Karnataka High Court

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High Court of Karnataka Quashes Abetment to Suicide Proceedings Based on False Police Report and Lack of Prima Facie Case. The court held that continuation of proceedings under Section 306 IPC when police have submitted a 'B' final report and complainant failed to contest it would be an abuse of process of law....

The petitioner, Gopalkrishna, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the entire proceedings in P.C. No.69/2011, later registered as C.C. ...

High Court

High Court of Karnataka Quashes Cognizance Order Against Bank Officials in Cheating Case Due to Lack of Sanction Under Section 197 CrPC. Criminal proceedings against retired bank managers for alleged forgery and cheating quashed as their acts were in discharge of official duties requiring prior sanction....

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

High Court

High Court of Karnataka Quashes Proceedings Against Directors in NI Act Case — Directors Not Involved in Day-to-Day Affairs or Signing of Cheque. Liability under Section 138 of Negotiable Instruments Act, 1881 cannot be imposed on directors who are not responsible for conduct of business of the company at the time of offence....

The petitioners, accused Nos. 3 and 5 in C.C. No. 32585/2011 pending before the XV ACMM, Bangalore, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the p...

High Court

High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiffs failed to prove possession and title over suit property....

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the plaintiffs (appellants) against the judgment and decree dated 27.07.2004 passed by the Civil Judg...

High Court

High Court of Karnataka Allows Plaintiff to be Represented Through Power of Attorney in Civil Suit — Order 3 Rule 1 CPC Permits Representation by Agent with Court's Permission. The court held that the trial court erred in dismissing the application for representation through Power of Attorney holder, as Order 3 Rule 1 CPC allows such representation with the court's permission....

The petitioner, Sajida Banu, was the plaintiff in O.S. No. 21/10 pending before the Senior Civil Judge and JMFC, Malavalli. She filed I.A. No. 2 under Order 3 Rule 1 read with Section 151 of the Code ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Grama Panchayat Election Notification for Non-Compliance with Rule 3(2) of Karnataka Panchayat Raj (Conduct of Elections) Rules, 1993. Petitioner Failed to Establish That He Was a Voter in the Ward for Which He Sought to Contest, Leading to Dismissal of Petition....

The petitioner, Mr. M. Ananda, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bangalore, challenging the notification dated 24.02.2014 issue...

High Court

High Court of Karnataka Allows Judgment Debtor's Petition to Set Aside Auction Sale Due to Non-Compliance with Order 21 Rules 84 and 85 CPC. The court held that the auction purchaser's failure to deposit the remaining 75% of the bid amount within 15 days renders the sale null and void, and the execution court cannot validate such a sale....

The petitioner, Smt Keeramma, was the judgment debtor in an execution proceeding arising from a money decree obtained by the Life Insurance Corporation of India (LIC) for Rs. 42,634/- with future inte...

High Court

High Court Allows Secondary Evidence of Sale Deed in Civil Suit — Petitioner Permitted to Mark Photocopy Under Sections 63 and 64 of Evidence Act. Trial Court's Order Reversed for Failing to Consider That Original Was Lost and Petitioner Had No Other Means to Prove Execution....

The petitioner, Sri Prakash, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 22.3.2012 passed by the Civil Judge (Sr. Dn.) at Mysore in O.S. No...

High Court

High Court of Karnataka Quashes Transfer Order in SC/ST Atrocities Case — Sessions Court Exceeded Jurisdiction Under Section 228 CrPC. Transfer of case from Sessions Court to District and Sessions Judge for lack of territorial jurisdiction held invalid as Sessions Court had no power to transfer after committal....

The petitioners, who were the complainants in S.C. No.162/2013 pending before the Sessions Court, Shimoga, filed a petition under Section 482 CrPC seeking quashing of an order dated 18.04.2013 passed ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act....

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The decree holder, Tata Motor Finance Ltd, sought to exec...

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