Karnataka High Court

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Karnataka High Court Allows Writ Appeal in Land Tribunal Case — Order of Single Judge Set Aside Due to Lack of Notice to Appellant. The Land Tribunal's order granting occupancy rights to the appellant was upheld as the writ petitioner failed to implead necessary parties and the order was passed without notice to the appellant....

The appellant, Mrs. Seetha @ Shakuntala, was the third respondent in a writ petition filed by the third respondent herein, M. Ibrahim, before the High Court of Karnataka. The writ petition sought to q...

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High Court of Karnataka Dismisses Petition for Cancellation of Bail Filed by Complainant's Wife — Locus Standi Under Section 439(2) CrPC Not Available to Private Complainant. The court held that only the court or the prosecution can seek cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973, not a private individual....

The petitioner, Smt. Kashibai, wife of the deceased, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted to respondents 1 to 5 ...

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High Court of Karnataka Considers Challenge to Validity of Asset Declaration Rule for Panchayat Members. Petitioners Seek Declaration that Sub-Rule (2) of Rule 4 of Karnataka Panchayat Raj (Declaration of Assets by Elected Members of Taluka and Zilla Panchayats) Rules, 2010 is Ultra Vires Section 175-A of Karnataka Panchayat Raj Act, 1993....

The petitioners, elected members of Taluka and Zilla Panchayats from various districts in Karnataka, filed writ petitions under Articles 226 and 227 of the Constitution seeking a declaration that sub-...

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High Court of Karnataka Quashes Auction Notice in KSFC Recovery Proceedings — Petitioner's Property Not Mortgaged to KSFC. The court held that the Karnataka State Financial Corporation cannot auction property that was not mortgaged to it, and the petitioner's father's debt cannot be enforced against the petitioner's separate property....

The petitioner, Smt. Shruti Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash a paper publication dated 26.12.2012 (Annexure-G...

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Karnataka High Court Allows Appeal in SC/ST Act Case — Sets Aside Caste Certificate Cancellation Order for Lack of Application of Mind. Special Deputy Commissioner's Order Quashed as Authorities Failed to Consider Relevant Material and Violated Principles of Natural Justice....

The appellant, Smt. Earamma @ Muni Veeramma (since deceased, represented by her legal heir Abbanna), filed a writ appeal before the Karnataka High Court challenging the order of a learned Single Judge...

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High Court of Karnataka Quashes Board's Letter in Wakf Institution Election Dispute — Directs Election Based on Existing Membership List. Court holds that the Karnataka State Board of Wakfs cannot unilaterally alter membership list without following due process under the Wakf Act, 1995 and the institution's bye-laws....

The petitioners, M. Sirajulla Khan and Masood Abdul Khadir, claiming to be life members of the Muslim Orphanage, a Wakf institution, filed writ petitions under Article 226 of the Constitution of India...

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Karnataka High Court Dismisses State's Appeal Against Remand Order in Service Regularisation Case — Daily Wage Employees' Regularisation Remanded for Fresh Consideration. The Court held that the State could raise all contentions before the Single Judge and the appeal against a remand order was not maintainable....

The State of Karnataka filed writ appeals under Section 4 of the Karnataka High Court Act against an order dated 28.02.2012 passed by a learned Single Judge of the Karnataka High Court. The Single Jud...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Medical Negligence Case — No Causal Link Established Between Treatment and Death. Section 304-A IPC requires proof of rash or negligent act directly causing death; failure to prove beyond reasonable doubt leads to acquittal....

The State of Karnataka appealed against the acquittal of Dr. S. Vijayalaxmi and Dr. K.M. Rajagopal for an offence punishable under Section 304-A read with Section 34 IPC. The case arose from the death...

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High Court of Karnataka Dismisses Appeal Against Status Quo Order in Property Suit — Interim Order Upheld to Prevent Irreversible Changes Pending Trial. The court held that the trial court's discretion in granting status quo was judicious and proper under Order 43 Rule 1(r) CPC....

The appellant, M/s Bagmane Constructions Pvt. Ltd., was the 11th defendant in a civil suit (O.S.No.4743/2012) pending before the Principal City Civil and Sessions Judge, Bangalore. The suit involved a...