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High Court

High Court of Karnataka Quashes FIR in Family Property Dispute — Criminal Breach of Trust and Cheating Allegations Found to Be Civil in Nature. Dispute over sale of inherited property by co-owner does not constitute criminal offences under Sections 406 and 420 IPC as no criminal intent or deception established.

19 Jul 2024

The petitioners, Santosh B. Reddy and Smt. Vinaya B.N. Reddy, who are accused 1 and 2, filed a criminal petition under Section 482 of the Code of Crim...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

13 Jun 2024

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit.

6 Jul 2023

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings of Courts Below. Held that the Trial Court and First Appellate Court erred in granting share to plaintiffs without proper proof of joint family status and without considering the effect of prior partition and ouster.

23 Mar 2023

The appellant, defendant No.2, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated...

High Court

High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Dispute Arising from Family Settlement Agreement Not Constituting Criminal Offence Under Sections 420, 406, 506 IPC.

14 Oct 2022

The petitioners, Sri Y.N. Sreenivasa and Smt. Suraksha, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing...

High Court

High Court of Karnataka Allows Writ Petition Against Bank Forfeiture — Directs Refund of Rs.24.10 Lakhs Deposit with Interest. Forfeiture of deposit without contractual authority in auction sale is arbitrary and unjust, warranting refund with interest at 6% per annum.

20 Apr 2022

The petitioner, P Balaji Babu, participated in an auction conducted by the State Bank of India (respondent No.1) for the sale of immovable property ow...

High Court

High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

25 Aug 2021

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

High Court

High Court of Karnataka Quashes Suo Motu Revision Order Under Section 136(3) of Karnataka Land Revenue Act, 1964 Initiated After 48 Years — Unreasonable Delay and Lack of Notice Vitiate Proceedings. The court held that the power of suo motu revision must be exercised within a reasonable period, and a delay of 48 years is unreasonable; further, the order passed without notice to the grantee violates natural justice and is void.

9 Mar 2020

The petitioner, Mr. Ramakrishna M, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

High Court

High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Upholds Trial Court's Discretion in Rejecting Judgment on Admissions and Allowing Amendment of Written Statement in Property Suit. Court holds that admissions must be clear, unambiguous, and unequivocal for decree under Order XII Rule 6 CPC, and that amendment of pleadings under Section 151 CPC is permissible to clarify or add new facts.

5 Mar 2019

The case involves two writ petitions arising from a civil suit O.S. No. 1165/2009 pending before the XLIII Additional City Civil and Sessions Judge, B...

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