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High Court Dismisses Insurer's Appeal and Partly Allows Claimant's Enhancement in Motor Accident Claim Involving Empty Tractor. Breach of Policy Condition Not Established as Tractor Was Empty at Time of Accident Despite Commercial Use, Under Section 173(1) of Motor Vehicles Act, 1988.

The case involves two cross-appeals arising from a motor accident claim. The claimant, a pedestrian, was injured when a tractor-trailer returning empt...

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High Court of Karnataka Dismisses Appeal Against Dismissal of Suit for Declaration and Permanent Injunction. Plaintiffs Failed to Prove Title and Possession, Suit Barred by Limitation.

The dispute concerned agricultural land bearing R.S.No.21, Block No.36 situated in Teredkoppa village, originally part of the Talawar family holdings....

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Karnataka High Court Dismisses Appeal in Service Matter — Limitation Bar for Recovery of Salary Arrears. Suit for recovery of salary arrears filed after 20 years held barred by limitation under Article 58 of Limitation Act, 1963.

The appellant, Smt. Rabiya Abdul Hamid Bepari, filed a Regular First Appeal under Section 96 read with Order 41 Rules 1 and 2 of the Code of Civil Pro...

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High Court of Karnataka Acquits Appellant in Dowry Harassment and Abetment of Suicide Case — Conviction Set Aside Due to Lack of Evidence of Cruelty and Instigation. Allegations of Demand for Additional Dowry and Harassment Not Proved Beyond Reasonable Doubt Under Sections 498A and 306 IPC.

The appellant, Santhosh, was convicted by the VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi, for offences under Sections 49...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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High Court of Karnataka Quashes Enquiry Officer Order in Wakf Property Dispute for Lack of Jurisdiction and Violation of Natural Justice. Enquiry Officer under Section 54 of Wakf Act, 1995 cannot pass final order determining rights or ordering eviction; such order passed without hearing is unsustainable.

The petitioners, Sahebalal S/o Gudusab Rohile and Munoruddin S/o Abasaheb Jinabade, filed a writ petition under Articles 226 and 227 of the Constituti...

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Karnataka High Court Upholds Widow's Freedom Fighter Pension Claim Despite Delay and Lack of Co-Prisoner Certificate. State's Rejection Set Aside as Scheme Does Not Require Such Proof for Widows.

The respondent, Smt. Savakka, widow of Dundayya Vibhuthimath, applied for freedom fighters' pension under the Freedom Fighters' Pension Scheme, 1969, ...

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High Court of Karnataka Quashes Cognizance in SC/ST Act Case Due to Lack of Sanction Under Section 18A — Proceedings Initiated Without Mandatory Preliminary Inquiry Under Section 18A(2) of SC & ST (Prevention of Atrocities) Act, 1989 Are Void Ab Initio.

The petitioner, Santosh S/o Mahaveer Mangasuli, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the ...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court Order Refusing to Reopen Evidence. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to allow a party to adduce additional evidence after closure of evidence.

The petitioners, who are defendants in a partition suit, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challe...