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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Erroneous Income Assessment. Tribunal's assessment of monthly income at Rs.15,000/- for a priest without documentary evidence held excessive; notional income of Rs.6,000/- per month applied under Motor Vehicles Act, 1988....

The appeal was filed by the Karnataka State Road Transport Corporation against the judgment and award dated 26.07.2011 passed by the 14th Additional Judge, Court of Small Causes and MACT, Bengaluru Ci...

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  • 99
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High Court of Karnataka Dismisses Writ Petitions Challenging Election Results of Milk Producers Co-operative Society — Alternative Remedy of Election Petition Available. Petitioners, candidates in election to directors of a co-operative society, challenged election results by filing civil suit and writ petitions; court held that efficacious alternative remedy under Section 70 of Karnataka Co-operative Societies Act, 1959 exists, hence writ petitions not maintainable....

The petitioners were candidates who contested the election for the post of directors of Hanumanthapura Milk Producers Co-operative Society in Gowribidanur Taluk, Chickaballapur District. The elections...

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  • 97
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High Court of Karnataka Quashes Defamation Proceedings Against Club Office Bearers for Lack of Specific Allegations. Complaint under Section 500 IPC fails to disclose essential ingredients of defamation as no specific imputation made by each accused....

The petitioners, who were office bearers and members of the General Committee of The Bangalore Club, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...

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High Court of Karnataka Dismisses Revision Petition in Private Complaint Case — Magistrate's Power to Issue Process Under Section 204 Cr.P.C. Without Examining All Witnesses Upheld When Offence is Exclusively Triable by Sessions Court. The Court held that Section 200 Cr.P.C. does not require examination of all cited witnesses before issuing process, and Section 202 Cr.P.C. is not mandatory for private complaints involving offences exclusively triable by Sessions Court....

The case involves a criminal revision petition filed by the accused persons (petitioners) against an order passed by the learned JMFC II Court, Hubli, issuing process against them under Section 204 of...

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  • 116
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Karnataka High Court Upholds Admission of Insufficiently Stamped Document for Collateral Purpose in Suit for Recovery of Possession — Document Admissible Under Section 35 of Karnataka Stamp Act, 1957 for Collateral Purpose of Contract....

The plaintiff filed a suit for recovery of possession claiming absolute ownership of the property. The defendant contended that the property belonged to one Chikka Venkatesha Bovi who sold the norther...

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  • 140
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Karnataka High Court Dismisses Plaintiff's Writ Petition Challenging Trial Court's Order Permitting Marking of Unregistered Sale Deed. Unregistered Sale Deed Admissible for Collateral Purpose Upon Payment of Stamp Duty and Penalty Under Karnataka Stamp Act, 1957....

The petitioner, Smt. Boramma, represented by her GPA holder Smt. Puttamani, filed a writ petition under Article 226 of the Constitution of India challenging an order passed by the Trial Court. The Tri...

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  • 83
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Karnataka High Court Sets Aside Summons to Witness for Production of Title Deeds in Civil Suit — Witness Not Obliged to Produce Documents Not in His Possession or Power. Order 16 Rule 6 CPC Requires Court to Be Satisfied That Documents Are in Possession or Power of Witness Before Issuing Summons....

The petitioner, G B Vijaykumar, was a witness in a civil suit O.S. No. 2216/2005 pending before the XXIV Addl. City Civil and Sessions Judge, Bangalore. The plaintiff, K R Nagaraja, filed I.A. No. 13 ...

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  • 100
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High Court of Karnataka Allows Return of Original Sale Deed Marked in Evidence Under Order 13 Rule 9 CPC — No Reasons Required for Withdrawal of Document. The court held that Order 13 Rule 9 CPC confers an unqualified right on the producer of a document to receive it back, and no reasons need be assigned for such return....

The petitioners, who are plaintiffs in O.S.No.1440/2009, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 18.02.2012 passed by the Principal City Civil ...

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  • 111
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High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit — Agreement of Sale with Possession Clause Requires Proper Adjudication Under Section 34A of Karnataka Stamp Act, 1957. The trial court's order directing payment of deficit stamp duty without first impounding the document was set aside and the matter remitted for fresh consideration....

The petitioners, who were the 1st defendant in a suit for specific performance, challenged the trial court's order dated 08.06.2012 in O.S.No.26784/2008. The trial court had overruled the defendant's ...

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  • 174
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High Court of Karnataka Quashes Cognizance Order Against Bank Officials in Cheating Case Due to Lack of Prima Facie Evidence of Dishonest Intent. Allegations of Criminal Conspiracy and Forgery Against Retired Bank Managers Dismissed as Civil Dispute Over Loan Sanction....

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 27.11.2013 passed by the learned Prl. Civil Judge &...

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