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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challengin...

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Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002.

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarw...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Adjudicates Death Sentence Confirmation and Appeals against Conviction in 2000 Church Bomb Blast. Accused were convicted under Sections 120-B, 121-A, 124-A, 153-A IPC by Trial Court for conspiracy and bomb blast at St. Peter and Paul Church, Bangalore.

The High Court of Karnataka at Bengaluru heard together a criminal reference for confirmation of death sentence and two criminal appeals arising from ...

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High Court of Karnataka Disposes of Death Reference and Appeals Arising from 2000 Church Bomb Blast Case. Accused Allegedly part of Deendar Anjuman, charged with conspiracy under IPC Sections 120-B, 121-A, 124-A, 153-A.

On December 17, 2014, the High Court of Karnataka delivered a common judgment in Criminal RC No. 3/2008, Criminal Appeal No. 1203/2008, and Criminal A...