Karnataka High Court
LEGAL SUBJECT
Civil Procedure and Evidence
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Karnataka High Court
Article 227 interference with arbitral procedural orders is confined to exceptional cases.
The claimant challenged the Arbitral Tribunal’s order rejecting its application under Section 19 of the Arbitration and Conciliation Act, 1996, to summon 11 persons as witnesses in the arbitration.2 MIN READ↗
Karnataka High Court
The Karnataka CPC amendment does not absolutely bar late written statements in exceptional cases.
Respondents 1–5 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of Laxman Pawar.2 MIN READ↗
Karnataka High Court
Inordinate appellate delay cannot be condoned without sufficient cause.
The husband’s petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955, was dismissed by the Senior Civil Judge and JMFC, Chittapur, on 27 November 2020.1 MIN READ↗
Karnataka High Court
Temporary injunction requires prima facie proof of possession and identifiable property boundaries.
The petitioner-plaintiff filed O.S. No. 122 of 2021 seeking a permanent injunction against the respondents-defendants in respect of agricultural property and applied for a temporary injunction under Order XXXIX Rules...2 MIN READ↗
Karnataka High Court
An intra-court appellate bench should not disturb findings absent perversity.
A.V. Kulkarni, a bank officer, was compulsorily retired and directed to pay a recovery following disciplinary proceedings concerning alleged misconduct connected with fraud and misappropriation by a subordinate at his...2 MIN READ↗
Karnataka High Court
Contempt proceedings do not survive after compliance with court directions and an unconditional apology.
In W.P. No. 200021/2026, the High Court directed the Special Land Acquisition Officer (SLAO) to consider the complainants’ applications under Section 28-A of the Land Acquisition Act, 1894, and pass appropriate orders...2 MIN READ↗
Karnataka High Court
A purchaser seeking declaration of title must establish the vendor’s title to the property.
The plaintiff sought a declaration of title and perpetual injunction over a property allegedly purchased from Yamanayya under a registered sale deed dated 2 September 2004.3 MIN READ↗
Karnataka High Court
Claims challenging family-property transfers were time-barred when brought more than three years after majority.
The plaintiffs and Defendants 1–5 claimed descent from Lalsab, who had two wives.2 MIN READ↗
Karnataka High Court
Administrative delay in obtaining legal opinion does not constitute sufficient cause to condone inordinate delay.
The respondents challenged an order dated 5 December 2014 refixing their pay scales.2 MIN READ↗
Karnataka High Court
Administrative changes do not justify condoning an institution’s unexplained delay in filing an appeal.
Respondent No. 5, a lecturer and professor at the appellants’ dental college, obtained an order directing the appellants to pay him salary under the Karnataka Government pay scale from his appointment until superannua...2 MIN READ↗
Karnataka High Court
A child’s welfare, not the mother’s income, governs custody decisions.
The husband petitioned under Section 10 of the Guardians and Wards Act, 1890, seeking custody of the parties’ minor son, born on 21 October 2015.2 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↗
Karnataka High Court
Similarly situated claimants are entitled to 9% interest on delayed payments despite approaching the court later.
The petitioners, rice-mill owners, had agreements with respondent No. 4 for transportation of paddy and rice.2 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↗
Gujarat High Court
Payment of municipal taxes over monthly rent does not shift a tenancy from Section 12(3)(a) to Section 12(3)(b).
The petitioner, a legal heir of the original tenant, challenged concurrent eviction decrees for non-payment of rent.3 MIN READ↗
Gujarat High Court
APMC voter eligibility requires active agricultural-credit disbursement; recovery of past dues alone is insufficient.
The petitioner societies sought inclusion of their managing-committee members in the agriculturists’ constituency voters’ list for the APMC, Bhabhar elections. Their names were initially included in the preliminary li...2 MIN READ↗
Odisha High Court
Exceptional circumstances justify time-bound directions for expeditious disposal of pending suits.
The petitioner-plaintiff brought Civil Suit No. 596 of 2006 seeking, among other reliefs, a declaration that a sale deed was void, correction of the Record of Rights and permanent injunction.2 MIN READ↗
Karnataka High Court
Export incentives directly linked to export activity form part of operating income for transfer-pricing purposes.
The assessee, which grew, processed and exported gherkins to its Associated Enterprise, challenged the transfer-pricing determination for assessment year 2014–15.2 MIN READ↗
Karnataka High Court
Connected gratuity writ petitions were disposed of in terms of the parties’ voluntary compromise.
The three connected writ petitions challenged orders made by the appellate and controlling authorities under the Payment of Gratuity Act, 1972.2 MIN READ↗
Karnataka High Court
Routine governmental approvals and file movement do not constitute sufficient cause to condone delay.
The Government of Karnataka, which had been the third respondent in W.P. No. 27186/2017, sought review of the order disposing of that petition on 19 September 2023.2 MIN READ↗
Karnataka High Court
Decades-long delay and laches must be considered before ordering resumption under the PTCL Act.
The subject land was granted to the original grantee in 1956 and sold under a registered sale deed in 1971.2 MIN READ↗
Karnataka High Court
Cheating and forgery charges fail absent allegations linking the accused to inducement, fabrication, or knowing use of forged documents.
The complainant paid ₹1 lakh as an advance to book a site in the petitioners’ layout.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 limited remand does not permit reopening evidence beyond the appellate court’s directions.
The petitioner, Plaintiff No. 1 in O.S. No. 48/2010, challenged the Trial Court’s order dismissing three applications: to reopen the case and adduce further evidence under Section 151 CPC; to recall P.W.1 under Order...2 MIN READ↗
Karnataka High Court
Connected gratuity writ petitions were disposed of in terms of the parties’ voluntary compromise.
The three connected writ petitions challenged orders made by the appellate and controlling authorities under the Payment of Gratuity Act, 1972.2 MIN READ↗
Karnataka High Court
Functionally dissimilar companies cannot serve as comparables for software development service providers.
The Revenue appealed under Section 260A of the Income-tax Act, 1961, against the Income Tax Appellate Tribunal’s order for assessment year 2014–152 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
A claimant cannot pursue an enhancement appeal after recording full satisfaction of the award.
Land belonging to respondent No. 1 was acquired for the appellant institute. After receiving compensation, she sought a reference; the Reference Court enhanced compensation by an award dated 1 August 2022.2 MIN READ↗
Karnataka High Court
Unproven allegations and ordinary matrimonial discord do not constitute mental cruelty warranting divorce.
The parties married on 9 April 2017 and lived together for short periods; the husband alleged that the wife left the matrimonial home, mistreated his parents, threatened suicide, and engaged in other conduct amounting...2 MIN READ↗No articles match these filters.