Karnataka High Court

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High Court of Karnataka Dismisses Writ Petition Challenging Appellate Order in Civil Suit — Rejection of Substitution Application Set Aside for Lack of Proper Enquiry. The appellate court's direction to hold an enquiry under Order 22 Rule 3 CPC was upheld as the trial court had failed to conduct a proper enquiry into the legal heirship claim....

The petitioner, Manjula, was the defendant in a civil suit (O.S. No.364/2011) filed by Basappa for declaration and permanent injunction. During the pendency of the suit, the plaintiff died. The respon...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Reassessment Case — Tribunal's Order Restoring Assessment Set Aside. Reassessment Notice Under Section 148 Held Invalid as No Failure to Disclose Material Facts Was Established....

The revenue appealed against the order of the Income Tax Appellate Tribunal, Bangalore Bench, which had set aside the reassessment order passed under Section 143(3) read with Section 147 of the Income...

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High Court of Karnataka Dismisses Appeals Against Election Petition Orders in Municipal Election Disputes — Upholds Setting Aside of Election Results for Non-Compliance with Model Code of Conduct. Court holds that violation of election rules and corrupt practices invalidate election of candidates under Section 27 of Karnataka Municipalities Act, 1964....

The judgment arises from two appeals (M.F.A.No.3888/2014 and M.F.A.No.3889/2014) filed under Section 27 of the Karnataka Municipalities Act, 1964, against the order dated 25.04.2014 passed by the I Ad...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Deceased's Income Reassessed at Rs. 6,000 per Month with 50% Future Prospects and Multiplier of 17. The Court held that the Tribunal's assessment of income and multiplier was erroneous and enhanced compensation from Rs. 42,77,360 to Rs. 10,92,000 with 8% interest....

The case arises from a motor accident claim petition filed by the widow and parents of the deceased, Narendra Rajarao Sulakhe, who died in a road accident on 19-08-2009. The deceased was aged 30 years...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Deceased was a Software Engineer aged 30 years, Tribunal awarded ₹42,77,360, High Court enhanced to ₹1,02,60,000 with 6% interest. The Court held that future prospects of 50% must be added for a 30-year-old software engineer and conventional heads enhanced following precedents....

The case arises from a motor accident claim petition filed by Smt. M.R. Sushma, widow of late Narendra Rajarao Sulakhe, who died in a road accident on 11.08.2009. The deceased was a 30-year-old softwa...

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High Court of Karnataka Dismisses Revision Petitions in KVAT Act Case — Joint Commissioner Had Jurisdiction to Invoke Suo Moto Revision Under Section 63-A. Purchases from Composition Dealers Not Deductible from Contract Receipts for Taxable Turnover....

The case involves revision petitions filed by M/S JMC Projects (India) Ltd. against the State of Karnataka under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act). The petitions chal...

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High Court of Karnataka Dismisses Husband's Revision Against Maintenance Order Under Section 125 Cr.P.C. — Quantum of Maintenance Upheld as Reasonable. The court held that the maintenance of Rs.2,500/- to wife and Rs.1,000/- to daughter is not excessive and does not warrant interference in revision....

The petitioner/husband filed a revision petition under Section 19(4) of the Family Court Act, 1984 against the order dated 10.6.2004 in Criminal Misc. No. 223/2013 passed by the Judge, Family Court, B...

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High Court Dismisses Writ Appeal Against Bank's Possession Notice Under SARFAESI Act for Lack of Jurisdiction Due to Alternate Remedy. Appellant's challenge to possession notice dismissed as writ petition not maintainable when alternate remedy under Section 17 of SARFAESI Act before Debt Recovery Tribunal is available....

The appellant, Sri Jayaram Hegde, filed a writ petition before the Karnataka High Court challenging a possession notice issued by Canara Bank under the Securitisation and Reconstruction of Financial A...

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Karnataka High Court Dismisses Contempt Petitions for Alleged Disobedience of Appellate Tribunal Order — No Willful Disobedience Established. The court held that the accused had complied with the order by reinstating the complainants and that the subsequent termination was based on a separate resolution, not in contempt of the tribunal's order....

The case involves two contempt petitions filed by Chandrashekhar and Kanappa, employees of Mudhol Co-operative Bank Ltd., against Dr. Sunjay Mohan Rao, Chairman of the bank. The complainants alleged t...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Minor Pillion Rider. Negligence of Qualis Driver Established as Sole Cause of Accident, Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 27.3.2009 at about 11:40 am at the junction of Hebbal ring road near Bharath Cancer Hospital, Mysore. The claimant, Hemanth, a minor aged about 1...