Court : Karnataka Kalaburagi
..... within the jurisdiction of the commissioner, raichur, the claim petitions filed before the commissioner, raichur, are very well maintainable.10. the amended section 21 of the act is specially introduced in the act by amending act 30 of 1995 with effect from 15.09.1995 in order to benefit and facilitate claimants. the statement of objects and reasons ..... the accident outside india any such matter may be done by or before a commissioner for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be.13. in the instant case ..... kalaburagi bench before the hon ble mr. justice b. sreenivase gowda dated this the25h day of august2015mfa no.9805 of2007c.w. mfa nos.9641, 9804 and 9806 of 2007(wc) mfa9805of2007: between: the branch manager national insurance company limited, raichur, represented by it s, deputy manager, b.a. krishna murthy, bangalore regional office, shubharam complex .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... within the jurisdiction of the commissioner, raichur, the claim petitions filed before the commissioner, raichur, are very well maintainable. 10. the amended section 21 of the act is specially introduced in the act by amending act 30 of 1995 with effect from 15.09.1995 in order to benefit and facilitate claimants. the statement of objects and reasons for the ..... meets with the accident outside india any such matter may be done by or before a commissioner for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be. 13. in the instant case, ..... government before processing the claim petitions on other issues as already framed by the commissioner. hence, the following: appeals are allowed. judgment and awards dt. 15-03- 2007 passed in w.c.nos.120/2006, 118/2006, 119/2006 and 121/2006 by the commissioner for workmen's compensation, raichur district, raichur, are set aside. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the land vested with the state government as on 01.03.1974 which is the appointed date, on which date the karnataka land reforms act was amended substantially. therefore, he contends that the land once vest with the state government, the question of - 13 - nc:2023. khc ..... . the present case filed by the petitioner is factually similar to the judgment passed by this court in w.p.no.13733/2007, which is upheld by the division bench of this court in w.a.no.117/2008. in a similar matter, the ..... of 2017 of fifth respondent waqf board, a petition came to be filed by the waqf board in w.p.no.13733/2007 before this court, wherein similar arguments were addressed with regard to gazette notification dated 20.06.1974 and the property belonging to the ..... a writ of certiorari or any other order in the like nature, quashing the order dated:04. 07.2011 vide no.enq/101/gba/2007 vide annexure-m passed by the5h respondent and etc. this petition coming on for preliminary hearing in 'b' group, this day the court .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... sadak, tq: kamalapur, dist: kalaburagi. vii) pushpavati w/o. ravindra patil age:45. years, occ: household r/o. margutti, tq: kamalapur, dist: kalaburagi. (cause titile amended as per v.c.o. dated0703/2023) ... appellants (by sri vinayak apte, advocate) and: channaveer alleged s/o. anandraya hadagil @ narayanapur age:19. years, occ: student ..... gurubasava expired) ___________________________________________________________1) neelamma2) iramma3) chandamma4) kalyan rao w/o anandraya w/o gurubasappa w/o shankreppa chalageri s/o revappa (exp. on 20-9-2007) (exp. on 28.1.2003) defendant mahadevi w/o adopted suresh next friend kalyan rao channaveer as son (both are expired around 1960-61) 14. the ..... dated 29.12.2005. the presumptive value of the registered document relating to adoption needs to be looked into, section 16 of the ha & m act, 1956 deals with the presumption as to the registered documents relating to adoption. the said section reads as under: 16. presumption as to registered documents .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 226 and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no.46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under article ..... as specified in the schedule. (2) the commercial division and commercial court shall follow the provisions of the code of civil procedure, 1908 (5 of 1908), as amended by this act, in the trial of a suit in respect of a commercial dispute of a specified value. (3) where any provision of any rule of the jurisdictional high court ..... frequently arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction of .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the present case, recording of evidence of pw5 through video conferencing is permissible, in view of proviso to sub-section (1) to section 275 of cr.p.c., (amendment) act, 2008. thus accused fails to establish that pw5 should be appeared in-person for cross-examination before the court, thus, pw5 may be examined through video conferencing. hence, ..... evidence by video conferencing is permissible. a proviso was inserted to sub-section (1) to section 275 of code of criminal procedure, 1973, by act 5 of 2009 (code of criminal procedure amendment) act, 2008, which runs as follows:"provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in ..... on what terms. 8.14 the court shall be guided by the provisions of the cpc and chapter xxiii, part b of the crpc, the evidence act and the it act while examining a person through video conferencing. 8.15 where a required person is not capable of reaching the court point or the remote point due to sickness .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 1974 for short), in the event of any case pending before the court, the applicant would not be eligible for consideration of parole. the said rule has been subsequently amended on 16.05.2022 by inserting the words "or bail applications" which would make an applicant ineligible for consideration of parole when an appeal - 5 - nc:2023. ..... merely because an appeal has been filed or a bail application is pending consideration?.8. clause (j) of sub-rule (2) of rule 191 of rules, 1974 prior to the amendment is reproduced hereunder:"191. release under section 56.- (2) (a) to (i) xxxx (j) the following shall be the eligibility conditions for release of prisoners on ordinary parole ..... other hand, the executive seeking to restrict the exercise of such right by imposing a fetter of not considering an application for parole, if an appeal is filed would act contrary to and is an antithesis to article 21 of the constitution.13. thus, for both the above reasons, i am of the considered opinion that the word .....
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
..... 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
..... .p.no.200434/2017 between: pavankumar s/o mithalal jain age:52-years, occ:business r/o. akkamahadevi road, near anand hospital circle vijaypur dist:vijayapur (amended as per court order dated58.2020) ...petitioner (by sri. vinayak apte., advocate) and1. the state of karnataka represented by its principal secretary department iof muncipal ..... the compensation to be payable in terms of sections 26 and 28 of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short, act of 2013 ). the petitioners in those petitions arrived at a compromise and a compromise petition was filed in the aforesaid writ petitions on 20 ..... any land designated in the master plan for public purposes by agreement or under the right to fair compensation and transparency in land acquisition rehabilitation and resettlement act as in force in the state. the explanation of sub-section (1) of section 69 indicates that designated for public purpose means designated for the .....
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