Karnataka High Court

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque Due to Improper Appreciation of Evidence. Presumption under Section 139 of N.I. Act stands unless rebutted by accused; mere denial of signature or receipt of notice insufficient to rebut presumption....

The appellant, CREF Finance Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Sree Shanthi Homes Private Limited and its Managing Dire...

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Karnataka High Court Allows Appeal in Property Declaration Suit — Finds Trial Court Erred in Decreeing Suit Without Proper Consideration of Evidence. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession....

The appeal arises from a judgment and decree dated 16.01.2006 passed by the Civil Judge (Sr.Dn.), Doddaballapur, in OS No.275/2002 (old No.76/2001), decreeing the suit for declaration and permanent in...

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High Court of Karnataka Dismisses Union of India's Appeal in Patent Term Calculation Case — Patent Term Runs from Date of Grant Under Section 53 of Patents Act, 1970. The court held that the period of a patent is to be reckoned from the date of grant, not from the date of application, as the patentee's rights commence only upon grant....

The Union of India appealed against an order of a single judge of the Karnataka High Court in W.P.No.33170/2004 dated 03.12.2007. The single judge had held that the period of a patent granted to Dr. R...

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High Court of Karnataka Dismisses State's Revision Petitions in Luxury Tax Case — Hotels Not Liable for Tax on Complimentary Services. The court held that complimentary services provided to guests staying in hotels do not constitute 'luxury' under the Karnataka Tax on Luxuries Act, 1979, and cannot be included in the taxable turnover....

The State of Karnataka, through the Commissioner of Commercial Taxes, filed revision petitions under Section 11-A of the Karnataka Tax on Luxuries Act, 1979, against a common order of the Karnataka Ap...

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High Court of Karnataka Hears Appeals Against Single Judge's Order Quashing Establishment of Three Road Transport Corporations. The Division Bench Describes the History of KSRTC but the Available Text Does Not Contain the Final Decision....

The appeals arose from a common order of the learned Single Judge in Writ Petition No. 22194 of 1997 dated 02.07.2007, which quashed orders and notifications by which the State had established three R...

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High Court of Karnataka Dismisses Assessee's Appeal in Income Tax Case — Unexplained Cash Credit of Rs.40 Lakhs Confirmed as Income Under Section 68 of Income Tax Act, 1961. Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Loan Transactions....

The appellant, Shri Basayya R Nandegol, a civil contractor, filed his return of income for the assessment year 2007-08 declaring a total income of Rs.40,94,690/-. The return was processed under Sectio...

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High Court of Karnataka Allows BDA Appeal, Sets Aside Interim Status Quo Order in Land Acquisition Dispute. Civil Court Lacks Jurisdiction Over Acquired Land Under Land Acquisition Act, 1894, and Plaintiff's Sale Deeds After Acquisition Confer No Title or Lawful Possession....

The appeal by the Bangalore Development Authority (BDA) arose from an interim order passed by the City Civil Court in OS 7025/2012, which directed maintenance of status quo regarding Site No.4C-420, p...

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High Court of Karnataka Allows Appeal in Partition Suit — Daughters Entitled to Equal Share in Joint Family Property. The court held that daughters are coparceners by birth under Section 6 of the Hindu Succession Act, 1956, as amended in 2005, and are entitled to equal share in the joint family property....

The case pertains to a partition suit filed by the appellants, who are daughters of the deceased Basalingayya Hiremath, seeking a share in the joint family property. The trial court partly decreed the...

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High Court Allows Appeal in Central Excise Refund Case — Assessee Passed on Duty Incidence to Customers, Refund Claim Rejected. Section 12B of Central Excise Act, 1944 bars refund if duty burden shifted to others....

The appellant, M/s. Toyota Kirloskar Motor Ltd., is engaged in manufacturing passenger utility vehicles and parts thereof, which are excisable under Chapter 87 of the Central Excise Tariff Act, 1985. ...