Karnataka High Court

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High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation....

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing his suit for declaration and injunction. The plain...

High Court

High Court Dismisses Revenue's Appeal in Carbon Credit Deduction Case — Income from Sale of Carbon Credits Held Not Derived from Eligible Business Under Section 80IA of Income Tax Act, 1961. The court upheld the Tribunal's decision quashing the revision order under Section 263, finding no substantial question of law....

The appellant, Commissioner of Income Tax-III, Bangalore, filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT) dated 28/11/201...

High Court

High Court of Karnataka Quashes Registrar's Order and Sale Deed in Co-operative Society Dispute — Violation of Natural Justice and Bye-laws. Petitioner's Membership and Right to Property Upheld as Registrar Failed to Provide Hearing Before Approving Transfer of Shares and Sale of Site....

The petitioner, Smt. Siddamma, aged 75, is the wife of late S.K. Narasimhaiah and a member of Bhavani Housing Co-operative Society Limited (respondent No.1). She held shares in the society and was all...

High Court

High Court of Karnataka Dismisses Petitions Challenging Amendment to Section 10(3) of KVAT Act, 2005 — Restriction on Input Tax Credit for Inter-State Purchases Upheld. The court held that the amendment is a valid legislative measure to prevent tax evasion and does not violate Article 14 of the Constitution....

The case involves a batch of writ petitions filed by various companies, including Sonal Apparel Private Limited and Hindustan Coca Cola Beverages Private Limited, challenging the constitutional validi...

High Court

High Court of Karnataka Hears Writ Appeals Challenging Quashing of Land Acquisition Notifications for Cooperative Housing Society. Key Legal Issues Involve Compliance with Scheme Requirement Under Section 3(f)(vi) of the Land Acquisition Act, 1894 and Lapsing of Proceedings Under Section 24 of the Land Acquisition Act, 2013....

The matter concerned writ appeals filed by M/s. Bharath Earth Movers Gruha Nirmana Sahakari Sangha Niyamitha, a cooperative housing society, challenging a single judge's order that quashed land acquis...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation as Claimant Was a Gratuitous Passenger on a Goods Vehicle. The court held that the insurer is not liable to indemnify the owner of a goods vehicle when the injured person was traveling as a gratuitous passenger, as the policy does not cover such risk....

The case involves an appeal by the National Insurance Co. Ltd. against the judgment and award of the Motor Accidents Claims Tribunal (MACT) at Shimoga, which had awarded compensation of Rs. 93,500/- w...

High Court

High Court of Karnataka Dismisses Petitioner's Challenge to Land Reforms Provisions — Petitioner Fails to Establish Unconstitutionality of Sections 79-A and 79-B of Karnataka Land Reforms Act, 1961. The court held that the petitioner did not press the challenge and no arguments were advanced to demonstrate any constitutional infirmity....

The petitioner, B.M. Upendra Kumar, a member of a Hindu Undivided Family (HUF) engaged in agricultural operations, purchased agricultural lands measuring about 17 acres 10 guntas in Byalalu village, B...

High Court

High Court of Karnataka Upholds Impounding of Arbitration Agreement for Stamp Duty Deficiency — Civil Court Must Refer to Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The court held that the arbitration agreement is an instrument subject to stamp duty, and the Civil Court, while considering an application under Section 8 of the Arbitration Act, 1940, must follow the mandatory procedure under the Karnataka Stamp Act, 1957, for impounding and reference to the Deputy Commissioner....

The petitioner, United Precision Engineers Pvt. Ltd., filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging orders dated 10.03.2014 and 01.02.2014 passed by the ...

High Court

High Court of Karnataka Quashes Impounding Order in Arbitration Reference — Stamp Duty Deficiency Must Be Determined by Deputy Commissioner Under Section 37(2) of Karnataka Stamp Act, 1957. The Civil Court lacked jurisdiction to impound an arbitration agreement produced in a Section 11 Arbitration and Conciliation Act, 1996 proceeding....

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Deduction of Rs.90/MT by Karnataka Power Corporation Limited from Coal Bills — Contractual Dispute Not Amenable to Writ Jurisdiction Under Articles 226 and 227 of the Constitution of India....

The petitioners, M/s. EMTA Coal Limited and M/s. Karnataka EMTA Coal Mines Limited, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging letters issued by the respo...

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