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Gujarat High Court Quashes Penalties on Customs Broker for Importer's Misdeclaration — No Mens Rea or Knowledge of Fraud Established. Section 112(a), 112(b), 114AA of Customs Act, 1962 require active involvement or knowledge for penalty imposition on customs broker.

The petitioner, M/s. Mathuradas Narandas and Sons Forwarders Ltd., a customs broker, was engaged by GKR Traders Pvt. Ltd., the importer, to facilitate...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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High Court Dismisses Arbitration Application and Petition for Interim Measures in Partnership Dispute Over Commercial Project. No Arbitration Agreement Found in Memorandum of Understanding Dated 16 October 2017 Under Sections 9 and 11 of Arbitration and Conciliation Act, 1996, Thus Relief Denied.

The dispute arose from a partnership firm, Respondents, involved in developing 'Ventura Commercial Hub'. The petitioner, was admitted as a partner in ...

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High Court of Karnataka Quashes Criminal Proceedings in SC/ST Act Case Due to Lack of Sanction and Absence of Public View Element. Allegations of Caste-Based Insult Under Section 3(1)(v) of SC/ST Act Fail as Incident Occurred in Private Setting, Not in Public View.

The petitioners, Mallikarjun, Sharana @ Sharanappa, and Nandappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 ...

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High Court of Karnataka Quashes Criminal Proceedings in SC/ST Act Case Due to Lack of Sanction and Absence of Public View Element. Allegations of Caste-Based Insult Under Section 3(1)(v) of SC & ST (Prevention of Atrocities) Act, 1989 Failed as Incident Occurred in Private Setting, Not in Public View.

The petitioners, Mallikarjun, Sharana @ Sharanappa, and Nandappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 ...

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High Court of Karnataka Allows Release of Seized Vehicle in NDPS Case — Owner Not Accused, No Confiscation Proceedings Initiated. Vehicle Owner Entitled to Interim Custody Under Section 457 Cr.P.C. Pending Trial, Subject to Conditions Including Bank Guarantee of Rs. 1,00,000.

The petitioner, Kawal Jeet Kaur, is the registered owner of a vehicle (a truck) that was seized by the Excise Range Office, Indi, in Crime No. 105/202...

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High Court of Karnataka Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Motive. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt.

The appellant, Sharda Ura, was convicted by the trial court for the murder of the deceased under Section 302 IPC and sentenced to life imprisonment. T...

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High Court of Karnataka Dismisses Appeal in Gram Panchayat Election Tie-Breaker Case — Returning Officer's Decision to Draw Lots Upheld. Rule 73 of Karnataka Panchayat Raj (Conduct of Election) Rules, 1993 Provides for Determination of Result by Lot When Candidates Secure Equal Votes.

The appellant, Chandrakala, contested the Gram Panchayat election for Ward No.6 of Degalmadi Gram Panchayat. On 30.12.2020, the Returning Officer (res...