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High Court

High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

5 Oct 2018

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

High Court

High Court of Karnataka Dismisses Refund Claim of CENVAT Credit as Time-Barred Under Section 27 of Customs Act, 1962 — Limitation Period Starts from Date of Payment of Duty, Not from Date of Final Assessment.

16 Oct 2017

The petitioner, M/s. Supertron Electronics Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking to qu...

High Court

High Court of Karnataka Allows Writ Petition in VAT Discount Deduction Case — Reassessment Order Set Aside Following Binding Precedent. The court held that discounts allowed to customers after sale via credit notes are deductible under Section 30 of the KVAT Act read with Rule 31 of the KVAT Rules, and the reassessment under Section 39(2) was barred by limitation.

16 Feb 2016

The petitioner, M/s Pratham Motors Private Limited, a dealer in cars, filed writ petitions under Articles 226 and 227 of the Constitution of India cha...

High Court

High Court of Karnataka Dismisses Insurer's Appeal and Allows Claimants' Cross-Objections in Motor Accident Claim — Negligence of Driver Proved, Compensation Enhanced. The court upheld the Tribunal's finding of negligence against the driver of the insured vehicle and enhanced compensation from Rs. 2,90,000/- to Rs. 4,50,000/- with interest at 8% p.a. under the Motor Vehicles Act, 1988.

17 Oct 2016

The case arises from a motor accident claim petition filed by the parents of a deceased 17-year-old boy, who died in a road accident involving a vehic...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Workmen Compensation and Motor Accident Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. Negligence and Employer-Employee Relationship Established; No Substantial Question of Law Raised Under Section 30(1) of Workmen's Compensation Act, 1923 and Section 173(1) of Motor Vehicles Act, 1988.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Consider Sufficient Cause for Absence Under Section 151 CPC.

10 Mar 2015

The appellant, Mr. K. Krishnaraj Hegde, filed an election petition under Section 21 of the Karnataka Municipal Corporation (Election) Act 1979 before ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Workmen's Compensation Case Due to Erroneous Assessment of Loss of Earning Capacity. Commissioner's Award Set Aside and Remanded for Fresh Assessment Based on Medical Evidence Under Workmen's Compensation Act, 1923.

25 Mar 2015

The appeal was filed by the Oriental Insurance Company against the order of the Labour Officer and Commissioner for Workmen's Compensation, Sub Divisi...

High Court

High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Provide Sufficient Opportunity to Appellant Before Dismissal Under Section 21 of Karnataka Municipalities Act, 1964.

10 Mar 2015

The present appeal was filed under Section 27 of the Karnataka Municipalities Act, 1964, challenging the order dated 11.11.2013 passed by the Senior C...

High Court

High Court of Karnataka Partly Allows Insurance Company's Appeal, Reduces Compensation in Workmen's Compensation Case. Commissioner's assessment of 100% loss of earning capacity set aside as contrary to medical evidence showing 26% disability under Section 4(1)(c) of Workmen's Compensation Act, 1923.

25 Mar 2015

The appeal was filed by the Oriental Insurance Company under Section 30(1) of the Workmen's Compensation Act, 1923, against the order dated 19th June ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Insurers Upheld. Claimant's petition under Section 163A of Motor Vehicles Act, 1988 allowed to be converted to Section 166, and compensation enhanced from Rs. 4,50,000 to Rs. 7,50,000 with 6% interest.

6 Jan 2014

The case arises from a motor accident claim filed by Smt. Omana Chetan, widow of late S.R. Chetan, who died in a road accident. The claimant initially...

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