Court : Karnataka Kalaburagi
..... injury to any person including owner of the goods or his authorised representative carried in the vehicle . the conclusion is irresistible that prior to the aforesaid 17 amendment act of 1994, even if the widest interpretation is given to the expression to any person it will not cover either the owner of the goods or his authorised ..... liable for paying compensation to the owner of the goods or authorised representative carried in the vehicle. considering the reasons and objects of the statutory liability of the amendment act of 1994 whereby the words injury to any person including owner of the goods or his 16 authorised representative carried in the vehicle were inserted and held thus: ..... of the motor vehicle or any other fault arising out of use of a motor vehicle. this court further observed in oriental insurance co. ltd. v. meena variyal, (2007) 5 scc428 at page 428: 18. in new india assurance co. ltd. v. asha rani this court had occasion to consider the scope of the expression any .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... nigam ltd. sub-division no.1 mattihal-586 210 tq. b.bagewadi district: vijayapur appellant (by sri s. d.sagari, advocate) and:1. the chief secretary amended & deleted krishna bhagya jala nigam ltd. as per order dated 1st floor, k.r.circle 04.01.2018 bengaluru-1 2. the chief engineer managing director k.b ..... xxxxxxx 4. pay, leave and terminal benefits of daily wage employees continued in service.- (1) notwithstanding anything contained in the karnataka state 17 civil services act, 1978 (karnataka act 14 of 1990), the karnataka civil services rules or any other rules governing the conditions of service of government servants made or deemed to have been made ..... department under which the 2nd respondent kbjnl comes drew up the proceedings for consideration of reinstatement of the petitioner and ultimately he was reinstated on 13.08.2007. after his reinstatement, the petitioner gave a representation that he had worked from 1979 to 1982 and with the direction of the apex court his service ought .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... regard to the second contention the learned counsel for the petitioner relied upon two decisions. in air1969sc872[ ?.?.?..]. , it has been held as follows: (b) representation of the people act (1951 as amended in 1966), sections 81, 82, 86(5), 87, 116a - election petition - necessary party not joined within limitation for filing petition - high court has no power to allow ..... year 2006-07 which was the previous assessment year was mentioned, as also the pan number was given, however, he fairly conceded that the tax paid for the assessment year 2007-08 was not mentioned. it is well settled that the affidavits in which the 3 2011 (2) maharastra law journal - 12 - nc:2023. khc-k:5857 wp ..... on a different footing. the trial of such a petition and the powers of the court in respect thereof are all circumscribed by the act. the indian limitation act of 1963 is an act to consolidate and amend the law of limitation of suits and other proceedings and - 32 - nc:2023. khc-k:5857 wp no.203232 of 2022 for .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... for a bare injunction. but when apprehension of the plaintiffs came about that, suit property would be declared to be a wakf property. even before its actual declaration sought to amend the prayer in the plaint by seeking decree in the nature of declaration that the suit property is a joint property of the plaintiffs and defendant no.1 in the ..... appellate court was justified in reversing the judgment of trial court?. 02. whether the suit of the plaintiff was bad for non issuing statutory notice under section 56 of wakf act?. 03. whether the certificate of registration in respect of the suit property needs to be revoked or modified to grant relief to the plaintiff?. 04. whether the lower appellate ..... on 08.09.2010 reads as follows:- whether the law declared by this court in case of abdus subhan alias subhansha and others vs karnataka board of wakf and others, 2007 (1) air kar reporter 425, would apply to the case on hand, when the said decision has not taken into account section 7 of the wakf .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... is adequate or substantial compliance with section 42 or not is a question of fact to be decided in each case. the above position got strengthened with the amendment to section 42 by act 9 of 2001.39. this high court in the case of subramanyam (supra) in paragraphs-6, 7 and 21 has observed thus:"6. point no.1: ..... is adequate or substantial compliance with section 42 or not is a question of fact to be decided in each case. the above position got strengthened with the amendment to section 42 by act 9 of 2001." 44 crl.a.200021/2017 even, admittedly, shrikant mishra had no authority to make search. nothing has been brought on record to show ..... judgment and order of conviction and sentence contended that the trial court has rightly convicted the appellant for the offence punishable under section 20(b)(ii)(c) of the ndps act and the impugned judgment and order of conviction and sentence does not suffer from any irregularity or illegality, which calls for interference at the hands of this court. he .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... have been denied a share. it is pointed out that the father of the plaintiffs and the said defendants died in the year 2007, after the coming into force of the amendment to section 6 of the hindu succession act, 1956, and hence the said female members would share equally with the sons. 7. on the other hand, the counsel appearing on ..... holder of the joint property for the time being. in other words, the three generations next to the holder in unbroken male descent. (section 6 of the hindu succession (amendment) act, 2005, has brought a radical change by the inclusion of daughters in the mithakshara coparcenary.) but for the purposes of considering the nature of right which mahalingappa and shivappa acquired ..... the third point framed for consideration, it is not in dispute that there was no partition in the family prior to the coming into force of the hindu succession (amendment) act, 2005. it is laid down by the supreme court in prakash v. phulvathi, (2016) 2 scc 36, that the rights under the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 142/14/2015 tpl, it has been held as follows: 42.5 in view of this, the provisions of the section 194(3)(v) of the income-tax act have been amended so as to expressly provide that the exemption provided from deduction of tax from payment of interest to members by a co-operative society under section 194a(3)(v ..... ) of the income- tax act shall not apply to the payment of interest on time deposits by the co-operative banks to its members. as this amendment is effective from the prospective dated of 1st june, 2015, the co- operative bank shall be required to deduct ..... would be permissible if the actual payment is made and these sections are mutually exclusive and therefore, the karnataka electricity board case is no longer relevant, by virtue of the amendment to section 40-a(7). under section 43-b, the assessee had not merely made a provision but payment was actually made and therefore, was entitled to deduction, .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of an accident to the motor vehicles accident claims tribunal, so that the same can be treated as the claim petition and the process commenced.12. by way of amendment to the mv act in the year 2019, there have been several changes which have been made to the manner in which a motor vehicle - 9 - nc:2023. khc-k:5621 wp ..... on account of either injury or death being caused due to a motor vehicle accident. it is amply clear that section 166 of the mv act is a beneficial provision which is contained in the mv act as amended from time to time to provide benefit to any injured or to the legal representatives of a deceased. the object of section 166 of ..... for compensation shall be entertained unless it is made within six months of the occurrence of the accident. this subsection (3) of section 166 of the mv act is required to be applied prospectively from the date on which the amendment came into effect and cannot be applied retrospectively.21. be that as it may, subsection (3) of section 166 of the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... an aid to construction, while interpreting the construction of provisions of the "marriage act, 1955", "adoptions act, 1956" and "succession act, 1956." it is clear from the preamble of "marriage act, 1955" that it is intended by act not merely to amend but to amend and codify the law relating to marriage among hindus. the object of codification of ..... that her marriage was during subsistence of first marriage. in plaint, she has specifically admitted that she is second wife. therefore, the condition imposed in "adoption act, 1956" imposing a pre-condition that a male hindu while taking in adoption has to seek consent of his wife would not include a second wife whose ..... sharanappa did not secure consent of plaintiff at the time of alleged adoption, the adoption is hit by section 7 of hindu adoptions and maintenance act, 1956 (for short "adoptions act, 1956") and therefore, sought relief of declaration to declare that the adoption of 2nd defendant is invalid and therefore, 5 2nd defendant will .....
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