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High Court of Karnataka Quashes Additional Charge Under POCSO Act in Kidnapping Case — No Sexual Intent Established. Court holds that mere kidnapping without evidence of sexual assault does not attract Section 7 of POCSO Act, 2012.

The petitioner, accused No.1 in S.C.No.227/2018 pending before the II Additional District and Sessions Judge, Kolar, challenged the order dated 31.12....

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High Court of Karnataka Quashes Charge Sheet in Criminal Petition Under Section 482 CrPC — Allegations of Unlawful Assembly and Trespass Found Baseless. Court holds that continuation of proceedings would be an abuse of process of law as no prima facie case is made out against the petitioners.

The petitioners, five individuals, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the ...

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High Court of Karnataka Quashes POCSO Proceedings Against Accused Due to Lack of Sexual Intent — Allegations of Slapping and Wrongful Confinement Do Not Attract Sections 11 and 12 of POCSO Act, 2012

The petitioner, Smt. Thahseen Begum @ Tasi, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the...

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High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

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High Court of Karnataka Dismisses PIL Challenging Constitutionality of Section 394(1) CrPC for Lack of Distinction Between Pre- and Post-Death Acquittal in NI Act Cases. The court held that the provision is not unconstitutional and the petition lacked merit.

The petitioner, G Varadaraju, an 89-year-old individual appearing in person, filed a writ petition under Articles 226 and 227 of the Constitution of I...

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High Court of Karnataka Quashes Interim Compensation Order Under Section 143A of NI Act and Remands for Reconsideration — Section 311 CrPC Application Rejected as Not Maintainable

The petitioner, accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, challenged two orders passed by the II A...

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High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Ex Parte Interim Injunction for Non-Compliance with Order VI Rule 17 CPC. Appellant-Defendant's Application for Rejection of Plaint Under Order VII Rule 11 CPC Dismissed as Not Maintainable at Interim Stage.

The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindha...

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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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High Court of Karnataka Quashes Criminal Proceedings Against Pharmaceutical Company and Directors in Drugs and Cosmetics Act Case — Sample Not Drawn in Accordance with Rules. Failure to Follow Sampling Procedure Under Rule 46 of Drugs and Cosmetics Rules, 1945 Renders Prosecution Unsustainable.

The petitioners, M/s Emcure Pharmaceuticals Ltd (a drug manufacturing company) and its Managing Director and Director, filed a petition under Section ...