Karnataka High Court
LEGAL SUBJECT
Civil Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Karnataka High Court
Final dismissal of the State’s recovery suit renders the departmental recovery order arbitrary.
The petitioner, an in-charge Audit Officer on deputation, was subjected to an enquiry concerning alleged misappropriation of funds.2 MIN READ↗
Karnataka High Court
Post-commencement pleading amendments require proof that due diligence could not raise them earlier.
The respondents sued for declaration, perpetual injunction and rectification of revenue records.1 MIN READ↗
Odisha High Court
Pending set-aside applications do not automatically stay execution, though a time-limited stay may be granted.
The petitioners, judgment-debtors, challenged an order refusing to stay Execution Case No. 45 of 2023.2 MIN READ↗
Karnataka High Court
A court must assess relevance before rejecting additional documents solely as belated.
The petitioners challenged the Commercial Court’s order dated 31 August 2024 dismissing their application under Section 151 of the Code of Civil Procedure (CPC) to produce additional documents in a commercial suit.2 MIN READ↗
Karnataka High Court
A mason’s above-knee amputation warrants 100% functional disability when it forecloses his livelihood.
The claimant, a 36-year-old mason, sustained serious injuries in a road accident on 12 February 2018, resulting in amputation of his right leg above the knee and permanent disability to his right arm.2 MIN READ↗
Karnataka High Court
Enforcement of sale-conditioned vacancy under a compromise decree requires examination of evidence of a prospective buyer.
The petitioner, a judgment debtor, challenged an order dated 22 October 2024 of the 74th Additional City Civil and Sessions Judge, Bengaluru, directing issuance of a delivery warrant for vacant possession of the relev...2 MIN READ↗
Karnataka High Court
Unchallenged salary records may establish income in motor accident claims despite non-examination of their author.
The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal in MVC No. 5904/2011.2 MIN READ↗
Karnataka High Court
Each claimant is entitled to separate compensation for loss of consortium.
The deceased, aged 53, died from injuries sustained in a 13 February 2016 collision between his motorcycle and an autorickshaw. His wife and two children brought a claim under Section 166 of the Motor Vehicles Act, 1988.2 MIN READ↗
Karnataka High Court
For injured minors, compensation must use skilled-worker minimum wages, multiplier 18, and applicable future prospects.
The appellant, an eight-year-old boy, was struck by an insured car while playing outside his home on 1 November 2016.2 MIN READ↗
Patna High Court
A co-sharer’s sale of a property share, absent forgery or impersonation, does not constitute a criminal offence.
The informant, the widow of the petitioners’ deceased brother, alleged that the petitioners sold approximately 5 bighas and 7 kathas of ancestral joint-family land without her knowledge or consent and retained the sal...3 MIN READ↗
Delhi High Court
Counsel’s negligence alone is not sufficient cause to set aside an ex parte decree.
The appellants challenged the Trial Court’s order rejecting their application under Order IX Rule 13 CPC to set aside an ex parte judgment and decree.2 MIN READ↗
Delhi High Court
Restoration Requires Sufficient Cause for Both Delay and Nonappearance.
The Appellant challenged a decree dated 22 July 2024 awarding the Respondent Rs. 25,91,892, with costs and interest.2 MIN READ↗
Delhi High Court
A completed receiver-supervised election precludes restoration of the former committee’s management.
The appeal arose from the dismissal of the appellants’ application under Order XL Rules 3 and 4 read with Section 151 CPC, which sought, among other reliefs, to challenge the inclusion of 11 persons in the Sabha’s vot...3 MIN READ↗
Karnataka High Court
Section 19(1) bars the High Court from entertaining this appeal.
The appellants challenged, under Order XLIII Rule 1(r) CPC, the Senior Civil Judge and JMFC, Devanahalli’s order dated 18 October 2022 dismissing their applications for temporary injunction under Order XXXIX Rules 1 a...2 MIN READ↗
Gujarat High Court
A deceased migrant worker’s income may be assessed by adding personal expenditure equal to proven annual remittances.
A motorcycle–car accident on 27 November 1985 caused the death of Narshibhai Patel, aged about 27. The Tribunal found the car driver solely negligent and awarded the claimants Rs. 7,42,000, assessing the deceased’s an...2 MIN READ↗
Gujarat High Court
Allowances form part of salary when calculating a deceased employee’s income for motor accident compensation.
The deceased, aged 34, worked as a driver in the District and Sessions Court and died in a motorcycle–truck accident on 12 November 2008.2 MIN READ↗
Delhi High Court
Prior-user rights prevail over later registration of an identical mark for overlapping goods.
The petitioners sought cancellation under Section 57 of the Trade Marks Act, 1999 of Respondent No. 1’s registration of “KIEHBERG” in Class 13.3 MIN READ↗
Gujarat High Court
Sketchy accident evidence justified equal apportionment of negligence between both drivers.
On 14 December 1997, a car and a truck collided. The car’s owner-driver was seriously injured, and his wife, son, and another occupant, Purshottambhai, died2 MIN READ↗
Karnataka High Court
Contributory negligence cannot be attributed to a motorcycle rider without supporting evidence.
On 27 March 2019, a bus belonging to NWKRTC collided with a motorcycle on the Ranebennur–Guddada Anaveri road. The motorcycle’s rider, Bharmappa, died, and its pillion passenger, Chandrashekharappa, was seriously inju...2 MIN READ↗
Karnataka High Court
Karnataka High Court raises compensation to ₹29.47 lakh for teenager left paralysed in lorry accident
On 5 July 2017, the appellant was injured when a lorry driven by respondent No. 1 struck a parked lorry beside which the appellant was standing.2 MIN READ↗
Karnataka High Court
Grievously injured claimants may receive Section 164 compensation for pre-amendment accidents.
The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded in MVC No. 200/2014.2 MIN READ↗
Karnataka High Court
Negligence was apportioned 80:20 between the truck driver who parked without warning and the motorcycle rider.
On 20 September 2020, Ketan, riding a motorcycle, collided with a truck stationary on the road and died at the scene.2 MIN READ↗
Karnataka High Court
Absence of a driving licence or insurance does not prove contributory negligence.
On 2 September 2023, a bus owned by NWKSRTC collided with a motorcycle ridden by Umesh Jantli.2 MIN READ↗
Karnataka High Court
Lack of valid registration or permit alone does not absolve an insurer of third-party liability.
On 22 May 2014, Akhanbasha was a pillion rider on a motorcycle involved in a head-on collision with another motorcycle.2 MIN READ↗
Karnataka High Court
A sole-tortfeasor motorcycle rider cannot claim compensation under Section 163A.
On 10 February 2020, Manjunath Basappa Buchadi was riding a motorcycle with Somesh Basappa Dhavale as pillion passenger when the motorcycle went off the road; both sustained injuries.2 MIN READ↗
Karnataka High Court
Section 80 CPC notice is unnecessary absent a challenge to an official act.
The plaintiff sued for declaration of title to a building measuring approximately 15 ft. × 50 ft., vacant possession, and mesne profits. He claimed to have purchased the property under a registered sale deed dated 25...2 MIN READ↗
Karnataka High Court
Amputation and associated injuries warranted 80% whole-body disability for future-earnings compensation.
The claimant, then aged 17, sustained multiple injuries, including a right-leg amputation, when a car collided with the scooter he was riding on 20 January 2018.2 MIN READ↗
Karnataka High Court
Consortium compensation must be excluded for a claimant who dies during the proceedings.
On 15 November 2017, Mahantesh, aged about 18, was riding as a pillion passenger on a motorcycle when it collided with a NWKRTC bus; he died at the scene.2 MIN READ↗
Karnataka High Court
Compensation enhanced for prolonged recovery, pain and suffering, and loss of amenities.
On 13 February 2020, the appellants were travelling as passengers in a KSRTC bus when, near Sai Public School, Halageri, the bus allegedly crossed a speed breaker without due care, throwing them from their seats and c...2 MIN READ↗No articles match these filters.