Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Vehicle Accident Case — Apportionment of Liability Between Two Vehicles Upheld. The court held that the compensation awarded by the Tribunal was inadequate and enhanced it, considering the injuries and medical expenses, while upholding the finding of contributory negligence....

The case arises from a motor vehicle accident that occurred on 15.02.2008 involving two vehicles: a car driven by respondent No.1 and a lorry driven by respondent No.3. The appellant, Hanumanthappa, s...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty....

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order of the Income Tax Appellate Tribunal (ITAT), Bangal...

High Court

High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Rejected for Lack of Authorization and Proper Court Fee. The court held that the suit filed by a trust through its working chairman was not maintainable as the plaint was not signed and verified by a duly authorized person, and the court fee paid was insufficient....

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.10.2014 passed by the V Ad...

High Court

High Court of Karnataka Enhances Compensation for Motor Accident Victim in Hit-and-Run Case Involving Multiple Vehicles and Insurers. The court held that the liability of insurers of negligent drivers is joint and several, and the claimant can recover the entire compensation from any one insurer under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a motor vehicle accident that occurred on 20th April 2008 at about 8:30 p.m. near Yeshwanthpur Toll Gate, Bangalore. The claimant, Sri Hanumanthappa, was walking on the road when ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred....

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 03-07-2009, f...

High Court

Karnataka High Court Allows Appeal in Suit for Partition and Injunction — Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11 CPC when the averments in the plaint, if taken as true, disclose a cause of action and the suit is not barred by any law....

The appellants, who are the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 12.04.2013 p...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial...

The appellants, who were the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 12.04.2013 ...

High Court

High Court of Karnataka Quashes Domestic Violence Proceedings Due to Lack of Domestic Relationship and Limitation. Complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005, filed by wife against husband and sister-in-law after 18 years of separation held not maintainable....

The petitioners, Sri N Shashikumar and Smt Indira Devi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the proceedings in Crl. Misc. No.210/2012 pending...

High Court

High Court of Karnataka Allows Writ Petition Against Authority for Advance Rulings for Dismissal of Application for Non-Prosecution Without Considering Merits. The court held that the Authority must decide the application on merits and not dismiss for non-prosecution when the petitioner seeks an adjournment....

The petitioner, M/s OnMobile Global Limited, a company engaged in Telecommunication Value Added Services, had entered into a partnership agreement with a Telecom Operator in Brazil for rendering Ring ...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred....

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their brother (respondent No.1) and other defendants. The tri...

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Karnataka High Court

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred....

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial...

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...

Supreme Court Acquits Accused in Kidnapping and Murder Case Due to Lack of Substantive Evi...

Supreme Court Dismisses Special Leave Petition Against Interim Order in Electricity Act Di...