Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable....

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (the complainant in one case and accused in another...

High Court

High Court of Karnataka Allows Revision Petitions in Negotiable Instruments Act Case — Acquittal Set Aside Due to Non-Examination of Complainant and Improper Service of Notice. Court holds that Section 138 NI Act proceedings require proper service of demand notice and examination of complainant as witness, and failure to do so vitiates the trial....

The petitioner, Mr. Lagadapati Malyadri, filed two criminal revision petitions under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judgments of the trial c...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Sections 302, 201, 120-B, 404 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Frank Anthony @ Frank, was convicted by the LXIII Additional City Civil and Sessions Judge, Bengaluru, in S.C.No.729/2010 and S.C.No.464/2010 for offences under Sections 302, 201, 120-B...

High Court

High Court of Karnataka Allows Husband's Appeal in Partition and Mandatory Injunction Suits — Property Acquired During Marriage is Joint Family Property Under Section 27 of the Family Courts Act, 1984. The court held that the wife's contributions to the household and her role as a homemaker gave her a right to claim partition and mandatory injunction....

The appellant, Sunil Abraham, and the respondent, Reeth Abraham (also known as Reeth Devaiah), were married and later divorced. During the marriage, the appellant acquired a property at No. 609, 6th B...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Unreliable Circumstantial Evidence and Lack of Motive. Conviction under Sections 302 and 448 IPC set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt....

The appellant, Sri Annappa Bhandary, was convicted by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) in S.C.No.29/2018 for offences under Sections 448 (house-trespass) and 30...

High Court

High Court of Karnataka Allows Appeal in Railway Accident Claim — Deemed Passenger Doctrine Applied. Claimants entitled to compensation as deceased was a bona fide passenger holding a valid ticket, rebutting the presumption of negligence under Section 124A of the Railways Act, 1989....

The appeal arises from the dismissal of a claim petition by the Railway Claims Tribunal, Bangalore Bench, in OA No. II U 162/2012 dated 14.12.2016. The claimants, being the legal representatives of th...

High Court

High Court of Karnataka Dismisses Civil Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration and Injunction Regarding Public Property. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law....

The petitioners-defendants filed a civil revision petition under Section 115 CPC challenging the order dated 29.09.2023 passed by the Senior Civil Judge and JMFC, Malur in O.S. No. 636/2022, rejecting...

High Court

High Court of Karnataka Quashes MSME Facilitation Council Award for Violation of Natural Justice and Section 18(3) of MSME Act — Failure to Conduct Conciliation Before Arbitration Renders Award Void. The Court held that the Facilitation Council must first attempt conciliation before arbitration, and failure to issue notice and provide opportunity of hearing violates principles of natural justice, warranting quashing of the award....

The petitioner, M/s Enmas GB Power Systems Projects Ltd., a private company providing solutions for infrastructure, power, and industrial sectors, had issued a purchase order to the second respondent,...

High Court

High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC....

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment, arrears of rent, and future mesne profits. Durin...

High Court

High Court of Karnataka Quashes Arbitration Proceedings in Chit Fund Dispute for Lack of Jurisdiction. Arbitration Clause in Chit Fund Agreement Not Binding as Chit Fund Act Overrides Arbitration and Conciliation Act....

The petitioner, Sri H.B. Shivakumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash arbitration proceedings initiated by the 1st respondent, Gokulam Chi...

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