Karnataka High Court

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC....

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of Mysore. The bank filed a suit for recovery of Rs. 5,...

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High Court of Karnataka Allows Appeal in Part in Recovery Suit — Interest on Principal Amount Granted from Date of Suit Till Realization. The Court held that the first appellate court erred in waiving interest entirely, and the plaintiff is entitled to interest at 6% per annum from the date of suit till payment....

The appellant-plaintiff filed a suit in O.S.No.143/2000 for recovery of Rs.77,658.75 with interest at 18% per annum and costs, arising from a tobacco transaction where the defendant issued a cheque th...

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High Court of Karnataka Quashes Criminal Proceedings Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Initiation of prosecution against a public servant without prior sanction under Section 197 CrPC is void ab initio....

The petitioner, Sri Labhuram, a Deputy Commissioner of Police (Crime) in Bangalore, filed a petition under Section 482 CrPC seeking to quash the order dated 05.07.2012 passed by the JMFC, Suliya, in P...

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High Court of Karnataka Quashes Penalty Orders Against Directors for Non-Deduction of TDS on Interest Paid to Non-Resident — Failure to Comply with Section 195 of Income Tax Act, 1961...

The petitioners, Sri A.S. Chinnaswamy Raju and Sri C.S. Sunder Raju, directors of M/s Sunray Computers Pvt. Ltd., challenged two orders dated 14.11.2013 passed by the Income Tax Officer (International...

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High Court of Karnataka Dismisses Petition Seeking Stay of Divorce Proceedings Pending Nullity Petition Under Section 10 CPC. Nullity and Divorce Petitions Under Hindu Marriage Act, 1955 Involve Distinct Matters in Issue, Hence Section 10 CPC Stay Not Applicable....

The petitioner husband and respondent wife were married on 17 June 2010. The petitioner filed M.C. No. 43/2013 under Section 12 of the Hindu Marriage Act, 1955 before the Family Court at Bangalore see...

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Karnataka High Court Adjudicates Classification of Electrical Insulated Press Board Under Third Schedule of KVAT Act, 2003. Assessee's Claim for Lower Tax Rate as 'Paper' is Examined Under Common Parlance and Trade Parlance Tests....

The assessee, a registered dealer under the CST Act and KVAT Act, manufactured and sold Electrical Insulated Press Board (High Density Board) used in transformers as insulation. The dispute pertained ...

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Karnataka High Court Dismisses Appellant's Specific Performance Suit for Lack of Readiness and Willingness — Agreement Holder Not Entitled to Equitable Relief. Concurrent findings affirmed that appellant failed to prove readiness and willingness under Section 16(c) of Specific Relief Act, 1963....

The dispute pertains to a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellant, Smt H Lalithamma, claimed that she entered into an agree...

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Karnataka High Court Dismisses Appellant in Urban Land Ceiling Case Due to Delay and Laches and Third-Party Rights. Challenge to declaration of excess land under ULCAR Act fails as possession taken and land allotted to beneficiaries....

The appellant, Vaijayanti W/o Prabhakar Patil, representing the estate of Yeshwant Kittur, filed intra-court appeals against the order of a learned single Judge dismissing her writ petitions (WP Nos.6...

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Karnataka High Court Dismisses Appeals and Cross Objection in Specific Performance and Possession Dispute Over KHB Allotted House. Agreement Holder Fails to Prove Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963....

The case involves a dispute over a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellants, Smt H Lalithamma and Vemareddi, claimed that t...

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High Court of Karnataka Quashes Show-Cause Notice for Cancellation of Land Grant — Notice Lacks Required Grounds Under Rule 108-K of Karnataka Land Revenue Rules, 1966. The court held that a show-cause notice for cancellation of land grant must specify grounds of false or fraudulent representation or contravention of rules; otherwise, it is unsustainable....

The petitioner, Smt. Leelavathi Rai, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging a show-cause notice dated 04.08.2014 issued by the Deputy Commissioner, D....