Search Results for "Arbitrary Refusal"

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Bombay High Court Dismisses Second Appeal in Money Recovery Suit, Upholds Concurrent Findings on Debt and Interest. Courts below correctly relied on balance confirmation letter and power-of-attorney holder's evidence under Order 3 Rule 2 CPC.

The respondent/plaintiff filed Regular Civil Suit No. 298 of 2012 before the Civil Judge Senior Division, Kolhapur, seeking recovery of Rs. 3,05,045/-...

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High Court of Karnataka Quashes Tahsildar's Endorsement Refusing Mutation in Land Revenue Dispute — Petitioners' Title and Possession Upheld Despite Alleged Government Land. Mutation Entry Does Not Confer Title; Tahsildar Must Hear Parties Before Refusing Mutation Under Karnataka Land Revenue Act.

The petitioners, Smt. R. Suguna and Siddarth Sarnaik, purchased 8 acres of land in Sy.No.42 of Navarathna Agrahara, Jala Hobli, Bengaluru North Taluk,...

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High Court of Karnataka Quashes State Order Removing Lands from Mining Lease in Mineral Auction Dispute. Transfer of Mining Lease Valid Under Rule 22(6) of MCR 1960, State Cannot Unilaterally Excise Lease Area for Auction Without Following Due Process.

The petitioner, M/s. J.K. Cement Limited, held a mining lease (ML No. 2344A) over certain lands in Metagudda Village, Mudhol Taluk, Bagalkot District,...

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High Court of Karnataka Quashes State Transport Appellate Tribunal Order in Motor Vehicles Act Case — Lack of Jurisdiction to Review Own Orders. The Tribunal cannot review its own orders under the Motor Vehicles Act, 1988, as no power of review is conferred by the Act or Rules.

The petitioners, who are private bus operators, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dat...

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High Court of Karnataka Allows Writ Petition for Condonation of Delay in Investment Under Section 54EC of Income Tax Act, 1961 — CBDT's Rejection Set Aside. The CBDT's power under Section 119(2)(b) is not circumscribed by any time limit and must be exercised liberally to avoid hardship.

The petitioner, Dr. Sujatha Ramesh, sold an immovable property during the Assessment Year 2013-14 and realized long-term capital gains. To claim exemp...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Concurrent Findings of Fact Restored. Agreement of Sale Proved by Attesting Witness and Part Performance Established; First Appellate Court's Reversal Held Perverse.

The appellants, legal representatives of the original plaintiff, filed a second appeal under Section 100 CPC against the judgment and decree of the IV...

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High Court of Karnataka Quashes Sanction Order in Corruption Case Due to Non-Application of Mind by Competent Authority. Sanction under Section 19 of Prevention of Corruption Act, 1988 must be granted after proper consideration of all material evidence, not merely based on police report.

The petitioner, a public servant working as Deputy Electrical Inspector, was trapped by Lokayukta Police on 18.12.2010 while allegedly accepting a bri...