Karnataka High Court Monthly Digest - October 2023

Citations: 2023 LiveLaw (Kar) 375 To 2023 LiveLaw (Kar) 418Nominal Index:Bhimappa Gundappa Gadad And State of Karnataka. 2023 LiveLaw (Kar) 375ABC & State of Karnataka & Others. 2023 LiveLaw (Kar) 376K Y Nanjegowda & Others And State of Karnataka & ANR. 2023 LiveLaw (Kar) 377High Court of Karnataka And Dr Ekta Singh. 2023 LiveLaw (Kar) 378Shivamma & Others AND Govind...

Karnataka High Court Weekly Round-Up [December 18 To December 24, 2023]

Citations: 2023 LiveLaw (Kar) 479 To 2023 LiveLaw (Kar) 499Nominal Index:Nitin Kasliwal And Debt Recovery Tribunal I. 2023 LiveLaw (Kar) 479Indian Rail Mazdoor Union And The Chairman And Chief Executive Officer Railway Board & Others. 2023 LiveLaw (Kar) 480M/s B M Habitat AND The Commissioner And Competent Authority. 2023 LiveLaw (Kar) 481Laxman Warad & Others AND Town Municipal...

Father Attempting To Visit Daughter Does Not Tantamount To House Trespass If Mother Refuses To Comply With Visitation Rights: Karnataka HC

The Karnataka High Court has quashed a case of criminal intimidation and trespass initiated by a woman against her former husband who visited her house to meet their daughter as per the visitation rights granted to him by the competent court.A single judge bench of Justice M Nagaprasanna allowed a plea under Section 482 of the CrPC by the petitioner who was charged under sections 504, 506 and...

Finance Act, 1984 | Civic Body Not Exempt From Paying Service Tax On Payments Made For Obtaining Third-Party Services: Karnataka High Court

The Karnataka High Court has held that the Bruhat Bengaluru Mahanagara Palike (BBMP)/civic body would not be exempted from the payment of service tax on payments made for availing third-party services to impart computer education to persons belonging to economically weaker sections.A single judge bench of Justice Suraj Govindaraj allowed the petitions filed by Vasundhara A.G.K and others and...

BBMP Can't Refuse To Clear Contractor's Bill By Contending Documents Of Work Order Were Seized By Investigation Agencies: Karnataka High Court

The Karnataka High Court has made it clear that the Bruhat Bengaluru Mahanagara Palike (BBMP) cannot refuse to clear a Civil contractor's bill, by raising a contention that documents on the work/supply order granted to the contractor were seized by investigating agencies.A single judge bench of Justice Suraj Govindaraj said “The Departmental Head or Chief Commissioner of the Corporation...

Karnataka High Court Directs NFAC To Refund Rs.29.30 Cr. With Interest To Myntra

The Karnataka High Court has directed the National Faceless Assessment Centre (NFAC) to refund Rs. 29.30 crore with interest under Section 244A of the Income Tax Act to Myntra Designs Pvt. Ltd.The bench of Justice B. M. Shyam Prasad has observed that if indeed a reference to the transfer pricing officer is under investigation, it would suffice for this Court to observe that if the...

Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court

The Karnataka High Court has held that reassessment proceedings cannot be in the nature of review.The bench of Justice S. Sunil Dutt Yadav has observed that the material that has come to light in the assessment proceedings for the assessment year 2008–2009 cannot be sufficient grounds to resort to reassessment proceedings.The petitioner/assessee has challenged the notice issued under...

NI Act | Promissory Note Conferring On Payer A Right To Recover As Per Law Does Not Dilute Unconditional Undertaking: Karnataka HC

The Karnataka High Court has held that a mention in promissory note, that the payer is at liberty to proceed against the note creator's property if he fails to repay, is an additional condition that does not contravene Section 4 of the Negotiable Instruments Act, which stipulates that a promissory note must contain an unconditional undertaking to pay.A Single Judge Bench of Justice Sachin...

Karnataka HC Allows Plea For Family Pension By 2nd Wife Of Deceased Railway Employee, Says Pension Rules Recognises Equal Share For Widows

The Karnataka High Court has allowed a petition filed by the second wife of a railway employee seeking the release of 50% family pension by the authorities on the death of the employee in the course of employment.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Pusha who had approached the court challenging the order dated 29-07-2022 passed by the trial court...

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court

The Karnataka High Court has dismissed an appeal challenging a Labour Court award, whereby an employee dismissed from service due to intermittent absence from work for attending to ailing relatives was ordered to be reinstated.While dismissing the appeal, which was filed against the order of a Single Judge of the court that confirmed the award, the division bench of Chief Justice Prasanna...

Shocked That FRRO Converted Medical Attendant Visa To Medical Visa Without Verifying Documents: Karnataka HC Denies Visa Extension To Yemeni National

The Karnataka High court has refused to grant relief to a Yemeni national who had approached the court seeking a direction to the authorities to extend his visa.A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Mohammed Noman Ahmed Almeri, rejected his contention that bilateral relations between Yemen and India, be kept in mind while considering the...

Karnataka High Court Quashes Corruption Case Against Former BJP MLA K Madal Virupakshappa

The Karnataka High Court has quashed a criminal prosecution initiated under the Prevention of Corruption Act, against former Bharatiya Janata Party legislator, K Madal Virupakshappa.A single judge bench of Justice M Nagaprasanna said “There is no allegation of ingredients of Section 7(a) and (b) of the Act against the petitioner. If there is not even a whisper of any demand or acceptance...