Karnataka High Court

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal....

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O.S. No.511/2014. The appellant, originally defendan...

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High Court of Karnataka Allows Writ Petition Challenging Seniority List in Junior Assistant Cadre Due to Incorrect Placement of Hyderabad-Karnataka Region Appointees. Seniority Must Be Based on Date of Appointment, Not Reservation Status....

The petitioner, Kallappa Gonnagar, a Junior Assistant in the O&M Division of Karnataka Power Transmission Corporation Limited (KPTCL), challenged the seniority list dated 02.08.2023 published by the 3...

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High Court of Karnataka Grants Bail to Accused in Robbery and Extortion Case Due to Parity and Lack of Criminal Antecedents. Petitioners/accused Nos. 3 and 4 were granted bail under Section 483 BNSS / Section 439 CrPC for offences under Sections 310(2), 311, 238, 312 of BNS 2023, as co-accused were already enlarged on bail....

The High Court of Karnataka, Dharwad Bench, heard two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 439 of the Code of Criminal Procedure (CrP...

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High Court of Karnataka Grants Bail to Accused in Robbery and Extortion Case Under BNS 2023 — Prima Facie Case Not Made Out Against Accused Nos. 3 and 4. Court held that mere presence at the scene without specific overt acts does not justify denial of bail under Sections 310(2), 311, 238, 312 of Bharatiya Nyaya Sanhita, 2023....

The judgment pertains to two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 439 of the Code of Criminal Procedure (CrPC) seeking bail for the p...

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High Court of Karnataka Dismisses Writ Petition Seeking Quashing of NDPS Proceedings for Alleged Violation of Section 52A. Court Holds That Section 52A Procedure Complied With as Inventory and Sampling Done in Presence of Magistrate, and Challenge Based on Inadmissible Confession Statement Cannot Be Decided at Pre-trial Stage....

The petitioner, arrayed as accused No. 2 in a case under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, challenged the criminal proceedings pending in Special C.C. No....

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High Court of Karnataka Dismisses Petition Challenging Janaushadhi Kendra Approval — No Violation of Guidelines Found. Petitioner's claim that respondent's Kendra was within prohibited distance from her own Kendra rejected as guidelines only restrict distance between two Kendras, not between a Kendra and a proposed one....

The petitioner, Smt. Savinaya, operated a Janaushadhi Kendra under the Pradhan Mantri Bharatiya Janaushadhi Pariyojana (PMBJP) in Dakshina Kannada district. She challenged a communication dated 02-04-...

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High Court Quashes Central Government Order Requiring Mining Company to Stop Operations and Obtain Prior Approval Under Forest (Conservation) Act, 1980. Mining Lease Renewal Not Requiring Fresh Approval Under Section 2 of Forest (Conservation) Act, 1980 as Lease Area Was Already Diverted for Non-Forest Use....

The petitioner, The Sandur Manganese and Iron Ores Limited, a mining company, challenged a communication dated 29 January 2014 issued by the Ministry of Environment, Forests and Climate Change (respon...

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High Court of Karnataka Appoints Wife as Guardian of Comatose Husband and Directs Banks to Release Funds for Treatment and Livelihood. Court exercises parens patriae jurisdiction under Article 226 of the Constitution of India to appoint guardian for incapacitated person and issue mandamus to banks....

The petitioner, Sandya Anilkumar, wife of Dr. Anil Kumar H.V., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking appointment as guardian of her husband, who had bee...

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High Court of Karnataka Quashes SARFAESI Notices Against MSME Borrower for Non-Compliance with Mandatory Pre-Action Protocol. Bank's failure to follow RBI Circular dated 29.05.2015 requiring classification as NPA only after 90 days and issuance of 60-day notice before invoking SARFAESI renders proceedings invalid....

The petitioners, M/s. Metro Steel Section (Firm) and its partners, are MSME borrowers who availed credit facilities from the State Bank of India. The Bank issued notices under the Securitisation and R...