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Karnataka High Court

Commercial Tax office hubs of corruption- HC upheld Corruption charges against Officer 

March 4, 2022 2049 Views 0 comment Print

It is the common experience that Commercial Tax office, is considered to be one of the the hubs of corruption. Poor and gullible drivers would fell prey for the illegal demands day in and day out. Only when the greed is too high, some cases reach the higher ups or the Lokayuktha.

Properties given as dowry will form part of Suit Instituted by Daughter under Hindu Succession Act

March 1, 2022 2895 Views 0 comment Print

In a suit for partition, the properties which had been given as dowry or otherwise at the time of marriage of the daughter plaintiff, claiming a right of partition under Section 6 of the Hindu Succession Act, would be amenable for partition and the same would have to be included in a suit for partition.

Truck owner Registration number not relevant to decide Section 194C applicability

February 22, 2022 2082 Views 0 comment Print

Registration number of truck owner is not relevant for deciding applicability of Section 194C but it is personnel/truck operator from whom trucks are hired.

HC strike down Provisions of Karnataka Police (Amendment) Act banning Online Gaming

February 21, 2022 10335 Views 0 comment Print

All India Gaming Federation Vs State of Karnataka (Karnataka High Court) Held by High Court 1. The provisions of Sections 2, 3, 6, 8 & 9 of the Karnataka Police (Amendment) Act 2021 i.e., Karnataka Act No.28 of 2021 are declared to be ultra vires the Constitution of India in their entirety and accordingly are […]

IGST not payable on residential dwelling rented for the purpose of hostel

February 16, 2022 18525 Views 1 comment Print

HC held that the service provided by the petitioner i.e., leasing out residential premises as hostel to students and working professionals is covered under Entry 13 of Notification No.9/2017 dated 28.09.2017 namely ‘Services by way of renting of residential dwelling for use as residence’ issued under the Act. The petitioner is held entitled to benefit of exemption notification.

Section 63 of Copyright Act is a cognizable offence, hence police can register FIR on receiving complain

February 5, 2022 8121 Views 0 comment Print

Karnataka HC: Ola Cabs face copyright infringement charges by Lahari Recording Company for displaying music videos in Ola Prime cabs. Legal analysis included.

Bank needs to give benefit of interest rate reduction to all customers even if customer not opted for same

January 30, 2022 2016 Views 0 comment Print

Shekar B.S. Vs Chief General Manager, Syndicate Bank (Karnataka High Court) Bank’s justification is, petitioner has not opted for switchover to a new system. The fact remains that bank has reduced the rate of interest from 11.75% to 8.25% with effect from 24.01.2017. It is a housing loan. The stand taken by the bank that […]

CST not payable If movement of goods from one state to other occasions export

January 28, 2022 2169 Views 0 comment Print

Parle Products Pvt. Ltd. Vs State of Karnataka (Karnataka High Court) The petitioner – assessee is a manufacturer and dealer of consumer goods under provisions of the Karnataka Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956 (‘CST Act’ for short). The returns in Form VAT 100 were filed by the assessee […]

Department not justified in encashing bank guarantee & invoking continuity bonds before expiry of statutory appeal period of 60 days

January 28, 2022 1029 Views 0 comment Print

FCI OEN Connectors Limited Vs Union of India (Karnataka High Court) The limited point that arises for consideration is, whether the respondents were justified in encashing the bank guarantee and invoking the continuity bonds before expiry of the statutory appeal period of 60 days from the date of the order dated 10.03.2021. As rightly contended […]

Allowing less than 24 Hours to respond to SCN is Violation of Principles of Natural Justice

January 27, 2022 6834 Views 2 comments Print

Where a response was sought by the Assessing Officer to the show cause notice, giving less than 24 hours, it has been held to be arbitrary resulting in palpable injustice. Thus, without going into merits or demerits of the case, it would be suffice in restoring the proceedins to the Assessing Officer to provide reasonable opportunity of hearing to the petitioner with liberty to file additional reply, annulling the assessment order.

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