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Karnataka High Court Division Bench Hears Revenue’s Appeals Against Single Judge’s Order Quashing Section 153C Notices; Weighs Maintainability of Writ Petitions and Natural Justice Concerns....

The present judgment arises from a batch of writ appeals filed by the Revenue against a common order dated 12.08.2022 passed by a Single Judge of the High Court of Karnataka. The Single Judge had allo...

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High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt....

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengaluru City, whereby the trial court decreed the suit...

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High Court of Karnataka Dismisses Guarantor's Challenge to Sale Certificate and DRT Order Due to Inordinate Delay. Petitioner, a guarantor, challenged the sale of secured assets under SARFAESI Act after nine years, but the court held the petition barred by laches and upheld the DRT's dismissal of the application under Section 17 of the SARFAESI Act, 2002....

The petitioner, Sri Anil H. Lad, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging a sale certificate dated 16 ...

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Karnataka High Court Pronounces Order in Writ Petitions Challenging Premature Transfers of Commercial Tax Officers Under Transfer Guidelines 2013. Transfer Orders Allegedly Violated Minimum Tenure Rule and Requirement of Prior Approval of Chief Minister....

The Karnataka High Court heard a batch of five writ petitions filed by commercial tax officers (Deputy Commissioners and Assistant Commissioners of Commercial Taxes) who challenged premature transfer ...

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Bombay High Court Dismisses Borrowers' Writ Petition in Cooperative Society Recovery Case Due to Lack of Bona Fides. Petitioners Failed to Repay Loan or Deposit Amount Under One Time Settlement Despite Recovery Certificate Under Section 101 of Maharashtra Cooperative Societies Act, 1960....

The petitioners, Pravin Laxmanrao Chakole and Dipali Pravin Chakole, were borrowers and members of the New Subhedar Nagari Sahakari Pat Sanstha Ltd., a credit cooperative society registered under the ...

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Bombay High Court Acquits Accused in POCSO Case Due to Material Inconsistencies and Lack of Corroboration. Conviction under Section 376(2)(m) IPC and Section 6 read with 5 of POCSO Act set aside as medical evidence contradicted prosecution story and testimony of victim and mother had contradictions....

The appellant, Rajesh S/o Rajan Nair, was convicted by the Additional Sessions Judge, Shahada, for offences under Section 376(2)(m) of the Indian Penal Code (IPC) and Section 6 read with 5 of the Prot...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole interested witness's testimony was not corroborated and recovery of tainted money was not proved beyond reasonable doubt....

The appellant, Ramesh Tukaram Waghmare, was a District Social Welfare Officer at Zilla Parishad, Wardha, and was the sanctioning authority for grant-in-aid to a backward class boys hostel. The complai...

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Bombay High Court Dismisses Petitioner's Challenge to Anti-Dumping Duty Notifications as Belated and Misconceived. Refund Claim for Rs. 9.24 Crore Rejected Due to Delay and Laches, as Petition Filed After Six Years from Imposition of Duty....

The petitioner, Sansar Texturisers Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging two notifications dated 13 January 2012 and 19 January 2017 issued by the...

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Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest....

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 20 February 2019 passed by the Deputy Commissioner ...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Ambadas Devram Chavan, was convicted by the Special Judge (Anti-Corruption), Pune for offences under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, ...