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Karnataka Court March 1994 Judgments

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Mar 01 1994

Aftab Abdul Rehman Chatriwala Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Mar-01-1994

Reported in: 1995(2)ALT(Cri)28; 1994CriLJ2771; 1994(46)ECC283; ILR1994KAR1409; 1994(2)KarLJ422

ORDER1. The petitioner was detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA for short). The copy of the detention order dated 20-10-1976 is marked as Annexure A. The said order was passed by the second respondent purporting to be under Section 3(1) of the COFEPOSA Act.2. The legality and validity of the said detention order is challenged by the petitioner in this petition. The petitioner was detained during the emergency period; but he could not have challenged the said detention order then, since access to courts was barred. After lifting of the emergency, his detention order was revoked. Subsequently, the sister of the petitioner, namely, Ms. Mumtaz Chatriwala has received a notice purporting to be under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA for short). Under the said notice, Ms. Mumtaz Chatriwala has been called upon to show cause why t...


Mar 01 1994

Oriental Insurance Co. Ltd. Vs. Rukminibai and anr.

Court: Karnataka

Decided on: Mar-01-1994

Reported in: I(1995)ACC31

M. Ramakrishna, J.1. The appellant--Oriental Insurance Company being aggrieved by the Judgment and Award passed by the M.A.C.T., Metropolitan Area, Bangalore City, in M.V.C. 1585/88 on 13.8.1990, has come up before this Court in these Appeals under Section 110-D of the Motor Vehicles Act, 1939 (herein after called the Act).2. The appellant has sought for setting aside the findings recorded by the Tribunal in regard to the liability of the Insurer to make good the compensation on more than one ground.3. The undisputed facts are borne out of the records are that the tractor and trailer bearing registration No. MEZ 6506 and 6507 respectively belonging to Nanjegowda, one of the respondents herein, dashed against the Scooter from behind on Bangalore Bellary road on 5.7.1988 at 7.00 A.M. causing injuries to the rider and the pillion rider of the scooter. The rider husband of R-1, succumbed to the injuries. Later Rukmini Bai, R-1 and her two minor children along with the parents of the deceas...


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