Karnataka High Court

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High Court of Karnataka Hears Writ Petition Challenging Termination of Probationary Constable in CISF. Petitioner Contends Discharge Was Stigmatic and Without Enquiry; Respondents Argue It Was Simpliciter Under Rule 25(2) of CISF Rules, 2001....

The petitioner, a Constable in the Central Industrial Security Force (CISF), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging his discharge from service during...

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High Court of Karnataka Quashes Criminal Proceedings Against Newspaper Editor and Managing Editor in Defamation Case — Complaint Lacked Specific Allegations Against Accused. Vicarious liability cannot be imposed without specific averments of involvement in publication of defamatory material under Section 499 IPC....

The petitioners, H.N. Dinesh and T.J. Anil, were the owner, editor, printer, publisher and managing editor of a newspaper called Vidhatha. The respondent, Malenadu Abhivrudhdhi Prathisthana, a society...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Cross-Objection in Motor Accident Claim — Negligence and Contributory Negligence Determined Based on Evidence. The court upheld the Tribunal's finding of negligence on the scooter rider and enhanced compensation for the injured claimant under Section 173(1) of the Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 20th March 2006 involving a Bajaj Chetak scooter (KA-14/J-1275) and a bus. The claimant, H.J. Rajendra, was a pillion rider on the scooter driven...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim — Multiplier Corrected from 13 to 16 Based on Deceased's Age. The Court recalculated loss of dependency using multiplier 16 as per Sarla Verma v. DTC, enhancing total compensation from Rs.5,27,280 to Rs.5,88,000 with 8% interest....

The appeal was filed by the claimants-appellants, being the legal representatives of the deceased K.K. Shivalingaiah, who died in a motor vehicle accident. The claimants sought enhancement of compensa...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Agreement to Sell Not Proved as Genuine Transaction Due to Lack of Credible Evidence and Discrepancies in Pleadings....

The appellant, T. Narayana, filed a Regular First Appeal before the High Court of Karnataka against the dismissal of his suit for specific performance of an agreement to sell dated 20.06.1994. The app...

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High Court of Karnataka Dismisses Writ Petition of Deceased Employee's Legal Representatives in Voluntary Retirement Dispute — No Employer-Employee Relationship After Acceptance of Resignation. Labour Court's dismissal of reference upheld as workman ceased to be employee upon acceptance of voluntary retirement application....

The writ petition was filed by the legal representatives of the deceased ex-employee, Kuppanna Naik, challenging the award of the Labour Court, Gulbarga, in Reference No.42/2009 dated 6.8.2011, which ...

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High Court of Karnataka Quashes Certificate Issued Under Section 101(1)(a) of Karnataka Co-operative Societies Act, 1959 for Non-Compliance with Mandatory Pre-Deposit Requirement. Execution Proceedings Based on Such Certificate Held Illegal and Without Jurisdiction....

The petitioner, Timmappa S/o Subraya Hegde, a judgment debtor, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a certificate dated 28.12.2011 (Annexure-H) iss...

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High Court of Karnataka Dismisses Writ Petition Filed as Public Interest Litigation for Abuse of Process. Exemplary Costs of Rs.1,40,000/- Imposed on Petitioners for Suppressing Material Facts and Pursuing Private Vengeance under Guise of PIL....

The petitioners, fourteen residents of P.Dasapura village, filed a writ petition in the High Court of Karnataka under Articles 226 and 227 of the Constitution seeking directions to revenue authorities...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred....

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the first appellate court in Misc.33/07 dated 9.9.2010...

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Karnataka High Court Allows Appeal in Property Dispute — Plaintiff Fails to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiff's Title Not Established and Defendant's Adverse Possession Upheld....

The case involves a property dispute where the plaintiff, Smt. Anusuyamma, claimed absolute ownership of a residential site in Mathikere, Bangalore, purchased from Smt. Leela Bai under a registered sa...