Court : Karnataka Dharwad
..... mentioned therein. the trial court further holds that the petitioners herein have not taken defence as contemplated under clause (e) of the sub- section 2 of section 30 of the act. the trial court ought to have relied upon the said provision.9. the petitioners herein have specifically pleaded questioning the validity of the ..... high court with regard to rectification of trademark application, the trial court ought to have exercised its discretion in entertaining the application filed under section 124 of the act.14. per contra, counsel for the respondent would vehemently contend that the suit was filed for the relief of permanent injunction and in the ..... following point would arise for consideration of this court: i. whether the trial court has committed an error in dismissing the application filed under section 124 of the act filed praying stay of further proceedings in the suit?.18. having considered the material on record particularly the pleadings of plaintiff as well as defendants .....
Tag this Judgment!Court : Karnataka Dharwad
..... mukund dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. section 10 of the act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. in one ..... person authorized to drive light motor vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024. khc-d:7234-db mfa no.102474 of 2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... mukund dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. section 10 of the act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. in one ..... person authorized to drive light motor vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024. khc-d:7234-db mfa no.102474 of 2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... mukund dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. section 10 of the act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. in one ..... person authorized to drive light motor vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024. khc-d:7234-db mfa no.102474 of 2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
Tag this Judgment!Court : Karnataka Dharwad
..... or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of ..... page nos. i relevant provisions of the industrial 10-15 disputes act, 1947 - analysis ii relevant provisions of the road transport corporations act, 1950 16-17 analysis iii relevant regulations framed under section 45(2)(c) of the road transport 17-61 corporations act, 1950 - analysis iv orders passed in the respective writ 61-89 petitions ..... no.100878 of 2017 and connected matters ii. relevant provisions of the road transport corporations act:16. the corporation was established as a consequence of section 3 of the road transport corporations act, 1950 ( the rtc act ) and, by virtue of section 4, the corporation is a body corporate and the general superintendence, direction and management of .....
Tag this Judgment!Court : Karnataka Dharwad
..... from the facts noted above that the order of provisional attachment was passed before the proceedings against the appellant were initiated under section 74 of the hpgst act. section 83 of the act requires that there must be pendency of proceedings under the relevant provisions mentioned above against the taxable person whose property is sought ..... which, as explained above, is not the case here.24. the upshot of the entire discussion is that the exercise of power under section 142(2a) of the act leads to serious civil consequences and, therefore, even in the absence of express provision for affording an opportunity of pre- decisional hearing to ..... that when civil consequences ensue, no distinction between quasi-judicial and administrative order survives, we deem it unnecessary to dilate on the scope of section 136 of the act. it is the civil consequence which obliterates the distinction between quasi-judicial and administrative function. moreover, with the growth of the administrative law, .....
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