Court : Karnataka Kalaburagi
..... for company or beco me a new member of an organization: the oxford dictionary defines the expression recruitment' as the act or process of finding new people to join a company, an organization, the armed forces, etc, 16. the plain dictionary meaning of the expression recruitment itself uses the phrase the process of finding new ..... to be under category 2-b/ka-hk, for selection to the post of a government school teacher, is outside the jurisdiction of the tribunal constituted under the administrative tribunals act, 1985?.. 02. the question referred to above has arisen as the decision of the deputy director of public instructions, raichur is under ..... not maintainable before this court. accordingly, the writ petition is dismissed as not maintainable.29. the petitioner is at liberty to approach the tribunal constituted under the administrative tribunals act 1985.30. the registry is directed to return the annexures to the writ petition, after retaining the xerox copy if requested by the petitioner .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force. it is also relevant to refer to section 11 of the indian contract act which is as under:15. s.11who are competent to contract. every person is competent to contract who is of the ..... the defendant in the instant case. in this regard, it is necessary to refer to the definition of mortgage and types of mortgages contemplated under the transfer of property act which are extracted hereunder for immediate reference. 58 mortgage , mortgagor , mortgagee , mortgage-money and mortgage-deed defined. (a) a mortgage is the transfer of an ..... 33 the name of defendant therein on repayment of loan amount. that apart there was also a proceeding before the sub-divisional magistrate under the karnataka debt relief act, 1976 wherein on enquiry of the mortgage transaction, the defendant therein was absolved from payment of principle amount. in the instant case, fact situation being completely .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... mortem examination on the dead body of the deceased smt. umadevi has clearly stated that the deceased had sustained 90-95% burn injuries. therefore, there is much force in the arguments advanced by the counsel for the respondents-accused to the effect that as the 31 deceased has sustained about 98% of burn injuries over her ..... than the multiplicity or plurality of witnesses. it is quality and not quantity, which determines the adequacy of evidence as has been provided by section 134 of the evidence act, 1872. this has been extensively addressed by the hon'ble supreme court of india in the case of laxmibai (dead) through lrs & another vs bhagwantbuva (dead) ..... the court either believes that it does not exist, or considers its existence so probable that prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. in the instant case, several witnesses have been subjected to examination and those witnesses did not withstand the version .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the powers conferred by article 226 and 227 and 32 of the constitution". 3818. therefore, though under the constitution and the respective acts the jurisdiction of the courts and the tribunals inferior to high court can be ousted but not that of high court itself. therefore, objection raised by the learned advocate general ..... and deputy mayor of kalaburagi municipal corporation is interrupted on account of election to the legislative council in the state of karnataka and therefore, i find force in the submission made by sri s m chandrashekar, learned senior counsel that, the respondent- state ought not to have ventured to issue subsequent notifications, ..... deputy mayor of corporation is accepted, then the constitutional right of the reserved candidates is infringed. in that view of the matter, i do not find force in the arguments advanced by the learned advocate general and sri ashok haranahalli, learned senior counsel appearing for the contesting respondents that, writ petitions are not .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... ; by sri.arunkumar amargundappa, adv. for r5 &6) this mfa is filed under section 173(1) of mv.act, praying to call for records in mvc no.225/2013 on the file of the ii-addl. district judge and member, motor accident claims tribunal, at raichur. allow this appeal by setting aside the impugned judgment and award passed in mvc no.225 ..... the vehicle. the second respondent while admitting the involvement of the vehicle in the accident and the manner in which the accident occurred contended that the insurance policy was in force and insurance mfa no.32864/2013 c/w mfa no.200431/2014 7 company was liable to pay the compensation determined.6. on the other hand, the 3rd respondent- ..... when the vehicle was driven out of the workshop at which point of time it met with an accident. a contention has been made that the insurance policy was in force at the relevant time and, hence, the insurer is legally obliged to indemnify the insured.11. a distinction has to be made between route permit and permit in the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... ; by sri.arunkumar amargundappa, adv. for r5 &6) this mfa is filed under section 173(1) of mv.act, praying to call for records in mvc no.225/2013 on the file of the ii-addl. district judge and member, motor accident claims tribunal, at raichur. allow this appeal by setting aside the impugned judgment and award passed in mvc no.225 ..... the vehicle. the second respondent while admitting the involvement of the vehicle in the accident and the manner in which the accident occurred contended that the insurance policy was in force and insurance mfa no.32864/2013 c/w mfa no.200431/2014 7 company was liable to pay the compensation determined.6. on the other hand, the 3rd respondent- ..... when the vehicle was driven out of the workshop at which point of time it met with an accident. a contention has been made that the insurance policy was in force at the relevant time and, hence, the insurer is legally obliged to indemnify the insured.11. a distinction has to be made between route permit and permit in the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... gratuitous passengers are of no avail while considering the liability of the insurance company in respect of any accident which occurred or would occur after the new act came into force.15. the view expressed in satpal singh's case (supra) however, has been specifically overruled in the subsequent judgment of a bench of three judges ..... , 200224/2019, 200225/2019, 31842/2012, 31844/2012 and 31881/2012, filed by the insurance companies are hereby allowed. the judgment and award passed by the tribunal are hereby modified to the extent that the appellants/ insurance companies are exonerated from payment of compensation by fixing liability on the owner of the vehicle. no order ..... /2011, 31393/2012, 32243/2012, 31685/2012 and 30904/2012-(owner) filed by the claimants/owners are hereby dismissed. the judgment and award passed by the tribunal so far as fastening liability on the owners of the vehicle are hereby confirmed. no order as to costs. 71 draw award accordingly in the respective appeals. the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . * corrections carried out, vide court order dated:22. 2/21. 8 the accused is educated person, he himself has voluntarily issued cheque. there is no force or undue influence on him for issuance of the cheque. now accused is estopped from contending contrary to what has been stated by him once cheque is issued knowing ..... settled principles regarding appreciation of evidence in cases arising out of dishonour of cheque commonly known as "cheque bounce case" under section 138 *of the negotiable instrument act 1881?.15. my answer to the above point is in negative for the following reasons.16. the complainant in his written complaint filed before the trial court ..... & jmfc-ii bidar in c.c no.826/2008 and thereby convict the respondent/accused for the offences punishable under sections 138 & 142(b) of negotiable instrument act in the interest of justice and equity. this criminal appeal having been heard, reserved for judgment and coming on for pronouncement of judgment this day, the court delivered .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... or otherwise and that can be cured so as to avoid a challenge based on the aforesaid curable defects under section 34 of the arbitration act. however, in this case such remand to the tribunal would not be beneficial as this case has taken more than 25 years for its adjudication. it is in this state of affairs that ..... unintelligible awards.37. at this juncture it must be noted that the legislative intention of providing section 34 (4) in the arbitration act was to make the award enforceable, after giving an opportunity to the tribunal to undo the curable defects. this provision cannot be brushed aside and the high court could not have proceeded further to determine the ..... division bench of the 31 calcutta high court has committed an error while remanding the matter for consideration before the arbitral tribunal as there was no written request made as per section 34(1) of the act and accordingly the order passed by the division bench of the calcutta high court is set aside but liberty is given .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... rash and negligent driving of the said vehicle by its driver. for sustaining of grievous injuries the claimant has filed claim petition before the tribunal under section 166 of the m.v.act and the tribunal has awarded compensation of rs.1,07,300/- along with 4 interest at the rate of 6% per annum from the date of ..... advocate for r2) this mfa is filed under section 173(1) of the motor vehicles act, praying to allow the appeal, modify the 2 impugned judgment and award dated 27.06.2012 passed by the court of the principal motor accident claims tribunal cum principal district judge, bidar in mvc no.414/2009 and enhance the compensation as prayed ..... the claimant under section 173(1) of the motor vehicles act (for short the m.v.act ) challenging the judgment and award dated 27.06.2012 passed in mvc no.414/2009 by the principal motor accident claims tribunal cum principal district judge, bidar (hereinafter referred to as the tribunal for brevity) for enhancement of compensation as well as fixing .....
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