Karnataka High Court

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High Court of Karnataka Dismisses Insurer's Appeal in Workmen Compensation Case — Upholds Award of Rs. 1,31,241/- with 12% Interest for Injuries Sustained by Coolie in Tractor Accident. Employer-Employee Relationship Established Despite Absence of Written Contract, and Commissioner's Findings on Wages and Disability Upheld....

The appellant, Oriental Insurance Co. Ltd., challenged the judgment and award dated 30.09.2008 passed by the Labour Officer and Commissioner for Workmen's Compensation, Bagalkot, in WCA.NF.No.284/2007...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimant failed to establish monthly income of Rs.6,000/-; notional income of Rs.4,500/- applied under Motor Vehicles Act, 1988....

The National Insurance Company Limited appealed against the judgment and award dated 22-12-2008 passed by the Motor Accident Claims Tribunal, Bangalore, in MVC No.5189/2005, which awarded Rs.1,76,200/...

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High Court of Karnataka Allows Refund of Cess Paid Along with Lifetime Tax on Scrapped Vehicle — Cess Refundable Under Section 7(2) of Karnataka Motor Vehicles Taxation Act, 1957 When Registration Cancelled Due to Accident. The court held that cess is part of tax and refundable proportionately upon cancellation of registration due to scrapping....

The appellant, Synergy Universal Pvt. Ltd., owned an Audi Q5 car registered as KA 05 MP 5006 on March 28, 2014. At the time of registration, the appellant paid Rs.9,31,501/- towards lifetime tax and R...

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High Court of Karnataka Quashes Excise Demand for Short Lifting of Liquor — Rule 14(2) of Karnataka Excise (Sale of Indian & Foreign Liquor) Rules, 1968 Not Applicable to CL-9 Licensees. Demand notice of Rs.7,73,010/- set aside as Rule 14(2) applies only to licensees with minimum guarantee quantity, not to CL-9 licensees....

The petitioner, Lakshmi Bar and Restaurant, a CL-9 licensee under the Karnataka Excise (Sale of Indian & Foreign Liquor) Rules, 1968, was aggrieved by a demand notice dated 16.8.2016 issued by the Dep...

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High Court of Karnataka Allows Minor Daughter's Partition Suit Against Parents, Holding That a Daughter Is Entitled to a Share in Joint Family Property Under Hindu Succession Act, 1956. The court set aside the trial court's dismissal and decreed the suit, granting the plaintiff a 1/3rd share in the joint family properties....

The appellant, Kumari Lata, a minor daughter represented by her maternal uncle, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against th...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Courts Below Upheld. Suit for Declaration of Title and Injunction Based on Adverse Possession Fails as Plaintiff Failed to Prove Hostile Possession for Statutory Period....

The case pertains to a second appeal filed by the first defendant in O.S.No.17/1992 before the Civil Judge (Sr.Dn), Chintamani, challenging the concurrent judgments of the trial court and the first ap...

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High Court of Karnataka Sets Aside Summoning of Additional Accused Under Section 319 Cr.P.C. — No Prima Facie Case Made Out Against Petitioners. Court held that mere naming in FIR without corroborative evidence during trial is insufficient to invoke Section 319 Cr.P.C. against persons dropped by police in charge sheet....

The petitioners, originally named as accused Nos.2, 3, 8, 9, and 10 in the FIR, were dropped by the police during investigation and not arraigned in the charge sheet filed against 14 other accused per...