Karnataka High Court

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High Court of Karnataka Allows Appeal in Company Winding Up Case — Dispute Over Director's Remuneration Not a Debt Under Section 433(e) of Companies Act, 1956. Claim for remuneration by a former director cannot be the basis for winding up petition as it is not a debt due and payable....

The appeal was filed by M/s Atalanta Pumps Private Limited against an order dated 5.7.2012 passed by the Company Judge in Company Petition No.121/2009, whereby the petition for winding up was admitted...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956....

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his adoptive father, Late Nanjappa, and for partition an...

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High Court of Karnataka Directs Coffee Board to Treat Suspension Period as Duty and Grant Service Benefits — Caste Certificate Verification Delay Not Attributable to Employee...

The petitioner, K. Jayarama Balyaya, was appointed as a temporary Research Assistant in the Coffee Board on 04.09.1982 and later as Assistant Cuptaster on 12.09.1983 against a vacancy reserved for Sch...

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High Court of Karnataka Quashes Sanction Order in Corruption Case Due to Non-Application of Mind by Competent Authority. Sanction under Section 19 of Prevention of Corruption Act, 1988 must be granted after proper consideration of all material evidence, not merely based on police report....

The petitioner, a public servant working as Deputy Electrical Inspector, was trapped by Lokayukta Police on 18.12.2010 while allegedly accepting a bribe of Rs. 18,000 from the 4th respondent, an elect...

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High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies....

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge (Jr. Dn.) and JMFC, Sagar, in Execution Case No.45...

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High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up....

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against Indian Bank and Siruguppa Sugar and Chemical Ltd. The p...

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Karnataka High Court Allows Writ Appeals Against Revisional Order Under KVAT Act — Remand to Assessing Officer Required. Revisional Authority Under Section 63A Cannot Pass Fresh Assessment Order After Setting Aside Original Assessment; Must Remand to Assessing Officer....

The appellant, M/s Solidus Hi Tech Products Pvt Ltd, a company manufacturing press components, sheet metal enclosures, telecommunication equipments, bus bar, heavy electrical products, automotive comp...

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High Court Dismisses State Appeals Against Single Judge's Directions on Vehicle Seizure under Motor Vehicles Act. Court Holds that Directions Were Reiteration of Rule 202-B and Custody Cannot Be Given to Parallel Operators Including State Transport Corporations....

The respondent, a tourist bus operator with 265 buses, filed writ petitions seeking a direction that his vehicles not be seized except by following the procedure under the Motor Vehicles Act, 1988 and...

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High Court of Karnataka Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Section 392 IPC set aside as sole testimony of victim was not corroborated by independent witnesses and identification parade was not conducted properly....

The case involves two criminal appeals filed by three accused persons (K. Ramanji @ Ramanjaneyudu, S.V. Ramanatha, and Amarendra) against their conviction under Section 392 of the Indian Penal Code (I...

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High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Duty Limitation Case — Show Cause Notice Issued Beyond One-Year Period from Relevant Date is Time-Barred. The court held that the extended period of limitation under Section 11A(4) of the Central Excise Act, 1944 cannot be invoked without establishing suppression of facts or fraud by the assessee....

The Commissioner of Central Excise, Customs and Service Tax (Large Tax Payers Unit), Bengaluru, filed appeals under Section 35G of the Central Excise Act, 1944, challenging the order dated 16.6.2014 p...