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Karnataka High Court

Provisional attachment order passed without valid reasoning is untenable

December 29, 2022 1476 Views 0 comment Print

Karnataka High Court held the provisional attachment order unjustifiable as the same was passed simply stating that there is likely addition of the amount without mentioning of any valid and cogent reasons.

Failure to discharge statutory duty/obligation by refund sanctioning authority would be entitled to interest

December 28, 2022 699 Views 0 comment Print

HC set aside the order passed by the Deputy Commissioner denying the interest to the assessee for delayed refund and granted relief under Section 11BB of the Central Excise Act, 1944 (CE Act) to pay the interest at the rate of 6% per annum for committing delay in issuing service tax refund order.

Burden lies on insurance company to prove that licence of driver was fake

December 28, 2022 1098 Views 0 comment Print

The burden lies on the Insurance Company to prove the same except relying upon the endorsement, nothing is placed on record and also the author of the document has not been examined.

HC set-aside order passed without considering petitioner’s request for grant of additional time

December 20, 2022 1353 Views 0 comment Print

ABB Global Industries Vs Union of India (Karnataka High Court) Karnataka High court In case of ABB Global Industries and services Pvt Ltd, Quashed the order passed by the PO on reason of natural justice , as petitioner requested additional time for hearing , PO rejected and passed the order FULL TEXT OF THE JUDGMENT/ORDER OF […]

Directors cannot be prosecuted for cheques issued after they ceased to be Directors of Company

December 12, 2022 462 Views 0 comment Print

Sunita W/O Bharatkumar Aitawade Vs Vidya W/O Sagar Aitawade (Karnataka High Court) The cheque in question was issued on 01.08.2019. The petitioners, who were the Directors of the Company, ceased to be the Directors of the Company with effect from 22.03.2017 which is evident from the Form No.DIR-12 issued by Registrar of the Companies and the same […]

Banks cannot Initiate recovery For Non-Payment of EMI Due to Default of Builder/Developer  

December 9, 2022 16044 Views 0 comment Print

Mudit Saxena Vs Union of India (Karnataka High Court) Banks Can Not Initiate Recovery of Loan From Homebuyers For Non-Payment of EMI Due to Default on the part of the Builder/Developer (Karnataka High Court): RERA In a significant order, Karnataka High Court prohibits Punjab National Bank Housing Finance Limited (PNBHFL) from using coercive means to […]

GST registration restored on sufficient cause shown for non-payment of GST

December 7, 2022 789 Views 0 comment Print

Karnataka High Court directed restoration of GST registration as non-payment of GST and non-filing of GST return, on account of bonafide reasons, unavoidable circumstances and sufficient cause du;u accepted

Stamp duty expenditure for public subscription of share/ debenture is allowable u/s 35D

December 2, 2022 1992 Views 0 comment Print

Karnataka High Court held that the expenses incurred towards stamp duty in connection with issue for public subscription of shares or debentures of the company is an allowable expenditure under section 35D of the Income Tax Act.

Contravention of section 269SS of Income Tax Act doesn’t vitiate offence u/s 138 of Negotiable Instrument Act

December 1, 2022 2259 Views 0 comment Print

Karnataka High Court held that contravention of provisions of section 269SS of the Act doesn’t make the entire transaction of loan void. Non-payment of the same held guilty of commission of offence under section 138 of Negotiable Instruments Act, 1881.

Wife Cannot Be prosecuted For Cheque Issued By Her Husband

November 24, 2022 12258 Views 0 comment Print

HC held that wife cannot be made accused for dishonor of the cheque issued by her husband and he alone can be prosecuted for the same.

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