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High Court of Karnataka Allows Appeal by Owner in Motor Accident Claim — Owner Not Liable as Vehicle Was Stolen at Time of Accident. Owner's Failure to Produce Insurance Policy Does Not Shift Liability When Vehicle Was Not in His Possession and No Privity of Contract Exists....

The appellant, H.S. Anantha, was the owner of a motorcycle bearing registration No. KA 3 L 1721. He was the first respondent in MVC No. 328/2011 before the Motor Accidents Claims Tribunal (MACT) at Ch...

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High Court of Karnataka Dismisses Appeal for Condonation of Delay in Motor Vehicle Accident Claim — Inordinate Delay of 628 Days Not Properly Explained. Claimant Failed to Provide Sufficient Cause for Delay in Filing Appeal Against Dismissal of Claim Petition for Son's Death....

The appellant, Kanthamma A.C., filed a claim petition under the Motor Vehicles Act seeking compensation for the death of her son Harsha in a road traffic accident on 25.12.2008. The Motor Accidents Cl...

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High Court of Karnataka Allows Appeal in KVAT Act Classification Dispute — Authority for Clarification & Advance Rulings Not Properly Constituted Under Section 60. Product 'Yakult' Held Entitled to Benefit of Entry 19 of First Schedule as Milk Product, Taxable at 4% Not 14%....

The appellant, Yakult Danone India Pvt Ltd, is the manufacturer of a product called 'Yakult', which it claimed is akin to 'lassi' and thus a milk product entitled to the benefit of Entry 19 of the Fir...

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Karnataka High Court Considers Challenge to Levy of VAT on Liquor by Certain Licensees; Alleged Discrimination Between Different Categories of Excise Licence Holders. Petitioners Contend That Notification Exempting Some Dealers While Taxing Others Violates Articles 14, 19, and 304B of the Constitution....

The writ petitions were filed by various licensees under the Karnataka Excise Act, 1967, challenging the constitutional validity of Entry No.59A of the Third Schedule to the Karnataka Value Added Tax ...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property....

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession of joint family properties. The plaintiffs claime...

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Karnataka High Court Upholds Compensation Determination Under Indian Telegraph Act for Land Diminution Due to Transmission Tower Erection. District Court's Award of Compensation for Diminution in Land Value Upheld in Revision Petitions Under Section 115 of CPC....

The matter arose from a batch of miscellaneous petitions filed by landowners under Section 16(3) of the Indian Telegraph Act, 1885, seeking compensation from the Power Grid Corporation of India Ltd. f...

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High Court of Karnataka Dismisses Writ Petition Challenging Tender Notification for Food Supply to Hostels. Tender notification held not contrary to Rule 17(1)(b) of Karnataka Transparency in Public Procurements Rules, 2000 as it was issued by the Deputy Commissioner, not the Director....

The petitioner, Roshan Kirana Merchant, a proprietorship concern represented by Md. Nizamuddin Mulla, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Cour...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and Inadequate Verification of In-Camera Statements. Preventive Detention Invalid as Detaining Authority Did Not Consider Bail Orders and In-Camera Statements Were Not Properly Verified Under Section 3 of MPDA Act, 1981....

The petitioner, Abhishek Pradip Tarkase, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 ...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife by Burning — Dying Declaration and Child Witness Credible. The court held that the dying declaration recorded by the Executive Magistrate was voluntary and reliable, and the testimony of the minor son was natural and trustworthy, confirming the guilt under Section 302 IPC....

The appellant, Gangesh Dnyanoba Dagade, was convicted under Section 302 IPC for the murder of his wife, Chhababai, by pouring kerosene and setting her on fire. The incident occurred on 6 April 2006 wh...