Karnataka High Court

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High Court of Karnataka Quashes Closure Order in Pollution Case Due to Violation of Natural Justice. Environmental Officer's Order Set Aside for Lack of Opportunity of Hearing Under Water and Air Pollution Acts....

The petitioner, M/s. Devi Enterprises, represented by its proprietrix Smt. Sukadi Devi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a closure order d...

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High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises....

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree of the trial court dismissing his suit for speci...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to decree specific performance of agreement to sell, finding plaintiff failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963....

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.06.2009 passed by the II Additional Dis...

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High Court of Karnataka Upholds Labour Court Order in Industrial Dispute Regarding Canteen Workers' Status as Workmen of Principal Employer. Canteen workers employed through contractor held to be workmen of BEML Limited under Industrial Disputes Act, 1947 due to statutory obligation to provide canteen....

The case involves two appeals filed by BEML Limited (formerly Bharat Earth Movers Ltd.) and the President of Mysore Division General Labour Association against an order dated 16.04.2010 in Writ Petiti...

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High Court of Karnataka Quashes Closure Order Against Industry for Violation of Natural Justice — Failure to Provide Opportunity of Hearing Before Closure Under Water and Air Pollution Acts. The court held that a closure order without hearing is unsustainable and set aside the order, allowing the Board to proceed afresh after giving due opportunity....

The petitioner, M/s. Devi Enterprises, represented by its proprietrix Smt. Sukadi Devi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a closure order d...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs....

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.01.2009 passed by the II Additional Sen...

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High Court of Karnataka Quashes Perjury Proceedings Initiated Without Following Section 340 CrPC Procedure. Magistrate's Suo Motu Direction to Register Case for Inconsistent Evidence Under Section 193 IPC Set Aside Due to Procedural Irregularity....

The petitioner, Noor Mohammad, had filed an FIR against one Nabisab for offences under Sections 447, 324, and 504 IPC. After investigation, a charge sheet was filed and the case was registered as C.C....

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High Court of Karnataka Quashes Proceedings Against Financier in Motor Vehicle Tax Default Case — Financier Not Liable for Tax Default of Borrower Under Karnataka Motor Vehicles Taxation Act, 1957. Hypothecation Does Not Confer Possession or Control, Hence No Prima Facie Case Against Financier....

The petitioner, M/s. Shriram Investments Ltd. (now amalgamated with Shriram Transport Finance Co. Ltd.), was a financier for a commercial vehicle bearing registration No.KA.17/7744. The respondent No....

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Karnataka High Court Allows Refund of Service Tax Paid by Non-Resident Despite Revenue's Appeal — Unjust Enrichment Not Applicable. Service Tax Refund Ordered as Stay Application Dismissed and Tax Paid by Appellant Itself, Not Collected from Others....

The appellant, M/s Madura Coats Pvt. Ltd., a non-resident service provider, paid service tax under protest for the period 10.09.2004 to 31.12.2004. After a long drawn litigation, the Commissioner of C...