Karnataka High Court

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High Court of Karnataka Allows Appeal by Owner in Motor Accident Claim — Owner Not Liable as Vehicle Was Stolen at Time of Accident. Owner's Failure to Produce Insurance Policy Does Not Shift Liability When Vehicle Was Not in His Possession and No Privity of Contract Exists....

The appellant, H.S. Anantha, was the owner of a motorcycle bearing registration No. KA 3 L 1721. He was the first respondent in MVC No. 328/2011 before the Motor Accidents Claims Tribunal (MACT) at Ch...

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High Court of Karnataka Dismisses Appeal for Condonation of Delay in Motor Vehicle Accident Claim — Inordinate Delay of 628 Days Not Properly Explained. Claimant Failed to Provide Sufficient Cause for Delay in Filing Appeal Against Dismissal of Claim Petition for Son's Death....

The appellant, Kanthamma A.C., filed a claim petition under the Motor Vehicles Act seeking compensation for the death of her son Harsha in a road traffic accident on 25.12.2008. The Motor Accidents Cl...

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High Court of Karnataka Allows Appeal in KVAT Act Classification Dispute — Authority for Clarification & Advance Rulings Not Properly Constituted Under Section 60. Product 'Yakult' Held Entitled to Benefit of Entry 19 of First Schedule as Milk Product, Taxable at 4% Not 14%....

The appellant, Yakult Danone India Pvt Ltd, is the manufacturer of a product called 'Yakult', which it claimed is akin to 'lassi' and thus a milk product entitled to the benefit of Entry 19 of the Fir...

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Karnataka High Court Considers Challenge to Levy of VAT on Liquor by Certain Licensees; Alleged Discrimination Between Different Categories of Excise Licence Holders. Petitioners Contend That Notification Exempting Some Dealers While Taxing Others Violates Articles 14, 19, and 304B of the Constitution....

The writ petitions were filed by various licensees under the Karnataka Excise Act, 1967, challenging the constitutional validity of Entry No.59A of the Third Schedule to the Karnataka Value Added Tax ...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property....

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession of joint family properties. The plaintiffs claime...

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Karnataka High Court Upholds Compensation Determination Under Indian Telegraph Act for Land Diminution Due to Transmission Tower Erection. District Court's Award of Compensation for Diminution in Land Value Upheld in Revision Petitions Under Section 115 of CPC....

The matter arose from a batch of miscellaneous petitions filed by landowners under Section 16(3) of the Indian Telegraph Act, 1885, seeking compensation from the Power Grid Corporation of India Ltd. f...

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High Court of Karnataka Dismisses Writ Petition Challenging Tender Notification for Food Supply to Hostels. Tender notification held not contrary to Rule 17(1)(b) of Karnataka Transparency in Public Procurements Rules, 2000 as it was issued by the Deputy Commissioner, not the Director....

The petitioner, Roshan Kirana Merchant, a proprietorship concern represented by Md. Nizamuddin Mulla, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Cour...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute with BBMP — No Substantial Question of Law Arises. Section 194C of Income Tax Act, 1961 does not apply to compulsory acquisition of land by municipal authority as it is not a 'work contract'....

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Income Tax Officer) under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tri...

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Karnataka High Court Allows Wife's Appeal in Matrimonial Dispute Under Indian Divorce Act — Restitution of Conjugal Rights Dismissed, Divorce Granted on Grounds of Cruelty and Adultery. Wife's Petition for Restitution Allowed and Husband's Divorce Petition Dismissed as Grounds Not Proven....

The case involves two appeals filed by the wife, Mrs. Mabel Treeza Pinto, against a common judgment and decree dated 20.1.2011 passed by the Principal Senior Civil Judge & CJM, Mangalore. The first ap...

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High Court of Karnataka Quashes Notice for Enquiry Against Society Due to Lack of Specific Allegations. Notice under Rule 8 of Karnataka Societies Registration Rules, 1961 must contain specific grounds for enquiry under Section 25(1) of Karnataka Societies Registration Act, 1960....

The petitioner, Sri Laxmi Vidhya Vardaka Sanga, a society registered under the Karnataka Societies Registration Act, 1960, challenged a notice dated 31.08.2015 issued by the District Registrar of Soci...