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High Court

High Court of Karnataka Dismisses Husband's Appeal Against Restitution of Conjugal Rights Decree — Marriage Not Irretrievably Broken Down. Section 9 of Hindu Marriage Act, 1955 does not require proof of specific withdrawal from society; mere refusal to cohabit suffices.

10 Jan 2017

The appellant-husband, K.S. Siva Das, and the respondent-wife, Dr. K. Lekha, were married on 15.09.2000 at Thiruvananthapuram, Kerala, according to Hi...

High Court

Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

21 Jul 2017

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Illegal Sand Mining Case Due to Lack of Sanction Under Section 22 of Mines and Minerals Act. Proceedings under Section 379 IPC and other allied offences held not maintainable without prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957.

15 Nov 2017

The petitioners, a lorry driver and lorry owner, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proce...

High Court

High Court of Karnataka Quashes Recovery Certificate in Industrial Disputes Act Case — Deputy Labour Commissioner Lacked Jurisdiction Under Section 33-C(1) for Disputed Claims. The court held that Section 33-C(1) of the Industrial Disputes Act, 1947 only permits recovery of admitted or determined amounts, not adjudication of disputed claims, and quashed the certificate issued without prior determination.

15 Dec 2017

The petitioner, M/s Schneider Electric IT Business India Pvt. Ltd., a company engaged in assembly of electronic components with eight manufacturing un...

High Court

High Court of Karnataka Quashes Order Setting Aside Ex-Parte Decree in Injunction Suit — Petitioner/Plaintiff Succeeds in Restoring Ex-Parte Decree. Trial Court's Order Allowing Restoration Under Order IX Rule 13 CPC Set Aside Due to Lack of Sufficient Cause for Non-Appearance.

14 Dec 2017

The petitioner, Nagireddy, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the 31...

High Court

High Court of Karnataka Upholds Age Limit Rule for District Judge Recruitment — Rule 5(3) of Karnataka Judicial Service (Recruitment) Rules, 2004 Held Valid. Petitioner's challenge to age bar of 35 years for direct recruitment dismissed as reasonable classification under Articles 14 and 16.

7 Dec 2017

The petitioner, Vijaya Kumar, applied for the post of District Judge under the Karnataka Judicial Service (Recruitment) Rules, 2004, pursuant to a not...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against MLA and MLC in Election Bribery Case — Procedural Irregularities in Investigation and Filing of Charge-Sheet Lead to Quashing of Complaint Under Section 482 CrPC.

7 Dec 2016

The petitioners, Smt. Shashikala Annasaheb Jolle (MLA of Nippani) and Smt. Thara @ Thara Anuradha (MLC), were accused in C.C. No.350/2015 arising out ...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Allowing Condonation of Delay in Filing Appeal — Limitation Act Section 5 Application Allowed on Costs. The court upheld the trial court's discretion to condone a delay of about 12 years in filing an appeal against a decree in a suit for permanent injunction, finding no jurisdictional error under Section 115 CPC.

5 Jan 2015

The petitioner, Mr. M Rathnavarma Padival, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging an orde...

High Court

High Court of Karnataka Dismisses PIL Challenging Appointment of Special Counsel in Customs and Excise Matters. Rule 9 of Customs (Appeals) Rules, 1982 and Rule 12 of Central Excise (Appeals) Rules, 2001 held not ultra vires.

19 Jan 2015

The petitioner, an advocate enrolled in the Karnataka State Bar Council, filed a Public Interest Litigation in 2014 challenging an endorsement dated 2...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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