Karnataka High Court Weekly Roundup: May 13 - May 19, 2024

Citations: 2024 LiveLaw (Kar) 218 To 2024 LiveLaw (Kar) 224Nominal Index: Kalpatharu Breweries And Distilleries Pvt Ltd AND State of Karnataka. 2024 LiveLaw (Kar) 218Kumarvel Janakiram AND National Insurance Company LTD & Others. 2024 LiveLaw (Kar) 219Nagendra & Others AND Chandrakant Jain & ANR. 2024 LiveLaw (Kar) 220ABC AND XYZ. 2024 LiveLaw (Kar) 221The Branch Manager AND Sarojamma & ANR. 2024 LiveLaw (Kar) 222Sayes Khalil Ulla Hussaini AND Chief Election Commission of India & Others. 2024 LiveLaw (Kar) 223.Samiulla Saheb & ANR AND Mohammed Sameer. 2024 LiveLaw (Kar) 224Judgments/OrdersKarnataka HC Quashes FIR Against Liquor Company Accused Of Parking Trucks Loaded With Liquor Bottles In Its Premises During Operation Of Model Code Of Conduct Case Title: Kalpatharu Breweries And Distilleries Pvt Ltd AND State of KarnatakaCase No: WRIT PETITION NO. 12274 OF 2024Citation No: 2024 LiveLaw (Kar) 218The Karnataka High Court has quashed a criminal case registered under the Karnataka Excise Act against Kalpatharu Breweries and Distilleries Pvt Ltd who allegedly during the Lok Sabha Election 2024, when the Election Code of Conduct was in force, parked trucks loaded with liquor in the company premises.A single judge bench of Justice M G Uma allowed the petition and said “Even if the first information is accepted as it is in the light of the invoice and the permit produced by the petitioner, no offence either under Section 32 or under Section 34 of the Karnataka Excise Act, 1965 is made out.”Claimant Can't Seek Compensation From Offending Vehicle's Insurer If Already Received From Own Insurance Company: Karnataka High Court Case Title: Kumarvel Janakiram AND National Insurance Company LTD & OthersCase No: MISCELLANEOUS FIRST APPEAL NO.5788 OF 2013Citation No: 2024 LiveLaw (Kar) 219The Karnataka High Court has reiterated that if the claimant has received the amount in full and final settlement of his claim from the insurance company of his vehicle, he cannot claim further payment towards repair of his vehicle from the Insurance Company of the offending vehicle.A single judge bench of Justice Jyoti Mulimani made the observation while dismissing the petition filed by one Kumarvel Janakiram. It said, “Admittedly, damaged vehicle was insured with the Royal Sundaram Alliance Insurance Company and the claimant has received the full and final settlement of his claim without any reservation or demur. In the absence of any material to show that the claim paid by his Insurance Company represented a part only of the total damage, the Tribunal is justified in rejecting the claim for any further payment.”Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed Case Title: Nagendra & Others AND Chandrakant Jain & ANRCase No: REGULAR FIRST APPEAL NO.100383 OF 2017Citation No: 2024 LiveLaw (Kar) 220The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property.A division bench of Justice E S Indiresh and Justice Ramachandra D Huddar dismissed the appeal filed by Nagendra and others and said, “If at all the defendants are of the view that, they have availed loan from the plaintiffs and have not entered into sale agreement and if such being the case, there was no impediment for the defendants to execute the mortgage deed instead of executing a sale agreement and therefore, the finding recorded by the trial Court is just and proper.”Wife's Appeal Challenging Divorce Decree Does Not Stand Abated On Husband's Death: Karnataka High Court Case Title: ABC AND XYZCase No: MISCELLANEOUS FIRST APPEAL NO.4677 OF 2016Citation No: 2024 LiveLaw (Kar) 221The Karnataka High Court recently held that an appeal filed by a wife challenging the divorce decree granted in favour of the husband by the family court does not stand abated on the husband dying pending hearing of appeal.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed by a woman and set aside order of the family court granting divorce on grounds of cruelty on the petition filed by the husband.Karnataka High Court Declines Insurance Company's Plea Alleging Claimant Committed Fraud In Connivance With Insured Lawyer To Secure Compensation Case Title: The Branch Manager AND Sarojamma & ANRCase No: MFA NO. 7795 OF 2013Citation No: 2024 LiveLaw (Kar) 222The Karnataka High Court has dismissed an appeal filed by an insurance company challenging an order passed by the Motor Accidents Claim Tribunal claiming that fraud was played by the claimant for the sake of compensation by claiming that advocate Rajappa K S, riding the motorcycle, had knocked her down causing injuries.A Single Bench of Justice T G Shivashakare...

Karnataka High Court Weekly Roundup: May 13 - May 19, 2024

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