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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Vehicle Accident Case — Apportionment of Liability Between Two Vehicles Upheld. The court held that the compensation awarded by the Tribunal was inadequate and enhanced it, considering the injuries and medical expenses, while upholding the finding of contributory negligence....

The case arises from a motor vehicle accident that occurred on 15.02.2008 involving two vehicles: a car driven by respondent No.1 and a lorry driven by respondent No.3. The appellant, Hanumanthappa, s...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty....

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order of the Income Tax Appellate Tribunal (ITAT), Bangal...

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High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Rejected for Lack of Authorization and Proper Court Fee. The court held that the suit filed by a trust through its working chairman was not maintainable as the plaint was not signed and verified by a duly authorized person, and the court fee paid was insufficient....

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.10.2014 passed by the V Ad...

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High Court of Karnataka Enhances Compensation for Motor Accident Victim in Hit-and-Run Case Involving Multiple Vehicles and Insurers. The court held that the liability of insurers of negligent drivers is joint and several, and the claimant can recover the entire compensation from any one insurer under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a motor vehicle accident that occurred on 20th April 2008 at about 8:30 p.m. near Yeshwanthpur Toll Gate, Bangalore. The claimant, Sri Hanumanthappa, was walking on the road when ...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred....

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 03-07-2009, f...

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Bombay High Court Dismisses Challenge to Revisional Order Directing Trial Court to Issue Witness Summons — Objection as to Maintainability of Revision Without Leave Not Raised Before Lower Court Cannot Be Raised for First Time in Appeal Unless Miscarriage of Justice Shown...

The applicant, Sunil Chanchlani, challenged an order dated 10th March 2014 passed by the Additional Sessions Judge, Nagpur in Criminal Revision No.464/2012. The revisional court had directed the trial...

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Bombay High Court Allows Promotion Claim of Peon to L.D.C. cum Librarian in Aided School — Circular and Education Rules Mandate Promotion from Grade D Employees. The court quashed direct appointment of an outsider and directed consideration of the petitioner's promotion under Circular dated 15/06/1987 read with Rule 79 of Goa School Education Rules, 1986....

The petitioner, Shri Krishna B. Naik, was appointed as a Peon (Grade D employee) in Smt. Chandrabhaga Tukoba Naik High School, Curchorem, Goa, on 19/09/1988. He passed his SSC examination in October 1...

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Bombay High Court Quashes City Civil Court Order Directing Suit to Proceed Without Written Statement in Summary Suit — Conditional Leave Granted Under Order XXXVII CPC Cannot Be Ignored. Non-compliance with Deposit Condition Does Not Revive the Stage of No Written Statement; Proper Remedy Is to Seek Revocation of Leave....

The petitioner, K R Patel HUF, filed a summary suit under Order XXXVII CPC against the respondents, M/s M M Developers and its partners, in the City Civil Court, Greater Mumbai. The respondents were g...