Karnataka High Court

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High Court of Karnataka Upholds Conviction in Cheque Dishonour Case — Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted. Cheque Issued as Security for Advance of Rs.80 Lakh Dishonoured — Accused Failed to Prove Absence of Debt....

The case arises from a complaint filed by HMT (International) Limited, a public limited company, against M/s Nucor Wires Limited and its directors (the petitioners) under Section 138 of the Negotiable...

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High Court of Karnataka Quashes Proceedings Under Section 107 CrPC for Lack of Territorial Jurisdiction — Petitioner Not Residing Within Magistrate's Jurisdiction. The court held that a Taluka Executive Magistrate cannot initiate preventive proceedings under Section 107 CrPC against a person who does not reside within his territorial limits....

The petitioner, Sri. Rustom Kerawala, a resident of Mumbai, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash proceedings initiated against him by the ...

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Karnataka High Court Allows Writ Petition Quashing No Confidence Motion Notice Against Grama Panchayat President for Violation of Mandatory Hearing Requirement. Opportunity of hearing under Section 48(4) of Karnataka Panchayat Raj Act, 1993 is mandatory before convening meeting to consider no confidence motion....

The petitioner, Mrs. Chikkamuniyamma, was the President (Adhyaksha) of the Village Panchayat, K.Gollahalli Division-I. The third respondent, Smt. B. Nagarathnamma, along with others, submitted a motio...

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High Court of Karnataka Dismisses Revision Petitions Challenging Rejection of Private Complaints for Want of Sanction Under Section 197 CrPC. The court upheld the order of the Special Judge rejecting complaints against public servants as the alleged acts were in discharge of official duties and no sanction was obtained....

The petitioner, Shri Vinod B., an advocate, filed four private complaints before the Principal District and Sessions Judge and Special Court for Lokayukta at Shivamogga against various public figures ...

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High Court Allows Appeal in Income Tax Case: Sales to Other STP Units Qualify as Deemed Export Under Section 10A of Income Tax Act, 1961. The court held that software development services provided to another STP unit, which ultimately exports the software, constitute export for deduction purposes....

The assessee, M/s. Tata Elxsi Limited, a registered Software Technology Park (STP) unit, claimed deduction under Section 10A of the Income Tax Act, 1961, for profits from its STP unit. The Assessing O...

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High Court of Karnataka Dismisses Husband's Writ Petition Challenging Family Court's Jurisdiction in Wife's Maintenance Claim Under Section 125 CrPC. Wife's Residence at Mangalore Confers Jurisdiction on Family Court Under Section 126(1)(b) CrPC....

The petitioner husband and respondent wife were married on 13.06.2010 and were estranged. The wife filed a petition under Section 125 CrPC before the Family Court at Mangalore on 12.11.2013, seeking m...

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Karnataka High Court Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration of ownership and challenge to will dismissed as plaintiffs failed to prove title and possession....

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30-03-2009 pas...

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High Court of Karnataka Dismisses Revenue's Appeal in Trust Registration Cancellation Case. ITAT's order restoring registration under Section 12AA of Income Tax Act, 1961 upheld as Commissioner lacked jurisdiction to cancel registration after expiry of limitation period....

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, challenging an order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench, dated 11.8.2011. The ITAT had...