Court : Karnataka Dharwad
..... case of savithri bai was rendered in the year 1981 referring to the repealed motor vehicles act. but due to change of law as amended by act no.59 of 1988, a special provision in section 170 has been engrafted in the motor vehicles act to enable the insurance company to apply to the tribunal for being impleaded in the ..... for final disposal by consent. 3. from what learned counsel of both sides have adverted, the genesis of appeals is a motor vehicle accident on 26.06.2007 involving a motor cycle bearing no.ka 37/l1346 and a stationery lorry bearing no.ka 25/8235 in which the rider of the motor cycle basanna suffered injuries ..... g.n. raichur that the claimants cross-objection is not maintainable. 17. apart from technical objections raised, impugned award is assailed on the ground tribunal has unjustifiably fastened act of negligence on the lorry driver, instead of rider of motorcycle. i have re-apprised the evidence. the victims were riders of a motorcycle, and the unfortunate incident .....
Tag this Judgment!Court : Karnataka Dharwad
..... , right title or interest in the hindu undivided family in which her husband is a co-parcener with his brothers, father or sons and after the amendment of section 6 of the hindu -succession act 2005 with his sisters and daughters also. the wife, may be a member of a joint hindu family, but by virtue of being a member in ..... held by both the courts below. so far as the bombay school of mitakshara law, in similar circumstances, it is enunciated referring to provision of hindu law and recently upon amendment of 2005j by the bombay high court in a judgment reported in air 2014 bombay 119, in the case of jayamati narendra shah (deceased by l.rs.) and others ..... it was not having any evidentiary value. to show that still the jethansi custom was in existence, holding that oral evidence was inadmissible, relying upon section 91 of the evidence act it was held that the claimants are entitled for 1 /4th share in the joint family property and also what are the joint family properties which are to be the .....
Tag this Judgment!Court : Karnataka Dharwad
..... taking that into consideration as on the date of marriage i.e., on 10.5.1974, she has attained the age of 15 years. by way of amendment to the hindu marriage act, the age is enhanced from 15 to 18 which is subsequent to the marriage i.e., with effect from 1.10.1978. in that view of the matter ..... of the deceased devendrappa. pw2 being the mother of the deceased has deposed as to the marriage of devendrappa with the 1st plaintiff. referring the hindu marriage act, 1955 as regards the amendment of marriageable age enhanced from 15 to 18 years, observed that at the time of marriage of 1st plaintiff she was aged more than 15 years and also ..... is also the vivid evidence of all the witnesses on behalf of the plaintiff. after thorough analysis of section 5 and other provisions like section 18 of the hindu marriage act, also referring to section 11 and 12 which deal with void and voidable marriages, this court in mallikarjunaiahs case, cited supra has that though legislature desired to discourage .....
Tag this Judgment!Court : Karnataka Dharwad
..... to how the plaintiff conducted himself from the date of agreement till filing of the suit. the contention that the income-tax clearance certificate under section 230a of the act was relevant, also does not merit, as even according the plaintiff himself that the said provision repealed with effect from 1.6.2001. however, it is not ..... cancelled and the vendors, had a right to entire into transaction with others. however, the said conditions were subject to obtaining of certificate under section 230-a of the act and for which the vendors were responsible. admittedly, the income tax certificate was not obtained by the vendors. 28. though, the date was fixed for payment as ..... agreement. the limitation had begun in 1997-1999. in view of the lapse of time, the right to seek suit for specific performance is extinguished under the limitation act. the cause of action arose on 30th june 1995 i.e., last date fixed for performance of contract. on these pleadings and others, defendant no.1 contended that .....
Tag this Judgment!Court : Karnataka Dharwad
..... said private complaint as not maintainable. 13. the learned sessions judge also dismissed the said special case no.17/2004 on the ground that after amendment to section 14 to the sc st (poa) act, the special court is the competent court having jurisdiction to take cognizance and the cognizance taken by the learned magistrate was bad in law. but ..... not proper because of the simple reason the said complaint was filed by the complainant in c.c. no.493/2003 was in the month of february 2003, but the amendment came into force on 30.09.2003. therefore, on the date of filing of the complaint, the magistrate had got jurisdiction to take cognizance and commit the case to ..... language particularly referring to his caste. therefore, there is no semblance of evidence in order to attract any provisions much less section 3(i) (x) of sc st (poa) act. pw-2 has so far written the complaint narrated about the incident. i would like to discuss his evidence little later. 18. pw-4 is the father of the appellant .....
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