Karnataka High Court

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High Court of Karnataka Quashes NBW Against Petitioner in SC/ST Act Case — Substitution of Accused Name Without Proper Investigation Invalid. Court holds that police cannot substitute accused name in charge sheet without further investigation under Section 173(8) CrPC....

The petitioner, Abdul Kareem, filed a petition under Section 482 CrPC seeking quashing of an order dated 24.07.2014 passed by the learned Sessions Judge, Yadgiri, in Spl. Case (SC/ST Act) No.46/2013, ...

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Karnataka High Court Quashes Promotion Order in Medical College Due to Procedural Irregularities in DPC — Held That DPC Must Follow Prescribed Criteria and Provide Reasoned Marks....

The judgment concerns two writ petitions filed by Dr. K.V. Satish and Dr. Bheemappa Havanur, Associate Professors in the Department of Forensic Medicine at Bangalore Medical College and Research Insti...

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High Court of Karnataka Quashes Summons to Arbitrator in Section 34 Proceedings — Arbitrator Not a Necessary Party Under Arbitration and Conciliation Act, 1996. Arbitrator cannot be arrayed as defendant in arbitration suit challenging award under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, Sri H.N.M. Prasad, a practicing advocate, acted as an arbitrator and passed an arbitral award on 10.3.2015 in a dispute between Smt. Vasundhara Srinivasan (respondent No.1) and M/s Kep...

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Karnataka High Court Allows Writ Appeals Against Single Judge Order in Municipal Contract Dispute — Holds That Tender Process Must Comply with Karnataka Transparency in Public Procurement Act, 1999 and E-Procurement Rules. The court set aside the Single Judge's order and directed compliance with Government Order conditions for construction of a commercial complex....

The dispute in the present appeals pertains to a contract for construction of a commercial complex to be raised by Srinivasapura Town Municipality, Kolar. On a resolution for construction of a commerc...

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High Court of Karnataka Dismisses Revenue Appeal in Capital Gains Tax Case — Non-Refundable Deposit for Surrender of Tenancy Rights Held Not Taxable as Capital Gains. The court ruled that the amount received as non-refundable deposit in lieu of surrendering tenancy rights is not chargeable to capital gains tax under the Income Tax Act, 1961....

The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT), Bengaluru Bench 'A', dated 10.07.2009. The respondent...

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High Court of Karnataka Allows Writ Petitions Challenging University's Refusal to Approve BDS Admissions — Online Upload of Admission Statement Held Directory, Not Mandatory. The Court directed Rajiv Gandhi University of Health Sciences to approve the admissions of two students to I Year BDS Course for academic year 2013-2014 despite delayed online upload....

The petitioners, a Dental College (Vydehi Institute of Dental Sciences and Research Centre) and two students, challenged a communication dated 03.07.2015 from Rajiv Gandhi University of Health Science...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — ERAF Receipt Not Income of Assessee. Amount Received from Exchange Risk Administration Fund Treated as Advance/Liability Converted to Equity, Not Taxable Income Under Income Tax Act, 1961....

The Revenue filed two appeals under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT) dated 11.4.2014. The appeals related to assessment years...