Karnataka High Court

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Karnataka High Court Dismisses Petition Challenging Refusal to Impound Documents in Bank Recovery Suit — Stamp Duty Objection Must Be Raised at Time of Marking. Section 34 of Karnataka Stamp Act, 1957 does not mandate impounding after documents are marked without objection; belated application cannot compel court to impound....

The petitioner, defendant No.1 in a suit filed by Vijaya Bank for recovery of money, challenged the trial court's order dated 19.04.2012 declining to impound three documents (Ex.P6 - declaration and i...

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High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right....

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by the respondent, S.N. Shivakumar (plaintiff/decree...

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High Court of Karnataka Allows Writ Petition in Stamp Act Case — Impounding of Agreement of Sale with Possession Required Under Article 5(e)(i) of Karnataka Stamp Act, 1957. Trial Court Erred in Declining to Impound Document Where Possession Was Delivered Under Agreement of Sale, as It Attracts Stamp Duty as a Deed of Conveyance....

The defendant filed a writ petition challenging the trial court's order declining to impound documents under Section 33 of the Karnataka Stamp Act, 1957. The plaintiffs had filed a suit for specific p...

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High Court of Karnataka Allows Transfer of Matrimonial Case from Puttur to Madikeri for Convenience of Wife and Child. Wife's Divorce Petition at Final Arguments, Husband's Restitution Case Transferred for Joint Trial Under Section 24 CPC....

The petitioner-wife and respondent-husband married on 08.08.2011 at Kushalnagar, Madikeri District, and have an 18-month-old son. Due to differences, they live separately: the wife in Madikeri with he...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower courts' decree for partition and separate possession based on evidence of joint family property and plaintiff's share....

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the defendants (appellants) against the judgment and decree dated 12.07.2002 passed by the Pr...

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High Court of Karnataka Dismisses Petition Seeking to Exclude MLAs/MPs from Voting in Mayor Election. Writ of mandamus refused as petitioners failed to show any legal bar preventing legislators from voting in municipal corporation mayoral elections....

The petitioners, who were corporators of the Corporation of the City of Belgaum, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the ...

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High Court of Karnataka Allows Transfer of Criminal Defamation Case from Periyapatna to Bangalore Under Section 407 CrPC. Petitioners, Editors and Publishers of Newspapers, Sought Transfer to Ensure Fair Trial and Convenience....

The petitioners, who are editors and publishers of various Kannada newspapers including Prajavani, Udayavani, Prajanudi, Vijayakarnataka, and others, filed a criminal petition under Section 407 of the...

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High Court of Karnataka Allows Claimant's Appeal for Enhanced Compensation in Motor Accident Case — Insurance Company's Appeal Dismissed. Claimant's income reassessed and compensation enhanced for loss of future income, pain and suffering, and medical expenses under Motor Vehicles Act, 1988....

The case involves two appeals arising from a motor accident claim. The claimant, Mr. M. Raju, a 25-year-old vegetable vendor, sustained grievous injuries in a road accident on 20.05.2007 when a tempo ...