Court : Karnataka
..... 21 - employees and the employer. it is not appropriate to construe those contracts as opposed to the principles of public policy and thus void and illegal under section 23 of the contract act. in contractual matters even in respect of public bodies, the principles of judicial review have got limited application. ... (para31) 7.2.2 it was further ..... justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022 ..... , bengaluru 560 052. ... appellants (by sri h. mohan kumar, advocate) and:1. . m/s. bbp studio virtual bharath pvt. ltd. a company registered under companies act, 1956 studio virtual bharat101102 pooja, 7th road, golibar santa cruz east mumbai - 400 055. 2 . state of karnataka represented by additional chief secretary ministry of commerce and industry .....
Tag this Judgment!Court : Karnataka
..... 21 - employees and the employer. it is not appropriate to construe those contracts as opposed to the principles of public policy and thus void and illegal under section 23 of the contract act. in contractual matters even in respect of public bodies, the principles of judicial review have got limited application. ... (para31) 7.2.2 it was further ..... justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022 ..... , bengaluru 560 052. ... appellants (by sri h. mohan kumar, advocate) and:1. . m/s. bbp studio virtual bharath pvt. ltd. a company registered under companies act, 1956 studio virtual bharat101102 pooja, 7th road, golibar santa cruz east mumbai - 400 055. 2 . state of karnataka represented by additional chief secretary ministry of commerce and industry .....
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
..... of caste certificate and not cancellation of a caste certificate on the directions of the committee. admittedly, the tahsildar has not passed any order under section 4a of the act, as section 4a supra empowers the tahsildar to issue caste certificate or caste and income certificate as the case would be. appeal to the assistant commissioner would lie ..... after giving to both the parties an opportunity of being heard pass such order in appeal as it deems fit. in exercise of the powers conferred under section 13(1) of the act, government has notified the rules. rule 2 deals with definitions. sub-rule (4) of rule 2 defines caste verification committee meaning a committee constituted under ..... not be given effect to. [see chief justice of a.p. v. l.v.a. dixitulu [(1979) 2 scc34:1979. scc (l&s) 99 : air1979sc193 and md, army welfare housing organisation v. sumangal services (p) ltd. [(2004) 9 scc619 ]. (emphasis supplied) 2 (2007)2 scc35523 the apex court holds that any order passed by a court .....
Tag this Judgment!Court : Karnataka
..... being voided by the karnataka appellate tribunal and the land being restored to its owner. the doctrine of frustration of contract is enacted inter alia in sec.56 of the indian contract act, 1872, which employs the word impossible . the super meaning impossibility in the performance of contract has to be construed in its practical and not literal ..... out of time. this appeal coming on for orders, this day, krishna s dixit j., delivered the following: judgment this intra-court appeal filed under section 4 of the karnataka high court act, 1961, seeks to call in question a learned single judge's order dated 17.02.2016, whereby respondent's w.p.no.2061/2016 (klr-res ..... and 16.05.2005 since its owner had bought - 4 - nc:2024. khc:17767-db wa no.1640 of 2016 the same in violation of prohibitory sections 79a & 79b of the karnataka land reforms act, 1961. these orders were put in challenge by the land owner in appeal nos. 633/2005 & 647/2005 before the karnataka appellate tribunal, bengaluru. .....
Tag this Judgment!Court : Supreme Court of India
..... prescribed terrorist organizations, passed an order on 16th september 2022, in exercise of the powers conferred under sub-section (5) of section 6 read with section 8 of the national investigation agency act, 2008 (hereinafter referred to as the nia act ), directing the national investigation agency to take up investigation of the said case. in view of the ..... produced against the respondents, there are reasonable grounds for believing that accusations against the respondents are prima facie true, as contemplated in the proviso to sub-section (5) of section 43d of uapa. it is quite well settled position of law that the chargesheet need not * contain detailed analysis of the evidence . it is ..... provided by the pfi through mohalla committees. the pw-c also revealed that the objective of pfi is to establish islamic rule in india through an islamic army. the protected witness-c also mentioned that a-4, a-8 later met protected witness-d to convince them about the mohalla 15 committees. further, .....
Tag this Judgment!Court : Supreme Court of India
..... time spent in the discovery of such suppressions should be deducted from the overall quantum of delay.18. in this regard, the appellants have cited section 17 of the limitation act, which provides that: the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or ..... 29 causes arising after the culmination of the limitation period, despite being sufficient in substance, would not suffice for condonation given this second prong of section 5 of the limitation act. however, the applicant shall not be required to prove each day s delay till the date of filing such appeal/application.3015. with these broad ..... have been taken. with respect to payment of compensation, it was held that the term paid means tendering of payment and the term deposit in section 24 of the 2013 act includes deposit both with the government treasury and the reference court. hence, land acquisition proceedings cannot be deemed to have lapsed if compensation was .....
Tag this Judgment!Court : Supreme Court of India
..... 365 thereof is that shailendra [3-judge]. (supra), not having considered certain vital aspects and more particularly as to how the conjunction or in sub-section (2) of section 24 of the 2013 act has to be read as well as the proviso thereto, the very basis for shailendra [3-judge]. (supra) to declare pune municipal corporation (supra) ..... the collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 act. the market value of the land shall be assessed as on 01st january, 2014 and the compensation shall be awarded along with all other monetary benefits ..... to the said two grounds as grounds on which a review could be sought, the legislature could well have kept it open- ended as in section 5 of the limitation act, 1963 where it is provided, without any strings attached, that any appeal or any application may be admitted after the prescribed period of limitation if .....
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