Karnataka High Court

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High Court of Karnataka Quashes Show Cause Notice in Customs Duty Exemption Case — Petitioner Entitled to Concessional Rate for Gold Dore Bars Imported for Refining. Proper Officer's Acceptance of Self-Declaration Precludes Reopening of Assessment Without Fresh Material Under Notification No.12/2012-Customs....

The petitioner, M/s Rajesh Exports Limited, an importer, manufacturer, and exporter of gold jewellery, imported gold dore bars containing impurities from M/s Perth Mint, Australia. The import was made...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Land Tribunal Order in Tenancy Dispute — Petitioner Failed to Prove Tenancy Rights Under Karnataka Land Reforms Act, 1961. The Court upheld the Tribunal's finding that the claimant did not produce sufficient evidence to establish tenancy, and the writ court cannot reappreciate evidence under Articles 226 and 227....

The petitioners, legal representatives of the original claimant M. Lakappa Bhandari, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 30.1.2004...

High Court

High Court of Karnataka Dismisses Petition for DNA Test in Paternity Dispute — Husband Denies Paternity of Child Born During Separation. Presumption of Legitimacy Under Section 112 of Indian Evidence Act Applies Unless Non-Access is Proved....

The petitioner, husband, filed a writ petition challenging the order of the Family Court, Belgaum, dated 21.11.2015, which rejected his application (IA No.10) under Order 26 Rule 10(A) read with Secti...

High Court

High Court of Karnataka Allows Appeal in Co-operative Society Service Dispute — Directs Payment of Back Wages from Dismissal to Reinstatement. The Single Judge's direction to pay arrears of salary from 14.5.1990 till reinstatement on 26.10.1993 and to ignore delay in challenging dismissal was set aside as the dismissal order was not challenged for many years....

The appellant, Kammasandra Milk Producers Co-operative Society Ltd., filed a writ appeal against the judgment and order dated 31.01.2012 passed by the Single Judge in W.P.No.7212/2007. The respondent ...

High Court

High Court of Karnataka Admits Second Appeal in Permanent Injunction Suit Where Possession Claimed Under Tenancy, Framing Substantial Question on Civil Court's Duty to Refer Tenancy Dispute to Land Tribunal. The appeal under Section 100 of Code of Civil Procedure, 1908 raises the issue whether Section 133 of Karnataka Land Reforms Act, 1961 mandates reference to Land Tribunal when the claim for injunction is based on alleged tenancy rights....

The dispute concerns agricultural land bearing Sy.No.46 measuring 1.84 acres at Muddapura Village, of which the plaintiff claimed possession as a tenant cultivating the land, continuing after the Karn...

High Court

High Court of Karnataka Dismisses Insurance Appeal in Motor Accident Claim — Upholds Compensation of Rs.33,15,500/- to Parents of Deceased Army Soldier. Negligence of Autorickshaw Driver Established; No Contributory Negligence by Deceased....

The case arises from a fatal motor accident that occurred on Belgaum-Khanapur road near Desur cross. The deceased, Sham Mahadev Yallurkar, aged 23, was riding his motorcycle when an autorickshaw beari...

High Court

High Court of Karnataka Dismisses Appeal Against Arbitral Award in Commercial Dispute — No Interference Under Section 37 of Arbitration and Conciliation Act, 1996. Court upholds award as not patently illegal or against public policy, confirming that findings of fact by arbitrator are final....

The appellant, M/s. Karnataka Soaps and Detergents Limited, a Government of Karnataka undertaking, was aggrieved by the judgment dated 03.12.2009 passed by the VI Additional City Civil Judge, Bangalor...

High Court

High Court of Karnataka Enhances Compensation for Parents of Deceased in Motor Accident Case — Multiplier Corrected from 13 to 14 and Future Prospects Added. The Court applied multiplier 18 based on deceased's age of 25 years and added 40% future prospects under Motor Vehicles Act, 1988, Section 166....

This appeal arises from a judgment and award dated 30.07.2013 passed by the VI Additional District & Sessions Judge, Belagavi in MVC No.2503/2012, awarding Rs.2,82,000/- with interest at 7% per annum ...

High Court

High Court of Karnataka Quashes FIRs Against Former Chief Minister in BDA Denotification Case — CAG Report Cannot Be Sole Basis for Criminal Prosecution Without Independent Investigation. The court held that the CAG report is not a conclusive proof of criminality and cannot be the foundation for criminal prosecution without independent investigation, and that the FIRs were registered without proper sanction under Section 19 of the Prevention of Corruption Act, 1988....

The petitioner, Shri B.S. Yeddyurappa, a former Chief Minister of Karnataka, filed multiple writ petitions under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of ...

High Court

High Court of Karnataka Dismisses State's Petition Challenging KAT Order Directing Consideration of Family Pension Under Rule 247-A(1) of Karnataka Civil Service Rules. The Court upheld the Tribunal's direction to consider the widow's claim for family pension, finding no error in the order....

The State Government of Karnataka filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 24.02.2015 passed by the Karnataka Administrative Tribunal (K...

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