Karnataka High Court

28th Feb, 2024

Single complaint is maintainable even for multiple dishonour of cheques under Negotiable Instruments Act, 1881 when cause of action is the same.

In the matter of A Adinarayana Reddy vs S. Vijaylakshmi & Anr Criminal Petition No. 5909 of 2023 decided by the Hon’ble High Court of Karnataka on 05.02.2024   FACTS: The present Petition was filed […]
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6th Nov, 2023

Without resorting to the execution of a decree under Order XXI Rule 32 of CPC, protection as to possession of the property cannot be granted by a Court.

In the Matter of Sri. H. Dyamanagouda v Patil Eshwara Gowda decided by the Karnataka High Court on 05.10.2023. Neutral Citation: 2023:KHC:36114 FACTS The Plaintiff in Suit No. O.S.No.120/1990 obtained a decree of perpetual injunction […]
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11th Sep, 2019

For the presumption that a person who is not seen for seven years is dead, Spouse has to first approach civil court for declaration:

The High Court is of the opinion that there is no scope for presumption that wife would be dead, if she is not seen for about seven years. Law in this situation is that Husband […]
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3rd Apr, 2016

Writ Petitions against order passed by DRT in exercise of jurisdiction U/s 17 of the SARFAESI Act cannot be entertained #indianlaws

Writ petition under Article 226 of the Constitution should not be entertained when the alternate remedy is available under the Act, unless exceptional circumstances are made out. The writ remedy cannot be permitted to be […]
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19th Jun, 2014

Mere denial of liability in Cheque dishonour is not sufficent shift burden on complainant #indianlaws

Mere distorted version or mere taking up the plea or the defence that accused is not liable to pay any amount or be discharged the amount are not sufficient to put back the burden on to […]
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9th Jun, 2014

Subsequent purchaser can seek declaration as to that acquisition has lapsed #indianlaws

There is no bar for a subsequent purchaser to seek declaration as to the scheme of Acquistion having lapsed.
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