

The appeal arises from a motor accident claim petition filed by the legal representatives of the deceased, Ramajinappa, who died in a road accident on 20th February 2012. The claimants, including the ...

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