Karnataka High Court
No Further Recovery Of Demand Can Be Made When A Fresh Assessment Is Barred: Karnataka High Court Directs Rs.87 Crore Refund To United Spirits
The Karnataka High Court has held that no further demand can be made for recovery of the balance amount since a fresh assessment is barred. In other words, the tax paid by the assessee must be accepted as it is, and in the event of the tax paid being in excess of the tax liability duly computed on the basis of the return furnished and the rates applicable, the excess shall be refunded to...
Karnataka HC Permits NLSIU To Seek Quick Disposal Of Transgender Aspirant's Plea For Reservation, Provisional Admission To Continue
The Karnataka High Court on Monday disposed of an appeal filed by the National Law School of India University (NLSIU) challenging a single bench order directing it to grant provisional admission to a transgender person in the 3-year LLB course for the academic year 2023-24, if found eligible.A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said,“As the...
Unexplained Delay In Filing Complaint Alleging Grave Offences U/S 354A IPC Fatal To Prosecution: Karnataka High Court
The Karnataka High Court has quashed a prosecution initiated by a woman alleging offences under Section 354A of IPC (sexual harassment) for having filed the complaint three years after the alleged incident took place. Justice M Nagaprasanna sitting at Dharwad allowed the petition and quashed the prosecution under sections 354A, 354B & 504 of the Indian Penal Code observing that the delay...
Preventive Detention Can Be Quashed If Authority Fails To Provide Documents Relied Upon In Language Known To Detenu: Karnataka High Court
The Karnataka High Court has quashed a detention order passed under the Karnataka Prevention of Dangerous Activities Act 1985 (Goonda Act) on the ground that authorities failed to provide to detenu, the documents relied on by them, in a language known to the detenue.A Division bench of Justice Mohammad Nawaz and Justice Rajesh Rai K sitting at Kalaburagi thus ordered immediate release of...
Karnataka High Court Weekly Round-Up: August 27 To September 3, 2023
Nominal Index [Citations 327 - 339]: Saibanna s/o Ningappa Natikar AND The Union of India & Others. 2023 LiveLaw (Kar) 327The Union of India v. Malini & Others. 2023 LiveLaw (Kar) 328Muzammil & ANR v. State of Karnataka & ANR. 2023 LiveLaw (Kar) 329Dr Lakhsmi P Gowda AND National Board of Examinations In Medical Sciences & Others. 2023 LiveLaw (Kar) 330Hampamma &...
Can't Let Convict's "Societal Roots" Dry Up During Imprisonment: Karnataka High Court Releases Man On Furlough To Attend Daughter's Nikah
Observing that “ordinarily every Muslim Marriage involves certain rituals that are done with the participation of the parents,” the Karnataka High Court granted furlogh leave to a convict Abdul Rehman, to attend his daughters nikah which was scheduled yesterday. Bench of Justice Krishna S Dixit remarked that although sporadically, a convict has to keep in contact with the civil society...
Karnataka High Court To Hear Plea Challenging CM Siddaramiah's Election On September 13
The Karnataka High Court on Friday posted for further hearing the petition challenging election of Chief Minister Siddaramiah from Varuna Assembly constituency over alleged electoral malpractices in the 2023 assembly elections, to September 13.A single bench of Justice S Sunil Dutt Yadav noted in its order that “summons have been served on August 14, 2023 and 30 days period is granted from...
Karnataka High Court Disqualifies JD(S) MP Prajwal Revanna Citing Irregularities In Election Affidavit
The Karnataka High Court on Friday declared the election of MP Prajwal Revanna of the Janatha Dal Secular Party as null and void for filing false information in his election affidavit.Justice K Natarajan while pronouncing the order said, “Both the Election petitions are allowed in part. The election of returned candidate respondent no. 1 alias Prajwal R, Member of the Parliament, having...
Hubli-Ankola Railway Line: South-Western Railway Authority To Prepare Fresh Proposal In Consultation With Wildlife Institute
The South-Western Railway has submitted an affidavit before the Karnataka High Court stating that it will submit a revised proposal seeking permission for laying of Hubli-Ankola Railway Line Project after mitigating the gaps and deficiencies in the earlier proposal as is pointed out by the National Board for Wildlife. The affidavit filed by the Deputy Chief Engineer states, “South...
Keeping Investigations Against Public Servants Pending Affect Their Rights: Karnataka High Court Asks Lokayukta To "Set Its House In Order"
The Karnataka High Court has asked the Karnataka Lokayukta to "set its house in order" by directing completion of investigation registered against public servants under the Prevention of Corruption Act, within a time frame. A single bench of Justice M Nagaprasanna sitting at Dharwad said, “This Court has come across several cases where investigation has gone on for ages and no final report...
