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High Court of Karnataka Allows Appeal in Motor Accident Claim — Tribunal Erred in Rejecting Claim Under Section 163A M.V. Act on Ground of Contributory Negligence. Claimants Entitled to Compensation Under Structured Formula Without Proof of Negligence.

The appeal was filed by the claimants, the wife and children of the deceased Shantaram, challenging the judgment and award dated 12.07.2012 passed by ...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit for Permanent Injunction to Include Alternative Relief of Specific Performance. Pre-trial amendment under Order 6 Rule 17 CPC should be liberally allowed if no prejudice is caused to the opposite party.

The petitioner, Shri Bhramappa S/o Parappa Savadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

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Karnataka High Court Allows Wife's Appeal Against Divorce Decree in Desertion Case — Marriage Not Irretrievably Broken. Husband Failed to Prove Desertion for Continuous Period of Two Years Under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appeal arises from a judgment and decree dated 06.04.2017 passed by the I Additional Principal Family Court, Mysuru, in M.C. No.365/2015, whereby ...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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High Court of Karnataka Dismisses Petition for DNA Test in Paternity Dispute — Husband Denies Paternity of Child Born During Separation. Presumption of Legitimacy Under Section 112 of Indian Evidence Act Applies Unless Non-Access is Proved.

The petitioner, husband, filed a writ petition challenging the order of the Family Court, Belgaum, dated 21.11.2015, which rejected his application (I...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...