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Karnataka High Court Upholds Removal of Nominated Corporators for Lack of Residence Qualification Under Karnataka Municipal Corporations Act, 1976. The court held that nominated corporators must be residents of the assembly constituency they represent, and their removal for non-compliance with this requirement is valid....

The case involves 13 nominated corporators of the Bruhat Bangalore Mahanagara Palike (BBMP) who were removed by the State Government on the ground that they did not reside in the respective assembly c...

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High Court of Karnataka Directs Consideration of Representation to Adjourn No-Confidence Motion Against Gram Panchayat President — Petitioners Who Signed Notice Cannot Withdraw Support Without Proper Procedure...

The petitioners, Sri T. Rajakumar Naik and Smt. Gangamma, were elected members of Kanchipura Gram Panchayat in May 2010. On 30.12.2013, 14 members, including the petitioners, presented a notice to the...

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  • 89
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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Two Insurers Based on Contributory Negligence. The court held that the insurer of the auto rickshaw cannot be exonerated when its driver was equally negligent, and applied multiplier of 13 for deceased aged 45 years under Motor Vehicles Act, 1988....

This appeal under Section 173(1) of the Motor Vehicles Act, 1988 was filed by the claimants, the legal representatives of the deceased Narasimhegowda @ Chandru, seeking enhancement of compensation and...

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  • 106
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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Courts Below Upheld. Sale Deed Cancellation Suit Fails as Plaintiff Failed to Prove Undue Influence or Fraud Under Section 16 of the Indian Contract Act, 1872....

The appellant, Shivakumar, was the plaintiff in O.S.No.2108/2006 before the II Additional Senior Civil Judge, Bangalore Rural District, seeking cancellation of a sale deed dated 01.08.2006 (registered...

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  • 118
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High Court of Karnataka Quashes Criminal Proceedings Against Company and Chairman in TDS Default Case — Failure to Remit TDS Not an Offence Under Section 276-B of Income Tax Act if Tax is Subsequently Paid with Interest. The court held that the prosecution under Section 276-B read with Section 278-B of the Income Tax Act, 1961 is not maintainable when the deducted tax has been paid along with interest before the initiation of proceedings....

The petitioners, M/s Kingfisher Airlines Ltd. and its Chairman and Managing Director, Sri Vijay Mallya, filed three criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seekin...

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  • 112
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High Court of Karnataka Quashes Discharge of Civil Judge in Absorption Case — Violation of Natural Justice. Petitioner's discharge from service without notice or inquiry held illegal as she was absorbed under Absorption Rules, not a fresh appointee, and had rendered over seven years of service....

The petitioner, Haleema, was initially appointed as a Civil Judge (Jr.Dn.) on probation on 02.07.1999 and joined on 26.07.1999. She was later relieved due to the issue of rural weightage. However, the...

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  • 89
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High Court of Karnataka Dismisses Petitioner's Writ Petition Seeking Regularization of Services from Initial Appointment Date. Petitioner's claim for regularization from 1992 rejected as appointment was irregular and not against a sanctioned post....

The petitioner, Sri H. Venkataramana, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bangalore, challenging the order dated 12.9.2013 passed...

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  • 200
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High Court of Karnataka Allows Appeal in Motor Accident Claim — Compensation Enhanced Due to Inadequate Award. Claimant's delay in filing condoned as sufficient cause shown under Section 5 of Limitation Act, 1963....

The appellant, Mr. Nazeer @ Nazeer Ahmed, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 15th September 2012 passed by the XXI Additional Jud...

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  • 72
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High Court of Karnataka Passes Order in Election Petitions Challenging Election of MP from Davanagere Constituency on Grounds of Disqualification under Section 9A of Representation of People Act, 1951 and Corrupt Practices. Petitioners Allege Acceptance of Nomination Paper Was Improper as Returned Candidate Had Subsisting Contract with Government Through His Employee, and Voters Were Subjected to Undue Influence....

The judgment pertains to two election petitions filed under Section 81 of the Representation of the People Act, 1951 by electors of 13 Davanagere Lok Sabha Constituency, challenging the election of th...

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  • 162
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Karnataka High Court Allows Appeal of Workman in KSRTC Service Dispute — Compulsory Retirement Set Aside Due to Non-Application of Mind. Employer Failed to Consider Alternative Employment for Disabled Conductor Under Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995....

The appellant, D.C. Chandrashekaraiah, was employed as a Conductor under the Karnataka State Road Transport Corporation (KSRTC) at Chickmagalur Division. After nearly 11 years of service, he was compu...

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