Karnataka High Court

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud....

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. Hiremath, claimed as the younger brother and legal ...

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High Court of Karnataka Dismisses Habeas Corpus Petition for Missing Person as Not Maintainable. Writ of habeas corpus lies only when there is illegal detention, not for tracing a missing person....

The petitioner, Sudharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents (State of Karnataka, Superintendent of Police, a...

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Karnataka High Court Allows Writ Petitions Challenging Order Refusing to Set Aside Ex-Parte Final Decree in Partition Suit. Court holds that the trial court erred in rejecting application under Order IX Rule 13 CPC without considering that the summons were not duly served and the petitioners had sufficient cause for non-appearance....

The petitioners, who were defendants in a partition suit (O.S. No. 7/2007), filed applications under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to set aside the ex-parte final decree ...

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High Court of Karnataka Quashes Ex Parte Award in Minimum Wages Act Case Due to Lack of Proper Service. Employer's absence due to travel and non-opening of post box held insufficient for ex parte proceedings under Section 20(2) of Minimum Wages Act, 1948....

The petitioner, A S Chandra Prakash, a coffee planter, was issued a notice to appear before the Labour Officer and Minimum Wages Enquiring Authority (first respondent) in a proceeding under Section 20...

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High Court of Karnataka Allows Writ Petition in Civil Procedure Case — Order Dismissing Application Under Order 16 Rule 21 CPC Set Aside. Court Held That Summons to Witness Must Be Served by Court and Not by Party, and That Dismissal for Default of Witness Is Not Permissible Without Proper Service....

The petitioner, M/s. Krithi Constructions, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 03.03.2014 passed by the XXVIII Additional City Civil and Ses...

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High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction....

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an ex parte order dated 24.05.2011 passed by the Tri...

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Karnataka High Court Allows Writ Petition Challenging Premature Retirement of University Employee — Retirement Age of 60 Years Upheld for Director of Physical Education. Bangalore University's Notification dated 4.1.2014 retiring the petitioner at age 60 was quashed as the petitioner was entitled to continue till age 62 under the University's own regulations....

The petitioner, Dr. R. Muni Reddy, was employed as Director of Physical Education at Bangalore University. He joined service in 1985 as a temporary Lecturer, was regularised in 1994, and promoted to R...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurer's Appeal Dismissed. Claimant awarded additional compensation for permanent disability and loss of income due to amputation of leg....

The case involves two appeals arising from a motor accident claim. The claimant, B.N. Dhananjaya, sustained grievous injuries including amputation of his left leg below knee in a road accident. He fil...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurer's Appeal Dismissed. Claimant awarded Rs.14,19,000/- for grievous injuries sustained in road accident under Motor Vehicles Act, 1988....

The judgment pertains to two appeals arising from a motor accident claim. The claimant, B.N. Dhananjaya, sustained grievous injuries in a road accident and filed a claim petition before the Motor Acci...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Substantial Question of Law Must Arise for Interference in Second Appeal; Mere Appreciation of Evidence Not Sufficient....

The appellants, who were defendants 3 and 4 in the original suit O.S.No.39/2003, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20....