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High Court of Karnataka Dismisses Writ Petition Challenging Order Setting Aside Ex Parte Decree in Money Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance.

The petitioner, Siddappa Savadi, filed a suit (O.S.No.175/1995) for recovery of money against the respondents. The suit was decreed ex parte on 17.08....

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation. Allegations of harassment and demand for money did not constitute abetment under Section 306 IPC as there was no direct or indirect act of instigation to commit suicide.

The petitioner, Sham Ramratan Kabara, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR ...

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Bombay High Court Allows Recall of Witness in Cheque Dishonour Case Under Section 311 CrPC for Effective Cross-Examination. Petitioner Accused Granted Opportunity to Recall Complainant's Witness to Ensure Fair Trial and Just Decision.

The petitioner, Kavita Agrawal, was the accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judic...

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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Company's Ability to Secure Debt. Section 434(1)(a) of Companies Act, 1956 Requires Creditor to Consider Offer of Security Before Deeming Company Unable to Pay Debts.

The appeal was filed by Stonemann Royale Limited against an order dated 19 March 2018 made by the learned Company Judge admitting and ordering adverti...

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High Court of Karnataka Quashes Proceedings in NI Act Case Due to Absence of Legally Recoverable Debt Allegation. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as no averment of legally enforceable debt or liability exists.

The petitioner, R Parimala Bai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in C...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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Karnataka High Court Permits Landowners to Alienate Property Notified for Acquisition Under Karnataka Industrial Areas Development Act Due to Medical Emergency. Right to Life Under Article 21 of Constitution Overrides Procedural Restrictions When Property is Sole Source of Livelihood.

The petitioners, owners of land in Sy.No.207, Hulikunte Village, Doddaballapura Taluk, filed a writ petition seeking release of at least 50% ad interi...