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Karnataka High Court Quashes Cancellation of CL-2 Licences for Alleged Distance Violation — Held That Rule 8(2) of Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 Does Not Apply to Shops Existing Before 2002 Amendment and That Show Cause Notice Must Precede Cancellation.

The judgment concerns two writ petitions filed by M/s. Shankar Wines and M/s. Blue Peacock Ventures, both holders of CL-2 licences under the Karnataka...

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Karnataka High Court Quashes Compounding Fee Demand Under Section 96(4) of Karnataka Land Revenue Act, 1964 for Want of Prior Conversion of Patta Land. Quarrying Activity Commenced When Law Did Not Require Conversion as per Shakeel Pasha v. N. Sivasailam, Hence No Violation of Section 95.

The petitioner, a mineral company holding three quarrying licences granted in 2000 and 2002 for extraction of pink granite on patta agricultural lands...

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Bombay High Court Partially Allows Appeal in Motor Accident Claim — Enhances Compensation and Holds Insurance Company Liable Despite Driver's Invalid Licence. The Court applied multiplier 14 and added future prospects, and held Insurance Company liable to pay with right to recover from owner.

The appeal arises from a motor accident claim petition filed by the dependents of a deceased who died in a truck accident on 24.11.2006. The deceased ...

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High Court of Karnataka Directs Excise Authorities to Consider Representation for License Transfer Under Rule 5-A(3) of Karnataka Excise Rules. Petitioner sought transfer of CL-2 license as son of deceased licensee; court issued mandamus for consideration of pending representations.

The petitioner, Vijayakumar Deshmukh, claiming to be the son of late Mallikarjun Reddy Deshmukh, filed a writ petition under Articles 226 and 227 of t...

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Bombay High Court Quashes Divisional Commissioner's Order Cancelling Explosives Licence for Violation of Natural Justice. Failure to Provide Copy of Appeal and Hearing to Licencee Renders Appellate Order Unsustainable Under Explosives Act, 1884.

The petitioner, Kalunath Jogi, was granted an explosives licence under the Explosives Act, 1884 by the Additional District Magistrate, Yavatmal, vide ...

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Bombay High Court Allows Petition Challenging Excise License Suspension for Lack of Personal Hearing. Suspension Order Set Aside as Violative of Natural Justice Under Maharashtra Excise Rules, 1963.

The petitioners, Lokranjan Breweries Private Limited and another, filed a writ petition before the Bombay High Court challenging an order dated March ...

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Karnataka High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Lack of Tangible Material and Mere Change of Opinion. Reopening of Assessment After Full Disclosure and Acceptance of Logo Fee as Revenue Expenditure in Previous Years Held Impermissible.

The writ petition was filed by the assessee, a limited company manufacturing kitchen appliances, challenging a notice dated 11.02.2014 issued under Se...

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Bombay High Court Dismisses Petition Challenging Closure Order for Country Liquor Shop Under Section 142(1) of Bombay Prohibition Act, 1949. Licence for Sale of Country Liquor is Not a Fundamental Right and Must Yield to Public Interest.

The petitioner, Satish Damodhar Kasar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Ben...