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High Court of Karnataka Allows Writ Petition for Correction of Award in Land Acquisition Case — Interest from Date of Possession Granted. The court held that interest on compensation under Section 34 of the Land Acquisition Act, 1894 is payable from the date of taking possession, not from the date of preliminary notification, and the trial court erred in dismissing the application under Section 152 CPC....

The petitioners, Mudalagirigowda and K V Suresha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 06.02.2013 passed by the Senior Civil Judge a...

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  • 104
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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Disallowance of Expenditure Under Section 40(a)(i) of Income Tax Act, 1961 Not Applicable to Payments Made to Non-Resident Without Deduction of Tax at Source When Payment is Not Chargeable to Tax in India. The court held that Section 40(a)(i) only applies to payments chargeable to tax in India, and since the royalty payment to a non-resident was not chargeable, no disallowance could be made....

The case involves appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 21-12-2006. The assessee...

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  • 99
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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property....

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to restrain the respondents from interfering with he...

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  • 129
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High Court of Karnataka Dismisses Writ Petition Challenging Administrative Orders in Contempt Proceedings — Petitioner, a District Judge, Failed to Show Violation of Fundamental Rights or Statutory Provisions. The Court Held That Orders Passed by the Registrar General and the High Court in Administrative Side Were Not Subject to Judicial Review Under Articles 226 and 227 of the Constitution of India....

The petitioner, Kotravva Somappa Mudagal, a District Judge, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking to ...

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  • 138
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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Disallowance of Expenditure Under Section 40(a)(i) Not Applicable to Payments Made to Non-Resident for Services Rendered Outside India. The court held that Section 40(a)(i) of the Income Tax Act, 1961 does not apply to payments made to a non-resident for services rendered outside India, as the income does not accrue or arise in India....

The case involves appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961 against orders of the Income Tax Appellate Tribunal (ITAT), Bangalore. The respondent-assessee, M/s. Siem...

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  • 105
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High Court of Karnataka Dismisses Assessee's Appeal in LPG Bottling Deduction Case — Bottling of LPG Gas Does Not Amount to Manufacture or Production Under Section 80IB of the Income Tax Act, 1961. The Court held that mere bottling of LPG gas without any change in its essential character does not constitute manufacture or production, and thus the assessee is not entitled to deduction under Section 80IB....

The assessee, M/s Puttur Petro Products Pvt Ltd, an LPG bottling company, filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) ...

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  • 145
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High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925....

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 23.01.2010 passed by the Presiding Offi...

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High Court of Karnataka Dismisses Appellant's Regular Second Appeals in Property Partition Suit — Upholds Concurrent Findings Granting One-Half Share to Respondent. No Substantial Question of Law Arises Under Section 100 CPC....

The appellant, Sri Nanjaiah, filed two Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 7.6.2008 passed by the Prl. District Jud...

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  • 93
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High Court of Karnataka Dismisses Writ Petition Challenging Appellate Tribunal's Order in Co-operative Bank Loan Dispute — Petitioner Failed to Deposit 50% of Award Amount as Required Under Section 18 of Karnataka Co-operative Societies Act, 1959....

The petitioner, A. Shambandhan, borrowed a loan from the Mysore Merchants Co-operative Bank Limited (respondent No.1). He became a defaulter, leading the bank to raise a dispute under Section 70 of th...

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  • 127
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Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Possession and Title Over Suit Property; Courts Below Correctly Held That Plaintiff Was Not in Possession and That Defendants Were in Possession....

The appellant, Nagarathnamma, was the plaintiff in a suit for declaration of title and permanent injunction in respect of certain immovable property. She claimed that she was the owner and in possessi...

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