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High Court of Karnataka Quashes Show Cause Notice in Customs Duty Exemption Case — Petitioner Entitled to Concessional Rate for Gold Dore Bars Imported for Refining. Proper Officer's Acceptance of Self-Declaration Precludes Reopening of Assessment Without Fresh Material Under Notification No.12/2012-Customs....

The petitioner, M/s Rajesh Exports Limited, an importer, manufacturer, and exporter of gold jewellery, imported gold dore bars containing impurities from M/s Perth Mint, Australia. The import was made...

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Bombay High Court Allows Employer's Appeal in Part, Upholds Reinstatement but Reduces Back Wages to 25% in School Tribunal Termination Case. Employee's Cross-Appeal for Full Back Wages Dismissed as Termination Found Justified on Merits but Procedural Defect in Enquiry....

The case involves two Letters Patent Appeals arising from a dispute between an employer trust and an employee regarding termination of service. The employee was appointed as Headmaster on 9.7.1983 and...

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Bombay High Court Dismisses Petition Challenging Rejection of Additional Documents in Civil Suit — Belated Filing to Fill Lacuna Not Permitted. Trial court's discretion to reject application for producing resolution and letter of authority during cross-examination upheld as no justifiable cause shown....

The petitioners, M/s. BGC International Pvt. Ltd. and Mr. Balaji Pothraj, were defendants in Special Civil Suit No. 22/2007/A filed by the respondents (M/s. Shree Mallikarjun Shipping and Carmona Agen...

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Bombay High Court Allows Production of Additional Documents in Civil Suit — Emphasizes Liberal Approach Under CPC Order 13 Rule 1. The Court held that mere delay or suspicion of afterthought is not sufficient to reject documents if no prejudice is caused and cross-examination is ongoing....

The petitioners, defendants in a civil suit for refund of advance of Rs.30 lakhs, filed an application during cross-examination of their witness (DW.1) to produce additional documents, including a boa...

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Bombay High Court Upholds Conviction of Husband for Cruelty Under Section 498A IPC in Dowry Harassment Case. Persistent demands for money and mental harassment of deceased wife constitute cruelty under Section 498A IPC, even though charge of abetment of suicide under Section 306 IPC failed....

The appellant, Prakash D. Kate, was convicted by the Additional Sessions Judge, Sangli, for an offence punishable under Section 498A of the Indian Penal Code (IPC) for subjecting his wife, Nayana, to ...

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Bombay High Court Acquits Husband in Dowry Harassment Case Due to Lack of Corroboration and Inconsistent Evidence. Conviction under Section 498A IPC Set Aside as Allegations of Cruelty Were Vague and Unsubstantiated....

The appellant, Prakash D. Kate, was convicted under Section 498A of the Indian Penal Code (IPC) for subjecting his wife, Nayana, to cruelty, which allegedly drove her to commit suicide by drowning in ...

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High Court of Judicature at Bombay Bench at Aurangabad Formulates Substantial Questions of Law in Second Appeal on Validity of Adoption and Declaratory Relief. Adoption Claim by Plaintiff Upheld by First Appellate Court Despite Trial Rejection; High Court Examines Whether First Appellate Court Erred in Ignoring Material Evidence....

The dispute involved a claim of adoption and title over agricultural lands and a house property in village Ghargaon. Plaintiff Chandrabhan claimed to have been adopted by his uncle Baliram in 1950, wh...

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High Court of Karnataka Dismisses Petition for DNA Test in Paternity Dispute — Husband Denies Paternity of Child Born During Separation. Presumption of Legitimacy Under Section 112 of Indian Evidence Act Applies Unless Non-Access is Proved....

The petitioner, husband, filed a writ petition challenging the order of the Family Court, Belgaum, dated 21.11.2015, which rejected his application (IA No.10) under Order 26 Rule 10(A) read with Secti...

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High Court of Karnataka Allows Appeal in Co-operative Society Service Dispute — Directs Payment of Back Wages from Dismissal to Reinstatement. The Single Judge's direction to pay arrears of salary from 14.5.1990 till reinstatement on 26.10.1993 and to ignore delay in challenging dismissal was set aside as the dismissal order was not challenged for many years....

The appellant, Kammasandra Milk Producers Co-operative Society Ltd., filed a writ appeal against the judgment and order dated 31.01.2012 passed by the Single Judge in W.P.No.7212/2007. The respondent ...