Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Allows Appeal Against Remand Order in Injunction Suit — Remand Without Deciding Merits Held Improper. The Court set aside the remand order and directed the First Appellate Court to decide the appeal on merits under Order 41 Rule 23A CPC, as the trial court had not decided the suit on a preliminary point....

The present Miscellaneous Second Appeal was filed by the defendants (appellants) challenging the order dated 17.09.2022 passed by the 1st Additional Senior Civil Judge, Ballari in R.A. No.21/2019, whe...

High Court

High Court of Karnataka Allows Writ Petition Challenging Termination of Temporary Employees by Municipal Corporation — Violation of Natural Justice and Non-Compliance with Standing Orders. Petitioners, daily wage workers, were terminated without notice or opportunity, and the court held that termination of temporary employees without following principles of natural justice and standing orders is illegal....

The petitioners, 16 individuals, were employed as daily wage workers by the Mangaluru City Municipal Corporation (respondent No.2) for several years. They were terminated from service without any prio...

High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Mother Granted 1/4th Share in Joint Family Property. Court held that a mother is entitled to equal share with her sons in the property of her deceased son under Section 8 of the Hindu Succession Act, 1956, and that the property was not ancestral but self-acquired....

The appellant, Venkubai, mother of the deceased Ravindra Shanbhag, filed a Regular First Appeal against the judgment and decree dated 03.03.2016 passed by the Senior Civil Judge, Honavar, in O.S.No.15...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession....

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 07.08.2020 passed in R.A.No.03/2016 by the ...

High Court

High Court of Karnataka Hears Appeal Against Dismissal of Partition Suit Due to Disputed Parentage. The Appellant Challenges Trial Court's Finding on Relationship Based on Documentary Evidence Including School Certificates and Tax Receipts....

The regular first appeal was filed by the appellant, who was the plaintiff No.1 in the original suit, challenging the judgment and decree dated 22.09.2007 passed by the I Additional City Civil and Ses...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition and Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The court held that no substantial question of law arises when courts below have concurrently found that suit property was joint family property and that plaintiff failed to prove prior partition....

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 13.08.2021 passed in R.A.No.89/2017 by the II Additiona...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Injunction — Petitioner Allowed to Incorporate Alternative Relief of Possession. Amendment Sought After Defendant's Death and After Evidence Was Led, But Court Found No Prejudice to Defendants as Issues Could Be Reframed and Evidence Reopened....

The petitioner, Abdul Sattar, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 03.12.2019 passed by the IV Additional Civil Judge and JMFC, Mangaluru, o...

High Court

High Court of Karnataka Allows Remission Claim for Prisoner Declared 'Not Fit for Work' — Rule 166(i)(e) of Karnataka Prison Manual 2021 Does Not Require Actual Work for Remission. The Court quashed the endorsement rejecting remission and directed fresh consideration, holding that willingness to work, not actual work, is the criterion....

The petitioner, Arun Kumar Alva, a 75-year-old prisoner serving sentence in Central Prison, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an...

High Court

High Court of Karnataka Upholds Trial Court's Order Allowing Production of Documents in Commercial Suit — Order XI Rule 1(5) CPC Does Not Mandate Filing of Documents Only at First Hearing. The court held that the trial court's discretion to allow late production of documents under Order XI Rule 1(5) CPC was valid and did not cause prejudice to the defendant....

The petitioner, M/S. JSM Corporation Private Limited, was the defendant in Commercial Original Suit No.835 of 2023 filed by the respondents, M/S. Brunton Developers and M/S. Prestige Cuisine, seeking ...

High Court

High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC....

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated Commercial Court), Bengaluru, which held that a co...

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