KARTHE SOUTHERN TECHNOLOGY DESK

Karnataka High Court

Daily reporting on technology, commercial, service and public-law decisions from Karnataka.

THE KARNATAKA DISPATCH

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LEADYESTERDAY'S REPORT

Pre-trial amendments elaborating prior use are permissible when they do not alter the suit’s nature.

The respondent–plaintiff instituted Commercial O.S. No. 281 of 2025 seeking a permanent injunction restraining the petitioner–defendant from passing off its goods under the mark “DATE BITES” as the plaintiff’s “HAPPIL...

Karnataka High Court3 MIN READ
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The Archive

23 ANALYSES · NEWEST FIRST

Karnataka High Court·

Admissibility of Secondary Evidence and Section 50 Opinion to Prove Legitimate Relationship in Partition Suits

The plaintiffs (Respondents 1-4) filed a suit for partition claiming to be the wife and children of late Gangadharaiah, son of the original propositus Siddalingaiah

2 MIN READ

Karnataka High Court·

Strict 120-day limit for written statements under Karnataka CPC amendment read down to preserve judicial discretion in 'exceptionally rare' cases.

The petitioners, including a Senior Advocate, challenged the constitutional validity of Section 4 of the Code of Civil Procedure (Karnataka Amendment) Act, 2024 (Act No. 40 of 2025)

3 MIN READ

Karnataka High Court·

Mining companies cannot reduce royalty liability by crushing high-value iron ore lumps into fines before dispatch, rules Karnataka High Court.

MSPL Limited, a pellet manufacturer, was granted a captive mining lease (ML No. 2487) for iron ore via auction to feed its pellet plant.

3 MIN READ

Karnataka High Court·

Subsequent purchasers of land already under government acquisition have no legal right to challenge the acquisition proceedings, confirms Karnataka High Court.

The Mysore Urban Development Authority initiated land acquisition in 1981 for the Vijayanagar Layout, involving approximately 6 acres in Hinkal Village

2 MIN READ

Karnataka High Court·

Failure to prove specific encroached area boundaries precludes injunctive relief regardless of established title over the larger survey number.

The plaintiff (since deceased, represented by legal representatives) instituted O.S. No. 47/2009 seeking declaration of absolute ownership and delivery of possession over land bearing Sy. No. 38/1, Kutavadi village, H...

4 MIN READ

Karnataka High Court·

Suit for easementary right is valued on relief claimed, not on market value of servient property.

The respondent (plaintiff) filed a suit (O.S. No. 460/2025) seeking a declaration that 'Schedule B' property is meant for utility and the ingress/egress of the plaintiff, a mandatory injunction for the removal of ille...

2 MIN READ

Karnataka High Court·

Subsequent breach of settlement terms like dishonour of cheques is no ground to set aside a compromise decree as it doesn't render the agreement 'unlawful'.

The plaintiff (Respondent No. 1) filed a partition suit in O.S.No.1633/2006.

2 MIN READ

Karnataka High Court·

Unconditional leave to defend is a legal right once a 'substantial defense' is disclosed; Commercial Court cannot impose bank guarantee conditions.

The respondent (plaintiff) filed a commercial suit (Com.O.S.No.1151/2025) for the recovery of ₹5 crores, alleging that a cheque issued by the petitioner (defendant) for that amount was dishonoured.

2 MIN READ

Karnataka High Court·

Police protection can be granted under Section 151 CPC to enforce injunction decrees; technical procedural rules should not be used to render a court’s judgment ineffective.

The petitioners are the legal representatives of the Decree Holder, Sri N. Kempaiah, who obtained a permanent injunction decree against the respondents in O.S.No.124/2018 on 03.08.2020.

3 MIN READ

Karnataka High Court·

Gratuity Amount Payable to Deceased Employee’s Legal Heirs Is Immune From Attachment in Execution Proceedings

Respondent No. 1 instituted O.S. No. 109/2016 against the deceased Babu for recovery of money; the suit was decreed on 06.04.2018.

3 MIN READ

Karnataka High Court·

State Power to Create Promotional Quotas Based on Educational Qualification and Experience is Legally Valid

The petitioners, graduate Civil Engineers, joined the Karnataka Housing Board ("the Board") as Assistant Engineers (AE) in 2010 and were promoted to Assistant Executive Engineers (AEE) in 2021.

2 MIN READ

Karnataka High Court·

Unexplained Two-Decade Delay in Passing Awards Vitiates Land Acquisition Despite Absolute Statutory Vesting

The Bengaluru-Mysuru Infrastructure Corridor Project (BMICP) was initiated under a Framework Agreement (FWA) dated 03.04.1997 between the Government of Karnataka and Nandi Infrastructure Corridor Enterprises Ltd (NICE).

3 MIN READ

Karnataka High Court·

High Court Cannot Bypass Statutory Remedies to Enforce Disputed One-Time Settlement Terms Under SARFAESI Act

The respondents (borrowers) availed credit facilities from Canara Bank and created security interest over their property.

2 MIN READ

Karnataka High Court·

Claim petition is void-ab-initio if filed without satisfying territorial jurisdiction requirements under Section 166(2) of Motor Vehicles Act.

On 04.04.2020 at about 4:00 p.m., the claimant was allegedly preparing cow dung cakes by the side of the Hingangaon–Kumbhoj road near the land of Mujawar, within the limits of Kumbhoj village (Hatkanangale Taluk, Kolh...

3 MIN READ

Karnataka High Court·

Promotion through non-sequential feeder cadres and differing professional qualifications is a valid legislative policy.

The Karnataka Municipal Corporations (Common Recruitment of Officers and Employees) Rules, 2011 ('2011 Rules') govern recruitment for Municipal Corporations. Under these rules, the post of Assistant Executive Engineer...

3 MIN READ

Karnataka High Court·

Order of "Pay and Recover" inapplicable to claimants seeking compensation for negligence of their own father.

The appellants (children of the deceased) filed a claim petition under the Motor Vehicles Act seeking enhancement of compensation for the death of their mother, Smt. Manjula, in a road accident on 28.09.2019

2 MIN READ

Karnataka High Court·

Valuation for Partition Suit must be based on Plaint Averments regardless of Defendants' Allegations of Ouster.

The petitioner (plaintiff) filed a partition suit (O.S. No. 291/2013) asserting that the suit property, though registered in the name of the late Raghunath in 1967, was acquired using joint family nucleus and remains...

2 MIN READ

Karnataka High Court·

Administrative Authorities Cannot Arbitrarily Rescind Resolutions Passed to Comply with Judicially Affirmed Mandates

The Appellants own 3 acres of land in Jakkur Plantation Village, Bengaluru, which is landlocked by the property of Respondent No. 3 (25+ acres).

2 MIN READ