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Karnataka High Court

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

April 17, 2022 2616 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 3237 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 1599 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 1530 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 963 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 41091 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 1911 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 […]

Insurance Company Not Liable to Pay Compensation if Heavy Goods Vehicle is Driven by Person Holding LMV License

March 17, 2022 3246 Views 0 comment Print

Mahantesh Vs Smt. Netharavati (Karnataka High Court) The undisputed facts of the case are that in the road traffic accident that had occurred on 23.11.2014, wherein the offending tipper lorry bearing registration No.KA-27/A-8377 was involved, the minor daughter of the claimants baby Kalpana, aged about 2 years had died. It is not in dispute that […]

Wearing of hijab is not Essential Religious Practice in Islam: HC

March 16, 2022 6696 Views 0 comment Print

Hon’ble Karnataka High Court held that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith.

Swiggy Case: GST recovered at the time of search/inspection not Voluntary

March 14, 2022 3576 Views 0 comment Print

Union of India Vs  Bundl Technologies Private Limited (Karnataka High Court) In this case The Officers of the Department entered the premises of the Company on 28.11.2019 at 10.30 a.m. During the course of the investigation from 28.11.2019 till 30.11.2019, DGGI Officers issued spot summons to the Directors and employees of the Company and their […]

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