Court : Karnataka Kalaburagi
..... the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be done under the powers conferred by, or in pursuance of, any provisions of this act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such ..... that there was a report about the theft of cst 9 plates in bijapur-bagalkot section and 1st accuse who was the inspector of railway protection force (rpf), was directed to investigate into the matter by a-9, chief security commissioner; 2nd accused was directed to supervise and monitor ..... whether the complainant has proved that on 31.3.2006 at 12.30 p.m accuse-1 to 7 have taken him barefoot from rpf police station to railway platform, bijapur by putting handcuffs with leading chain without shirt and dishonoured him in violation of the human rights ..... 2) any such plea may be proved by the production of the order directing the act, and if it so proved, the member of the force shall thereupon be discharged from any liability in respect of that act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued ..... to know of the torture meted out to him, his wife sent a telephonic message to accused nos.8 and 9 to take appropriate action against accused nos.1 to 7 and also complained to national human rights commission on 8.5.2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be the relationship of employee and employer between him and the owner of the trailer and vice versa and such an purposive interpretation is required to adopted to reach the object and purpose of the act and such an interpretation would be within the scope of the word employeras defined under section 2(e) of the workmen's compensation ..... , it is clear that it is the combination of a tractor and a trailer which constitutes a full fledged goods carriagewhich is a kind of a transport vehicle as defined under section 2(47) of the act which reads as transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; 13. ..... although tractor is a kind of heavy goods vehicle as defined under section 2(16) of the act which reads as heavy goods vehicle means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; it (tractor) cannot be ..... (prayer: this mfa is filed under section 30(1) of the workmen's compensation act against the judgment and order dated 17.12.2005 passed in wca:cwc:cr:172/2002 on the file of the labour officer and commissioner of workmen's compensation, raichur, ..... single policy and thereafter allowing the trailer to be moved along with the tractor belonged to someone-else does not amount to violation of terms of policy under section 149 of the motor vehicles act which absolves the insurer of the trailer from liability. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... court has referred to the evidence of pw.35 and pw.27, who were police inspectors attached to the station bazar police station and roja police station of gulbarga and both of them were on special duty at the gulbarga railway station, keeping watch on the railway passengers and they had noticed the accused alight from the chennai bombay train and observed that he was moving in a suspicious manner and from his body language, the officers ..... judgment of conviction and order of sentence passed by the president officer, fast track court no.i at gulbarga, in sessions case no.316/2006 dated 03.07.2010, thereby convicting the appellant/accused for the offence punishable under sections 121, 122, 124(a) of indian penal code, under section 25 of arms act 1959 and under section 4 and 5 of explosive acts 1908 and the appellant/accused is sentenced to undergo imprisonment for life and shall also pay the fine ..... the initial investigation having been conducted by the police inspector was inevitable, as the accused was apprehended on suspicion at the gulbarga railway station and it is practically not possible to ensure that an officer not below the rank of a deputy superintendent of police is readily available at all times in order to ensure compliance of the provision to such a degree. ..... . therefore, the court has concluded that the prosecution had established the apprehension of the accused at the railway station and also the seizure of the material objects from the appellant .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... these writ petitions are filed under article 226 and 227 of the constitution of india praying to direct to the third respondent authority to act on the representation dated 28.02.2012 at annexure-t, made by the petitioners by initiating appropriate action against the fourth respondent society to comply with the orders of this hon'ble court passed in writ petition no.48208/2011 and other connected writ petitions and to issue list of voters ..... the same was forwarded to the district registrar of societies, gulbarga, and in turn the registrar, by its order dated 31st march 1981 by exercising his power under section 10(2) of the karnataka societies registration act, ordered to register all the 41 amendments made through resolution by special general body meeting on 30th march 1981 with effect from 31st march 1981. ..... and others reported in (2005)4 scc 649 wherein it has been discussed that though the societies are registered under societies registration act, but its functions and control over the other limb is the deciding factor. ..... counsel for the petitioners submitted that by virtue of said amendment to the bye-law, the elected governing council is acting contrary to the interest, aims and objects to which the founders formed the society. ..... south central railway employees consumers co-operative society limited and others reported in 1983(1) kar.l.j 106 wherein it is held that "a bye-law of a co-operative society is not 'law' within article 13 of the constitution and the bye-law comparable .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... dated 22.11.1962, hd 38 tmt 71 dated 2.11.1971 and hd 118 tmt 79 dated 25.7.2981 and ftd 326 tmt 890 dated 15:19.12.90, the government of karnataka hereby exempts on reciprocal basis, the tax payable under the said act in respect of motor vehicles belonging to the indian tourism development corporation or a state road transport corporation or tourist development corporation of union territory of pondicherry or any other state except the state of kerala and other than the ..... under the order under challenge has held that notification annexure-r1 dated 20.12.1976 and annexure-r2 dated 31.03.1981 are of no relevance on the premise they neither pertain to the period in question 2006-2007 nor they deal with the case of all india permit buses plied by the tourist corporations or the state road transport corporations of other states within the state of karnataka. ..... for the following reliefs: (a) issue a writ in the nature of a writ of certiorari or such other appropriate writ, order of direction to quash the orders of the 2nd respondent passed in appeal no.29/2007 connected with appeals no.3 to 28/2007 marked under annexure- d in which the order of the 1st respondent in annexure- c1 to c- is merged; (b) to grant such other appropriate reliefs as may be deemed necessary to meet the ends of justice; (c) further this hon ble court may ..... , 2006-07, nor they deal with the case of all india permit buses plied by the tourism corporations or the state road transport corporations of other states .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... (prayer: these writ petitions are filed under articles 226 and 227 of the constitution of india, praying to issue a writ of certiorari quashing the impugned notifications annexure-b dated: 24.07.2012 issued u/s 3 (1) of kiadb act in no.ci/239/spq/2012 and also notification annexure-c u/s 28 (1) dated:23.07.2012 in no.ci/239/spq/2012 and also the impugned notification annexure-f dated: 14.06.2013 in no.ci/279/spq/2013 issued u/s 28 (4) in so far as ..... , these writ petitions are filed under articles 226 and 227 of the constitution of india, praying to issue a writ of certiorari quashing the impugned notifications annexure -c dated: 23.07.2012 issued u/s 3 (1) of kiadb act in no.ci/239/spq/2012 passed by the 2nd respondent and notification annexure-d filed by 2nd respondent u/s 28 (1) dated: 23.07.2012 in no.ci/239/spq/2012 and also the impugned notification annexure-g dated: 14.06.2013 in ..... the 5th respondent-cement company while seeking to sustain the notifications and the further steps taken in pursuance of the notifications submits that in terms of the regulations under the act prescribing clearance from various authorities of the state and central government, the respondent sought for requisite clearance from all the concerned authorities to set up cement manufacturing industry. ..... not agreeable to the consent compensation, the respondent is constrained to pass appropriate general award under the provisions of the act. ..... the clearance from railway department state and other government .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... even under the head of funeral expenses, considering the escalation of price and the circumstances, it would be appropriate to award rs. ..... 10,000/- each would be appropriate. 18. rs. ..... 10,000/- each towards the compensation would be appropriate. 9. ..... 71/2006 and 83/2006 were filed by the claimants under section 166 of motor vehicles act, 1988 (the 'act for short) claiming compensation for the alleged death of driver and pillion rider of bajaj ct 100 vehicle bearing regn. no. ..... ka-39/h-2653 involved in the road accident that occurred on 1/2-6-2006 on national highway no. ..... 71/2006 in mfa no. ..... 71/2006) 12. ..... 83/2006) 4. ..... 71/2006. ..... 83/2006. ..... 83/2006. 3. ..... 71/2006. ..... 83/2006 were awarded with the compensation of rs. ..... 71/2006 were awarded compensation of rs. ..... 71/2006 before the motor accident claims tribunal, basavakalyan). 2. ..... 83/2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the matter is remitted to the trial court to pass appropriate orders on the application already filed for condonation for delay, at the earliest and to dispose of the matter on merits, preferably within three months from the date of appearance of ..... what is held in the said decision is that in order to get the delay condoned under section 5 of the limitation act, the onus is on the appellant or the applicant to satisfy the court that there was sufficient cause for condonation of delay; whereas section 473 ..... -ii at raichur and to pass any other appropriate orders, in the interest of justice.) ..... in the present case, the complainant had filed an application under section 5 of the limitation act supported by an affidavit sworn by him, explaining the reasons for the delay of five days in filing ..... in spite of the receipt of the legal notice got issued on 22.10.2006, the petitioner/accused did not repay the money and hence complaint was filed by ..... later on, the petitioner got issued the legal notice on 28.10.2006, calling upon him to repay the said amount, lest he would be forced to initiate ..... was the accused in criminal case no.600/2007 in the case initiated by the respondent herein for the offence punishable under section 138 of negotiable instruments act, 1881, (for short the act'), on filing the complaint before the learned jmfc court. 4. ..... cheque was presented for payment and it was returned with an endorsement insufficient amount in the account of the holder vide memo dated 22.10.2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... even if we do not take into consideration the future prospect of promotion to which the deceased was otherwise entitled and the actual pay revisions taken effect from 1-1-1996 and 1-1-2006, it cannot be denied that the pay of the deceased would have doubled if he would have continued in services of the state till the date of retirement. ..... taking into consideration that the deceased was aged 40 years and the accident occurred on 17.05.2014 and ex.p.7 record of rights, it is appropriate to take income of the deceased at rs.7,500/- per month. ..... as the deceased was 28 years old at the time of death the multiplier of 17 is applied, which is appropriate to the age of the deceased. ..... (prayer: this mfa filed under section 173 (1) of mv act, praying to call for records, to modify the judgment and award dated 05.09.2015 passed in mvc no. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... when the applicant has filed an application under order 22 rule 3 of code of civil procedure along with the application under section 5 of the limitation act to condone the delay in filing the application on the basis of the registered will and the same was disputed by the defendants/respondents, it is the duty of the trial court to hold an enquiry as contemplated ..... that it is mandatory on the part of the trial court to hold an enquiry on the application filed under order 22 rule 3 of code of civil procedure and the application filed under section 5 of the limitation act, by any persons who is disputed by the other side, in the pending suit between the parties. 11. ..... suit, the sole plaintiff died and the applicant has filed an application under order 22 rule 3 of code of civil procedure along with the application under section 5 of the limitation act to come on record as the legal representative of the deceased plaintiff on the basis of the registered will. ..... we, accordingly, allow this appeal and set aside the judgment dated 19-9-2006, restore the appeal to the file of the high court, with the following directions: i the high court shall first decide the dispute between the husband of the deceased on ..... at aland, dismissing the applications under section 5 of the limitation act and under order 22 rule 3 of code of civil procedure ..... under order 22 rule 3 of code of civil procedure and also filed an application under section 5 of the limitation act to condone the delay in filing the lrs. .....
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