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Bombay High Court Dismisses Revenue's Challenge to AAR Order on Capital Gains Tax Exemption for Non-Resident Share Transfer. Transfer of shares by non-resident to another non-resident outside India does not attract capital gains tax under Section 9(1)(i) of Income Tax Act, 1961 as the shares are not situated in India....

The Commissioner of Income Tax, Goa, filed a writ petition challenging two orders dated 12.03.2010 and 15.06.2010 passed by the Additional Commissioner of Income Tax (AAR) in respect of M/s Umicore Fi...

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Bombay High Court Allows Landlords' Petition in Rent Control Case — Reverses Appellate Order Dismissing Eviction Suit. Landlords' Bonafide Need for Demolition and Reconstruction Established Under Section 13(1)(hhh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioners, who are the landlords of the suit premises, filed a writ petition challenging the judgment and order of the District Judge, Solapur, which reversed the decree of eviction passed by th...

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High Court of Karnataka Quashes Upa-Lokayukta Recommendation in Disciplinary Matter — Procedural Fairness Required When Disagreeing with Inquiry Officer. Upa-lokayukta cannot disagree with inquiry officer's findings without providing opportunity of hearing; disciplinary authority must follow natural justice before differing from inquiry officer or Upa-lokayukta....

The petitioner, Sri Shankarappa, an employee of Karnataka Power Transmission Corporation Limited (KPTCL), challenged the recommendation dated 16.01.2015 made by the Upa-lokayukta under Regulation 14(A...

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High Court of Karnataka Dismisses Appeals of Employees and Club in Industrial Dispute Over Termination and Reinstatement — Upholds Labour Court's Award of Reinstatement with Backwages for Employees Terminated Without Compliance of Section 25F of Industrial Disputes Act, 1947....

The case involves a batch of writ appeals filed by employees of M/s. Bangalore Turf Club Ltd. and the Club itself, arising from an industrial dispute regarding the termination of services of the emplo...

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High Court of Karnataka Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Suit for possession and mesne profits decreed based on registered gift deed and lease surrender, upheld by two lower courts....

The appellant-defendant challenged the concurrent judgments and decrees of the trial court and the first appellate court in a suit for possession and mesne profits. The plaintiffs-respondents claimed ...

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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession....

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Paulad) for partition and separate possession of lan...

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High Court of Karnataka Allows Writ Petition of Widowed Senior Citizen Seeking Restoration of Possession of House Forcibly Taken by Money-Lender. Court Directs Police to Restore Possession Within Four Weeks, Holding Police Have Duty to Act Against Forcible Dispossession....

The petitioner, Smt. Pachamma, a 68-year-old widowed senior citizen belonging to the Scheduled Caste, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction ...

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Karnataka High Court Allows Appeal in VAT Classification Dispute — Vegetable Fat Spread Held to Fall Under Entry 31 of Third Schedule to KVAT Act, 2003 as Edible Oil. Product 'Vegetable Fat Spread' is not an unscheduled commodity but is covered by Entry 31 of the Third Schedule to the Karnataka Value Added Tax Act, 2003....

The appellant, M/s. 3F Industries Ltd., manufactures and markets a product called 'vegetable fat spread'. The Commissioner of Commercial Taxes issued a circular on 31.1.2015 clarifying that a similar ...

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High Court of Karnataka Allows Plaintiff to File Written Statement to Counterclaim in Recovery Suit — Sets Aside Trial Court Order Dismissing IA No.7 as Not Maintainable. Section 151 CPC Inherent Power Can Be Invoked to Permit Filing of Written Statement to Counterclaim When No Specific Provision Bars It....

The petitioner, Sri Dora Babu, was the plaintiff in O.S.No.4663/2010 pending before the XVII Additional City Civil & Sessions Judge, Bangalore. The suit was filed for recovery of Rs.1,94,626/- with in...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee....

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Peugeot Ltd. (PPL). The suit sought recovery of amou...