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Karnataka High Court

HC upheld removal of CA member for other misconduct

May 1, 2022 1185 Views 0 comment Print

Institute of Chartered Accountant of India Vs Shri. P.P. jay (Karnataka High Court) ICAI submitted that the report of the Institute be accepted as the respondent has been found to be guilty of grave misconduct and the penalty has been imposed on the respondent commensurate to the misconduct, which has been proved. None has appeared […]

Owner can seek redemption of confiscated goods/conveyances even after confiscation order

April 25, 2022 2454 Views 0 comment Print

Shel Singh Purohit Vs Commercial Taxes Officer (Karnataka High Court) The text of provision of Sec. 129 of the Act provides for detention of the goods along with the transport vehicle and Sec.130 provides for the confiscation of the same on certain grounds, as contended by learned AGA is true; however, sub-section (2) of Sec. […]

Section 292BB cannot cure Failure to Issue Section 143(2) Notice within limitation period

April 24, 2022 951 Views 0 comment Print

PCIT Vs Cherian Abraham (Karnataka High Court) The undisputed facts are that the search was conducted in the case of a search person on 06.02.2012. Pursuant to which Section 153C proceedings were initiated against the assessee. Notice under Section 142[1] was issued on 12.09.2013 calling the assessee to file the return. Reply was filed on […]

Proviso (v) To Section 14(1) SARFAESI Act is Valid Constitutionally

April 17, 2022 2526 Views 0 comment Print

Kumaresh K Vs Union Of India and Other (Karnataka High Court) It is evident that Section 14(1)(v) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides that an application which may be submitted by the secured creditor shall be accompanied by an affidavit duly affirmed by authorized […]

Remanding matter to Trial Court lawful as issue of limitation raised for the first time before Appellate Court

April 17, 2022 3165 Views 0 comment Print

The issue of limitation for the first time is raised before the Appellate Court and the Court exercising the discretion to condone the delay did not arise at all before the Trial Court and hence I am of the opinion that the Appellate Court has not committed any error in setting aside the judgment and directing the complainant to file necessary application to condone the delay and the Trial Court by giving an opportunity to the petitioners to consider the said application.

Jurisdiction of High Court in case of international commercial arbitral award -If Property is Situated in India

April 10, 2022 1572 Views 0 comment Print

CTI Future Corporation Vs Ducgiang Chemical And Detergent Powder Joint Stock Company (Karnataka High Court) The arbitral award being an international commercial arbitral award is not in dispute, the award being rendered in Singapore is not in dispute, the enforceability of the said award in India is not in dispute in view of the notification […]

HC issues guidelines to curb the practice of fraud on the Court

April 10, 2022 1509 Views 0 comment Print

Nanjappa Vs State By Chikkajala Police Station (Karnataka High Court) (ii) The following guidelines are given to the registry and also to the District Courts all over the State to evolve mechanism with modern technology to curb the practice of fraud on the Court and verify every application for being filed for regular or anticipatory […]

HC on allowing to work from after availing maternity benefit

March 31, 2022 918 Views 0 comment Print

High Court held that Work from home after availing the maternity benefit could be given only in case where the nature of work assigned to the woman is such that it is possible for her to work from home.

NI Act: It is Not Mandatory for Magistrate to Order Payment of Interim Compensation

March 23, 2022 40896 Views 0 comment Print

Vijaya Vs Shekharappa (Karnataka High Court) Legislature has cautiously worded sub-section (1) of Section 143A of Negotiable Instruments Act, 1881 not to make it mandatory in all cases where clauses (a) and (b) of sub-section (1) would empower the learned Magistrate before whom proceedings are pending consideration to award interim compensation. It is the discretion […]

Intermediary Not Liable For Sale of Drugs without License by Vendors

March 17, 2022 1851 Views 0 comment Print

Snapdeal Pvt. Ltd. Vs State of Karanataka (Karnataka High Court) Karnataka High Court held that intermediary as defined under Section 2(w) of IT Act or its Directors/Officers would not be liable for any action or inaction on the part of the vendor/seller making use of the facilities provided by the intermediary in terms of a […]

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