Karnataka High Court

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Negligence of KSRTC Bus Driver Established. Claimant awarded increased compensation for injuries sustained in bus accident under Motor Vehicles Act, 1988....

The case involves two appeals arising from a motor accident claim. The claimant, Smt. Reshma S. Ganga, was a passenger in a KSRTC bus on 23.02.2009 when the bus driver applied sudden brakes to avoid c...

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High Court of Karnataka Quashes FIR Against Advocate in Criminal Breach of Trust Case — Allegations of Collusion with Business Rivals Not Substantiated. Petitioner, a practicing advocate, was accused of colluding with business rivals of his former client to fabricate documents and commit fraud under Sections 409, 420, 467, 468, 471, 120B IPC....

The petitioner, Gururaj Joshi, a practicing advocate, was arrayed as accused No.2 in Crime No.77/2011 registered at Chikkanayakanahalli Police Station for offences under Sections 409, 420, 467, 468, 4...

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High Court of Karnataka Upholds Labour Court Award for Regularisation of Contract Workers in KPCL — Denies Back Wages. The court held that contract workers performing perennial work under direct supervision are entitled to regularisation under Section 10(1)(c) of Industrial Disputes Act, 1947, but back wages are not automatic....

The petitioner, Kirujala Vidyut Yojana (Contractor Karmik Sangh), a union representing 27 workmen, filed a writ petition challenging the award dated 06.05.2006 passed by the Labour Court, Gulbarga, in...

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High Court of Karnataka Dismisses Revenue Appeals in Central Excise Classification and Cenvat Credit Disputes. The court held that the definition of 'input service' under the Cenvat Credit Rules is broad and classification of goods must be based on predominant function and commercial understanding....

The judgment involves a batch of appeals filed by the Commissioner of Central Excise under Section 35G of the Central Excise Act, 1944, against orders of the Customs, Excise and Service Tax Appellate ...

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High Court of Karnataka Allows Petition in Trespass and Theft Case — Quashes Police Endorsement Refusing FIR. Police Duty to Register FIR for Cognizable Offence is Mandatory; Investigation Transferred to City Crime Branch for Fair Probe....

The petitioners, owners of land in Ujire village, filed a complaint on 10.5.2014 alleging that on 9.5.2014 at 8.00 pm, a group led by Mahesh Shetty Thimarody trespassed into their arecanut plantation ...

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High Court of Karnataka Dismisses Revenue Appeals in Central Excise Classification Disputes — Cenvat Credit and Valuation Issues Decided. Classification of goods under Central Excise Tariff Act, 1985 and eligibility for Cenvat Credit under Cenvat Credit Rules, 2004 determined based on functional use and technical literature....

The judgment involves multiple appeals filed by the Commissioner of Central Excise under Section 35G of the Central Excise Act, 1944, against orders of the Customs, Excise and Service Tax Appellate Tr...

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High Court of Karnataka Dismisses Revenue Appeal in Income Tax Case — Transfer of Capital Asset from Sole Proprietorship to Company Held as Succession Under Section 47(xiv) of Income Tax Act, 1961. Capital gains arising from transfer of proprietary concern to a company where the assessee holds at least 50% shares is exempt from tax....

The revenue (appellant) filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) dated 14.06.2013 in ITA No.154/Bang/2013 for the a...

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High Court of Karnataka Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 60% to 50% and Enhances Compensation. The court held that both drivers were equally negligent and enhanced conventional damages following Rajesh v. Rajbir Singh....

The appeal was filed by the claimants, legal representatives of deceased D. Narayanadas, against the judgment and award dated 14th February 2011 passed by the Senior Civil Judge & Motor Accident Claim...

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High Court of Karnataka Examines Validity of Registration and Summoning Orders in Multiple Cases Under Karnataka Police Act Section 78(3). Petitioner Seeks Quashing of Criminal Proceedings Alleging Procedural Irregularities....

The petitioner approached the High Court under Section 482 of the Code of Criminal Procedure, 1973, seeking to set aside the orders registering criminal cases and summoning him in 43 cases for alleged...