Karnataka High Court

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High Court of Karnataka Allows Appeals in Cheque Dishonour Cases, Sets Aside Acquittals for Non-Examination of Complainant and Lack of Evidence on Debt Liability. The court held that presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of holder and non-examination of complainant does not automatically vitiate trial if other evidence supports the case....

The case involves three criminal appeals filed by the appellants (S. Madhava Reddy, K. Krishna, and Narayana Reddy) against the judgment of acquittal dated 18.12.2006 passed by the XVIII Additional Ch...

High Court

High Court of Karnataka Allows Writ Appeal Against Interference at Show Cause Notice Stage in Commercial Tax Matter — Quashes Order Staying Proceedings Under KVAT Act. Court Held That Writ Jurisdiction Under Article 226 Should Not Be Exercised to Interfere With a Show Cause Notice Unless It Is Without Jurisdiction or a Clear Abuse of Process....

The appellant, Sri Ashok Kumar S., filed a writ appeal against an order dated 05.04.2016 passed by a learned Single Judge in Writ Petition No.18871/2016, whereby the Single Judge had stayed further pr...

High Court

High Court of Karnataka Upholds Maintenance Order in Family Court Case — Service of Notice by Registered Post Deemed Sufficient Under Section 125 Cr.P.C. The court held that service of notice by registered post in a maintenance petition under Section 125 Cr.P.C. is sufficient compliance, and the quantum of maintenance awarded by the Family Court was not interfered with....

The petitioner, Shivashankar Chandrashekar Jotavar, challenged an order dated 23.12.2015 passed by the Family Court, Belagavi in Crl.Misc.No.456/2015, which awarded maintenance of Rs.5,000 per month t...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Negligence of Truck Driver Proved, Multiplier Corrected to 13. The court applied multiplier 13 as per Sarla Verma v. DTC and added 50% future prospects as per Rajesh v. Rajbir Singh, enhancing total compensation from Rs. 5,27,500/- to Rs. 8,37,000/-....

The appeal was filed by the claimants, who are the legal representatives of the deceased Shashikant Bharma Murashetti, seeking enhancement of compensation awarded by the Motor Accidents Claims Tribuna...

High Court

High Court of Karnataka Quashes Disciplinary Proceedings Against KSRTC Employee for Lack of Authority of Inquiry Officer. Inquiry Officer Appointed by Managing Director Without Delegated Power Under KSRTC (C&A) Regulations, 1971, Rendering Proceedings Void Ab Initio....

The petitioner, R.A. Nagendranath, a Chief Mechanical Engineer with KSRTC, challenged the legality of an order dated 14-1-2016 passed by the Managing Director/Disciplinary Authority, and an inquiry no...

High Court

High Court of Karnataka Quashes Complaint in Legal Metrology Case — Online Printing of MRP on Bottle Neck Complies with Rules. Declaration of Maximum Retail Price on the neck of a bottle is permissible under Rule 2(h) of the Legal Metrology (Packaged Commodities) Rules, 2011, as it is a 'clear, prominent and indelible' declaration....

The petitioner, Danone Narang Beverages Private Limited, a company engaged in the manufacture and distribution of packaged natural mineral water under the brand name 'Qua', filed a writ petition under...

High Court

High Court of Karnataka Dismisses Petition for Admission to 5-Year B.A., LL.B. Course After Last Date for Fee Submission Passes — Petitioner Failed to Secure Admission in Previous Academic Year and Sought Mid-Stream Entry Without Legal Basis...

The petitioner, Mr. Bhargav B.L., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents, Dr. Ram Manohar Lohia Law College, Karnataka Sta...

High Court

High Court of Karnataka Dismisses Writ Appeals Challenging TDS Provisions — Upholds Constitutional Validity of Sections 194C, 194J, and 206AA of Income Tax Act, 1961. The court held that the provisions are not arbitrary or discriminatory and that TRACES is a valid administrative mechanism....

The case involves a batch of writ appeals filed by various assessees, including individuals and companies, challenging the constitutional validity of certain provisions of the Income Tax Act, 1961, re...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Transfer Order in Service Matter — Transfer Held to be an Incident of Service. Petitioner failed to demonstrate any mala fides or violation of statutory rules in the transfer order dated 18.08.2016....

The petitioner, Alla Saheb, an Executive Engineer in the District Urban Development Cell, Vijayapur, challenged his transfer order dated 18.08.2016 passed by the State of Karnataka, which posted respo...

High Court

High Court of Karnataka Allows Revision Petition in Sales Tax Case — Re-assessment Not Permissible Under Rectification of Mistake. The Court held that rectification under Section 69 of the KVAT Act cannot be used to re-assess escaped turnover without following the procedure under Section 39....

The petitioner, M/s. Hema Engineering, a dealer registered under the Karnataka Value Added Tax Act, 2003, filed revision petitions under Section 65(1) of the KVAT Act against the order of the Karnatak...

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