Karnataka High Court

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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...

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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...

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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...

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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...

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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...

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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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Karnataka High Court Examines Application of Order XXIII Rule 3A CPC to Suit by Non‑Party Seeking Declaration That Compromise Decree is Not Binding. The appellant, a religious math, challenged the rejection of its plaint which alleged that a compromise decree was fraudulent and collusive, thus not binding on it....

The dispute centered on a property originally allotted to S. Narayana by the Bengaluru Development Authority in 1973, with a sale deed executed in 1990. Upon his death on July 22, 2013, his wife Smt. ...

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High Court of Karnataka Dismisses Appeal Against Arbitral Award in Employment Bond Dispute. Compensatory cost clause for premature resignation held not unconscionable under Section 74 of Indian Contract Act, 1872....

The appellants, Mr. Vivek R Nair and Mr. Raveendran Nair, were the plaintiffs in an arbitration suit (AS No.85/2012) before the 6th Additional City Civil & Sessions Judge, Bengaluru City, which was di...

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High Court of Karnataka Quashes Lokayukta Investigation for Lack of Prior Sanction Under Section 17-A of Prevention of Corruption Act, 1988. Investigation conducted without mandatory prior approval from competent authority held null and void....

The petitioners, three public servants employed with the Pattana Panchayat, Jagalur, Davangere District, filed a writ petition before the High Court of Karnataka seeking a declaration that the inquiry...