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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Motorcyclist Due to Negligence. Claimants entitled to compensation under Motor Vehicles Act, 1988 as Tribunal erred in dismissing petition on ground of contributory negligence without proper evidence.

The appeal was filed by the claimants (appellants) against the judgment and award dated 05.02.2019 passed in MVC No.82/2017 by the Senior Civil Judge ...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.19,30,000 for Death of Ganeshan. Negligence of Driver of Insured Vehicle Established, and Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal was filed by the Regional Manager of National Insurance Company Limited against the judgment and award dated 22.09.2016 passed by the IX Ad...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted. Complainant's Failure to Prove Financial Capacity Does Not Automatically Discharge Accused When Execution of Cheque is Admitted.

The appellant/complainant filed a criminal appeal under Section 378(4) Cr.P.C. challenging the judgment of acquittal dated 29.12.2010 passed by the XV...

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High Court of Karnataka Enhances Compensation for Widow of Deceased Workman in Workmen's Compensation Case. Multiplier Method Applied Based on Age and Notional Income Under Workmen's Compensation Act, 1923.

The appellant, Smt. Sanni @ Savitha, widow of deceased Sannu Gonda, filed an appeal under Section 30(1) of the Workmen's Compensation Act, 1923 agains...

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Case — Negligence of Insured Vehicle Driver Upheld. Tribunal's Finding of Negligence Based on Evidence Cannot Be Interfered With Under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13.06.2022 at about 11.15 p.m. on the Tirunelveli–Kanyakumari National Highway. The deceased ...

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Tribunal's Finding of Tractor Involvement. Eyewitness testimony and contemporaneous documents supported the claim, and compensation calculation was as per settled principles.

The case arises from a fatal motor accident that occurred on 06.02.2013 at about 7.30 p.m. The deceased, Nagaraj, was riding his two-wheeler (TVS 50) ...