Karnataka High Court

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High Court of Karnataka Grants Bail to Accused in Abduction and Prostitution Case Due to Lack of Investigation and Prima Facie Evidence. The court held that without recording the victim's statement or conducting investigation, the seriousness of offences under Sections 344, 345, 347, 365, 366, 367, 368, 370(2) r/w 34 IPC cannot justify denial of bail....

The petitioner, Siddhartha S/o Ramadas Sonkambale, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No.70/2015 registere...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Appointment of Medical Superintendent. Petitioner's claim for promotion to Medical Superintendent post rejected as Selection Committee's decision was based on seniority and merit, and no mala fides were established....

The petitioner, Dr. H.S. Sathish, a Professor and Head of the Department of ENT at Sri Venkateswara ENT Institute, Victoria Hospital, Bangalore Medical College & Research Institute, filed a writ petit...

High Court

High Court of Karnataka Upholds KAT Order Quashing Seniority List for Violation of Natural Justice in Government Teacher Promotions. The court held that altering seniority without notice to affected employees violates principles of natural justice and the Karnataka Government Servants (Seniority) Rules, 1957....

The case involves a challenge to the order of the Karnataka Administrative Tribunal (KAT) dated 03.12.2010, which quashed the seniority list of Assistant Primary School Teachers in the Department of P...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC....

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India challenging a common order dated 9.1.2015 passed ...

High Court

High Court of Karnataka Allows Revenue's Appeals in Part, Upholds Deduction Under Section 10A for Sub-Contracted Software Development Work. The court held that income from on-site work sub-contracted to an associated enterprise is eligible for deduction under Section 10A of the Income Tax Act, 1961, as the assessee derived income from export of computer software....

The case involves appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT) which allowed the assessee, M/s Mphasis...

High Court

High Court of Karnataka Allows Defendant to File Written Statement Despite Delay — Liberal Approach Under Order VIII Rule 9 CPC. The court set aside the trial court's dismissal of the application, holding that the delay could be compensated by costs and that a liberal view should be taken to avoid multiplicity of litigation....

The petitioner, who was defendant No.3 in the original suit, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20.12.2014 passed by the I Additi...

High Court

High Court of Karnataka Dismisses Winding-Up Petition for Disputed Debt and Lack of Jurisdiction — Foreign Company Cannot Seek Winding-Up of Indian Company Under Sections 433(e), 434 of Companies Act, 1956. The court held that a winding-up petition is not maintainable when the debt is bona fide disputed and the petitioner is a foreign company without a registered office in India....

The petitioner, M/s. Arasor Corporation, a company incorporated in the United States of America, filed a company petition under Sections 433(e) and (f) read with Section 434(1)(a) and (c) and Section ...

High Court

High Court of Karnataka Quashes Government Order Providing Internal Reservation Among Backward Classes in Co-operative Societies — Order Held Ultra Vires Section 28-A(3)(iii) of Karnataka Co-operative Societies Act, 1959 as Reservation Can Only Be Provided Through Rules....

The petitioners, a director and a member of a primary co-operative agricultural and rural development bank, challenged a Government order dated 29 January 2015 that reserved seats separately for two c...

High Court

High Court of Karnataka Allows Petition to Implead Daughter in Final Decree Proceedings Under Order 1 Rule 10(2) CPC — Amendment to Section 6 of Hindu Succession Act, 1956 Confers Coparcenary Rights on Daughters Born Before 2005...

The petitioner, Smt. Honamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.6.2014 passed by the Principal Civil Judge and JMFC, Arsikere, ...

High Court

High Court of Karnataka Directs New Mangalore Port Trust to Consider 50% NMR Service for Pensionary Benefits Under Central Civil Services (Pension) Rules, 1972. The court held that the respondent must consider the claim of a retired employee for counting 50% of his daily wage service as qualifying service for pension, based on a certificate of continuous service....

The petitioner No.1, B. Vamana, was employed as a Mali-cum-Mazdoor on daily wages under Nominal Muster Roll (NMR) with the New Mangalore Port Trust (NMPT) from 04.11.1969 to 22.03.1973. Thereafter, he...

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