Recovery By Department During Pendency Of Investigation In The Name Of 'Self-Ascertainment Of Tax' U/S 74 CGST Act Is Violative To Art 265: Karnataka High Court

The Karnataka High Court held that voluntary determination by the assessee himself as regards the liability of tax, is sine qua non for 'self-ascertainment of tax' under CGST Act. The High Court therefore clarified that when notice sought to be issued u/s 74(1) indicate a fresh and complete adjudication and does not refer to short fall of actual tax required to be paid as...

Adhere To 2017 Notification On Production Of Demonitized Currency, So It Can Be Exchanged As Legal Tender: Karnataka HC To Trial Courts

The Karnataka High Court has asked trial courts, before whom demonetized banknotes have been produced by investigating agencies on or before December 30, 2016, to follow the procedure for releasing the notes mentioned in Centre's 2017 notification, so that concerned persons can exchange it for legal tender.A division bench of Justice S Sunil Dutt Yadav and Justice Ramachandra D Huddar in...

Ruchi Soya (Patanjali) – Claim Not Included In Approved Resolution Plan Stand Extinguished : Karnataka High Court

The Karnataka High Court division bench comprising Mr. Justice S.G. Pandit and Mr. Justice C.M. Poonacha has held that once a resolution plan is approved by the Adjudicating Authority under Section 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), claims which are not included in the resolution plan are extinguished, and no further proceedings can be initiated against...

Karnataka High Court Stays Order Directing OLA Cabs To Pay Compensation To Customer Who Alleged Sexual Harassment By Driver

The Karnataka High Court on Friday stayed till October 28, a single judge bench order which had directed ANI Technologies, which owns and operates OLA Cabs, to pay a sum of Rs 5 lakh towards compensation to a woman who allegedly faced sexual harassment at the hands of their driver, during a trip in 2019.A vacation bench of Justice S R Krishna Kumar and Justice M G Uma said, "The matter...

Karnataka HC Quashes Murder Case Against Accused To Save Judicial Time After Witnesses Turned Hostile In Separate Trial Against Co-Accused

The Karnataka High Court has quashed a murder case against an accused after the co-accused in the case who were tried while the accused was absconding, came to be acquitted by the trial court.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Vishwanath Koraga Shetty and quashed the proceedings pending against him for the offences punishable under Sections 143, 147,...

Terrorist Activities Are Perpetrated By Fanatics To Achieve Religious Supremacy, Must Blame Themselves If They Get Into Trouble: Karnataka HC

The Karnataka High Court refused to interfere with the decision of the Central Government to hand over the investigation in the alleged murder case of one Harsha at Shivamogga, to the National Investigation Agency (NIA).A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi, dismissed the petition filed by one Roshan A who is an accused in the case. The court said,...

Pay ₹10 Lakh To MBBS Student Who Was Denied Sports Quota Seat Despite Representing India Abroad In Chess Tournament: Karnataka HC To State

The Karnataka High Court has directed the state government to pay Rs 10 lakhs as compensation to an MBBS student and chess player, who was wrongly denied a seat under sports quota even though she had represented India abroad in Chess Competitions, compelling her to take admission in a private college on a private seat.A division bench of Chief Justice N V Anjaria and Justice K V Aravind...

Karnataka High Court Monthly Digest: September 2024

Citation No: 2024 LiveLaw (Kar) 388 to 2024 LiveLaw (Kar) 420Nominal Index:State By Mahadevapura Police Station AND Padmavathamma C. 2024 LiveLaw (Kar) 388Santhosh K S AND Dilip Kumar H & Others. 2024 LiveLaw (Kar) 389Deepa Darshan H P & ANR AND Police Inspector & ANR . 2024 LiveLaw (Kar) 390R Gopal Reddy AND Mohammed Mukaram. 2024 LiveLaw (Kar) 391Abdul Rehman & Others AND...

Individual Not Greater Than Country, Personal Liberty Subservient To National Interest: Karnataka HC Denies Bail To Alleged ISIS Operative

The Karnataka High Court has observed that whenever national interest is involved or a challenge is posed to unity, sovereignty and integrity of the nation, individual liberty recedes to background, as an individual is not greater than the Nation where he has taken birth.A division bench of Justice Sreenivas Harish Kumar and Justice J M Khazi made the observation while rejecting the bail...

Union Bank's Plea For Transfer Of Valmiki Corp Probe To CBI Not Maintainable: State To Karnataka HC, Order Reserved On Maintainability

The Karnataka government told the High Court on Monday (September 30) that the state Police has the power to investigate the case in the alleged scam pertaining to the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, which cannot be interfered with by the central government. The submission was made, while the high court was hearing a plea filed by Union Bank of...

Karnataka High Court Stays Investigation In FIR Against Nirmala Sitharaman, BJP Leaders Over Alleged Electoral Bonds Extortion

Karnataka High Court has stayed further investigation, till October 22, in a FIR registered against Union Finance Minister Nirmala Sitharaman and others for allegedly extorting money under the guise of electoral bonds.The development comes in a quashing petition filed by former State BJP President Naleen Kumar Kateel, who is co-accused in the case.The complaint filed by one Adarsh Iyer...

Courts Can Stay Divorce Proceedings Instituted By Husband Until He Pays Arrears Of Maintenance To Wife: Karnataka High Court

The Karnataka High Court has recently held that courts can stay the divorce proceedings instituted by the husband until he pays arrears of maintenance amount to the wife as ordered by the court. The observations were made, while the high court allowed a petition filed by an estranged wife and set aside the order of the trial court which had dismissed her application seeking stay on the...