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High Court Allows Writ Appeals Against Reassessment Notice Under KVAT Act Due to Lack of Jurisdiction — Notice Issued Beyond Limitation Period Under Section 52(1) of Karnataka Value Added Tax Act, 2003....

The appellant, M/s Paharpur Cooling Towers Ltd., engaged in construction, supply, erection and commissioning of cooling towers, was issued a notice under Section 52(1) of the Karnataka Value Added Tax...

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High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Suit for partition and separate possession of joint family properties held not barred by limitation as possession of co-owner is possession on behalf of all co-owners under Hindu law....

This is a first defendant's appeal against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 on the file of the Presiding Officer, Fast Track Court, KGF, dismissing the appeal and co...

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Karnataka High Court Dismisses Petitions Challenging Pollution Control Board's Consent Order for Home Products Industry — Conditions Imposed by Board Held Reasonable and Not Arbitrary....

The petitioners, residents of Hiriyur Town, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the consent order dated 18.03.2015 issued by the Karnataka State Po...

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High Court of Karnataka Allows Writ Appeals Against Reassessment Notice Under KVAT Act — Notice Issued Beyond Limitation Period Quashed. Reassessment notice under Section 52(1) of Karnataka Value Added Tax Act, 2003 for tax periods 2007-2008 and 2008-2009 issued on 09.01.2015 held barred by limitation as four-year period from end of tax period had expired....

The appellant, M/s Paharpur Cooling Towers Ltd., is engaged in the business of construction, supply, erection and commissioning of cooling towers for power plants, steel plants, etc. For the tax perio...

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High Court of Karnataka Allows Writ Appeals Against Assessment Order for Violation of Natural Justice - Opportunity of Personal Hearing Held Insufficient. The court set aside the assessment order under the Karnataka Value Added Tax Act, 2003 and remanded the matter for fresh hearing due to denial of proper opportunity....

The case involves appeals by ABB India Ltd. against an assessment order under the Karnataka Value Added Tax Act, 2003 for the assessment year 2013-14. The appellant filed objections to a show cause no...

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High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree....

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 by the Presiding Officer, ...

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Bombay High Court Upholds Caste Scrutiny Committee's Power to Invalidate Tribe Certificates Based on Vigilance Cell Reports — Affirms Requirement of Affinity Test for Scheduled Tribe Claims. The court held that the burden of proof lies on the claimant to establish tribe status and that the committee's decision is subject to limited judicial review....

The Bombay High Court at Nagpur disposed of a batch of writ petitions challenging the decisions of the Scheduled Tribe Caste Certificate Scrutiny Committee invalidating the tribe certificates of the p...

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Bombay High Court Allows Decree-Holder's Revision in Eviction Suit — Licensee Bank Must Pay Mesne Profits at Market Rate. Court holds that mesne profits must be determined based on market rent prevailing at the time of determination, not the contractual license fee, and that the trial court's order directing payment at Rs.5.25 per sq.ft. per month was erroneous....

The dispute arose from a commercial property consisting of three shops in Mumbai. The plaintiff, Mridangraj Hiralal Suchak, was a tenant and had inducted the defendant, Bank of Baroda, as a licensee i...