Karnataka High Court

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Karnataka High Court Quashes Registration of Cooperative Society for Violation of Section 6 of KCS Act — Registration Granted Without Proper Inquiry and Without Considering Objections. The court held that the Assistant Registrar must conduct a proper inquiry under Section 7 and afford hearing to objectors before registering a society....

The petitioners, who are residents and members of the locality, challenged the order dated 1.9.2014 passed by the Assistant Registrar of Co-operative Societies, Chikkaballapur Sub Division, registerin...

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High Court of Karnataka Dismisses Defamation Appeal for Lack of Publication — Statements in Reply Notices Held Not Defamatory Without Third-Party Knowledge...

The appellant, S. Nagaraj, was the complainant in a defamation case against the respondent, K. Nanda Kumar, an auditor. The appellant alleged that he had borrowed Rs. 50,000 from the respondent and ex...

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High Court of Karnataka Allows Criminal Revision Petition and Discharges Accused in CBI Cheating Case Following Full Settlement of Civil Recovery Proceedings. Compromise in Civil Proceedings Before Debts Recovery Tribunal Renders Criminal Prosecution for Cheating Under Sections 120B and 420 IPC an Abuse of Process....

The petitioners, M/s Mevida Steels Private Limited (a company), its Managing Director Gopu Shesha Sayee, and its Accountant G. Sundar Rajan, were arrayed as Accused Nos. 4, 5, and 8 respectively in Sp...

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High Court of Karnataka Quashes Private Complaint Against MLA in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that sanction for prosecution is mandatory for public servants and failure to obtain it vitiates the complaint....

The petitioner, M. Srinivas, a Member of the Legislative Assembly (MLA) of Karnataka, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of a private co...

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High Court of Karnataka Partly Allows Defendant's Petition and Dismisses Plaintiff's Revision in Summary Suit — Conditional Leave to Defend Upheld but Deposit Reduced. Court held that while the trial court had discretion to impose conditions under Order 37 Rule 3(5) CPC, the condition of depositing 50% of the suit claim was disproportionate and reduced it to 25%....

The case involves two petitions arising from an order dated 30.03.2013 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.8306/2012. The plaintiff, Bangalore International Airport L...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Lack of Conscious Possession and Procedural Lapses. Conviction under Sections 21(c), 23(c) read with 28 of NDPS Act set aside as prosecution failed to prove possession of contraband beyond reasonable doubt....

The case involves three criminal appeals arising from a common judgment of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) Bangalore in Spl.C.C.No.165/2009. The appellants...

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High Court of Karnataka Adjudicates TDS Obligations of Turf Clubs on Stake Money Payments to Horse Owners under Income Tax Act. Interpretation of Section 194B and CBDT Circulars Central to Dispute over Characterization of Stake Money as Winnings....

The case involved writ petitions filed by Bangalore Turf Club Limited, Mysore Race Club Limited, Karnataka Race Horse Owners Association, and an individual horse owner challenging notices issued by th...

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High Court of Karnataka Hears Petitions Against TDS Notices Issued to Turf Clubs Under Section 194B of Income Tax Act — Argued That Stake Money Is Not Winnings. Petitioners Contend That CBDT Circular No.467 Exempts Stake Money From TDS and That Such Payments Are Business Income Taxable Under Section 74A, Not Winnings Under Section 194B....

The batch of writ petitions before the High Court of Karnataka at Bangalore arose from notices issued by the Income Tax Department to turf clubs in Bangalore and Mysore demanding deduction of tax at s...