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High Court of Karnataka Allows Release of Seized Vehicle in NDPS Case — Owner Not Accused, No Confiscation Proceedings Initiated. Vehicle Owner Entitled to Interim Custody Under Section 457 Cr.P.C. Pending Trial, Subject to Conditions Including Bank Guarantee of Rs. 1,00,000.

The petitioner, Kawal Jeet Kaur, is the registered owner of a vehicle (a truck) that was seized by the Excise Range Office, Indi, in Crime No. 105/202...

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High Court of Karnataka Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

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High Court of Karnataka Acquits Accused in NDPS Act Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Non-Production of Seized Contraband Before Court Renders Conviction Unsustainable Under Section 20(b) of NDPS Act, 1985.

The case pertains to a criminal appeal filed by Mustaq Ahamed alias Maamu and Siraj Basha alias Siraj alias Gunda against the judgment of conviction a...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction and Fine of Rs.1.80 Crore Upheld. Dishonour of Cheque for Rs.90 Lakhs Issued Towards Repayment of Loan — Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The case involves a criminal revision petition filed by the accused (Maxworth Realty India Ltd. and its Chairman & Managing Director K. Kesava) challe...

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Bombay High Court Transfers Investigation of Custodial Murder to CBI and Directs Registration of FIR Against Police Officers. The court found that the victim died due to injuries sustained while in police custody and that the investigation by CID was not impartial, warranting transfer to CBI.

The petitioners, wife, father, and brother of the deceased Shaikh Muhammed Shaikh Rustam, filed a criminal writ petition seeking transfer of investiga...

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Bombay High Court Dismisses Suit by Condominium Against Developer for Declaration of Rights Over Adjoining Plots as Barred by Limitation. Claims for Easement and Right of Way Held Time-Barred Under Articles 25, 65, and 113 of Limitation Act, 1963.

The Plaintiffs, Beach Towers Condominium and its President, filed a suit in 2012 seeking declarations that they have a right of way and easement over ...