Karnataka High Court

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High Court of Karnataka Allows Revision Petitions Against Dismissal of IA for Return of Plaint in Small Causes Suits. Court holds that Small Causes Court has no jurisdiction to try suits for possession where tenancy is disputed and title is in question, and plaint must be returned for presentation to proper court under Order VII Rule 10 CPC....

The judgment involves multiple civil revision petitions filed by tenants against the Jumma Masjid Trust Board, challenging orders of the V Additional Small Causes Judge and XXIV ACMM, Bangalore, dated...

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Karnataka High Court Allows Daughters' Partition Appeal Against Father in Hindu Joint Family Property Dispute. Daughters Held Entitled to Share as Coparceners Under Section 6 of Hindu Succession Act, 1956 as Amended by Act 39 of 2005....

The appellants, R. Sandhya and R. Swetha, daughters of S.R. Raju, filed a suit for partition and separate possession of their 1/3 share each in the schedule B property, claiming that the property is j...

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High Court of Karnataka Quashes Appointment of Member to Wakf Board for Non-Compliance with Section 101 of Wakf Act, 1995. Appointment of R. Abdul Reyaz Khan set aside as mandatory consultation with Board and Committee of Management was not undertaken....

The petitioner, M. Javeed Ali, a Muslim and Mutawalli of Masjid-e-Farooquia, Kodihalli, Bangalore, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the notific...

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High Court of Karnataka Dismisses Company Application Seeking Recall of Winding Up Petition Admission Order Against Kingfisher Airlines Limited. Company Court Has No Power to Recall or Review Its Own Order Admitting a Winding Up Petition Under the Companies Act, 1956....

The applicant, Kingfisher Airlines Limited, filed an application under Section 466 of the Companies Act, 1956, seeking recall of the order dated 30.10.2013 by which a winding up petition filed by a co...

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High Court of Karnataka Dismisses Writ Petition Challenging BDA Allotment of Site to Public Library Department — Allotment Upheld as Valid and Not Contrary to Law. The court held that the allotment of a civic amenity site for a public library is a lawful public purpose and the petitioner society had no locus standi to challenge the same....

The petitioner, MICO Employees' House Building Co-operative Society Limited, a registered co-operative society under the Karnataka Co-operative Societies Act, 1959, had formed a layout of residential ...

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High Court of Karnataka Dismisses Petition Challenging No-Confidence Motion Against APMC President — Two-Thirds Majority of Members Present and Voting Sufficient. Section 44(2) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 interpreted to require support of two-thirds of members present and voting, not total membership....

The petitioner, H M Rajappa, was elected as a member of the Agricultural Produce Marketing Committee (APMC), Channagiri, on 01.05.2011 and subsequently elected as its President on 01.02.2013. Some mem...

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High Court of Karnataka Quashes FIR Against Project Manager of Private Society in Corruption Case — Petitioner Not a Public Servant Under Prevention of Corruption Act, 1988. Nirmithi Kendra Being a Private Society Unconnected with Government Activities, Its Employee Cannot Be Prosecuted Under Section 13(1)(e) r/w Section 13(2) of PC Act....

The petitioner, Gopinath @ Gopinathsa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.8/2013 registered by the Lokayukta Police, Bijapur...