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High Court of Karnataka Dismisses Writ Petitions Challenging Closure Notices Issued by BBMP; Holds Notices are Valid Show-Cause Notices and Premature to Intervene. The Court Found That the Freedom of Trade is Subject to Reasonable Restrictions and That the Imposition of Regulatory Measures for Noise Pollution Control is Within the Ambit of Article 19(1)(g) of the Constitution....

The case involved two writ petitions filed by AA Hospitality LLP (The Open Box) and Azure Hospitality Pvt. Ltd. before the High Court of Karnataka challenging a notice dated 26.12.2017 issued by the J...

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High Court of Karnataka Delivers Judgment on Batch of Writ Petitions Concerning Input Tax Credit Under KVAT Act. Interpretation of Section 10(3) of the Karnataka Value Added Tax Act, 2003 and Availment of Input Tax Credit Irrespective of Invoice Month Framed the Core Issue....

A batch of writ petitions came before the High Court of Karnataka under Article 226 of the Constitution of India, filed by various companies including Kirloskar Electric Co. Ltd., Micromatic Grinding ...

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High Court of Karnataka Allows Writ Petition in Lokayukta Complaint Case — Section 8(1) of Karnataka Lokayukta Act, 1984 Does Not Apply to Allegations. The court held that the Lokayukta's power under Section 8(1) is limited to grievances, not allegations, and quashed the Tribunal's order rejecting the petitioner's application....

The petitioner, T.N. Raviprakash, a Second Division Surveyor with the Bangalore Development Authority, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an orde...

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High Court of Karnataka Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Erroneous Income Calculation. Tribunal's Award Modified as Notional Income of Deceased Reduced from Rs. 6,000 to Rs. 4,500 Per Month Under Motor Vehicles Act, 1988....

The appeal was filed by the National Insurance Co. Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, challenging the quantum of compensation awarded by the Senior Civil Judge & MACT, Tarikere...

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High Court of Karnataka Considers Lapse of Land Acquisition Under Karnataka Industrial Areas Development Act. Petitioners Claimed Acquisition Lapsed Due to Non-Payment of Compensation and Non-Passing of Award Under Section 24(2) of 2013 Act and Section 11A of 1894 Act....

The matter involved a writ petition under Articles 226 and 227 of the Constitution of India filed by landowners whose agricultural lands in Mahajenahalli Village, Harihara Taluk, Davanagere District w...

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High Court of Karnataka Dismisses Revenue's Writ Against ITAT Stay Order in Transfer Pricing Case — No Jurisdictional Error Found in Grant of Interim Stay. The Court held that the ITAT's discretion to grant stay based on prima facie case and balance of convenience cannot be interfered with under Articles 226/227 of the Constitution of India unless there is jurisdictional error or perversity....

The Assistant Commissioner of Income Tax, Circle-2(1)(2), Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an interim stay order dated 10-03-2017 pa...

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  • 107
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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Female Baby — No Illegal Detention Established. Court holds that habeas corpus is not maintainable when the alleged detenu is not in custody of respondents and the petitioner fails to prove illegal detention....

The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before the Karnataka High Court, Dharwad Bench, seeking ...

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  • 107
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High Court of Karnataka Dharwad Bench Hears Miscellaneous First Appeals Filed by Acquiring Authority Against Enhanced Compensation Awarded by Reference Court in Land Acquisition Cases — Appeals Filed Under Section 54(1) of Land Acquisition Act, 1894...

These miscellaneous first appeals were filed by the Karnataka Industrial Areas Development Board (KIADB) under Section 54(1) of the Land Acquisition Act, 1894, before the High Court of Karnataka, Dhar...

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High Court Dismisses Writ Petition for Refund of Excise Licence Fees Due to Delay and Laches. Claim for refund of Rs.2.86 Crores paid under Karnataka Excise (Rectified Spirits) Rules, 1967 for period 1997-98 to 2002-03 rejected as barred by delay and laches....

The petitioner, M/s. Kap Chem Limited, filed a writ petition under Article 226 of the Constitution of India seeking refund of Rs.2.86 Crores paid as licence fees under the Karnataka Excise (Rectified ...

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High Court of Karnataka Dismisses Writ Petition by Chinese Company Challenging DRAT Order in Debt Recovery Matter — Maintainability of Writ Against Interlocutory Orders Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The court held that a writ petition under Articles 226 and 227 of the Constitution is not maintainable against an interlocutory order passed by the DRAT in a pending appeal, as the petitioner has an alternative remedy of statutory appeal under Section 20 of the RDB Act....

The petitioner, Sepco Electric Power Construction Corporation, a Chinese company, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 3.11.2017 pas...

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