Court : Karnataka Dharwad
..... practice was evolved out of experience, logic and convenience. in fact one-third deduction, got statutory recognition under second schedule to the act, in respect of claims under section 163a of the motor vehicles act, 1988 (`mv act' for short). but, such percentage of deduction is not an inflexible rule and offers merely a guideline.27. in susamma thomas, ..... decisions of this court, namely, susamma thomas (air1994sc1631:1994. air scw1356 trilok chandra and charlie (air2005sc2157 2005 air scw1801 for the claims made under section 166 of the 1988 act. the court said that multiplier shown in column (4) of the table must be used having regard to the age of the deceased. perhaps the ..... be followed. 40. in what we have discussed above, we sum up our conclusions as follows: (i) in the applications for compensation made under section 166 of the 1988 act in death cases where the age of the deceased is 15 years and above*, the claims tribunals shall select the multiplier as indicated in column (4 .....
Tag this Judgment!Court : Karnataka
..... discharge 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 a prison ..... .19. we have already noticed that in enacting section 33-c the legislature has deliberately omitted some words which occurred in section 20(2) of the industrial disputes (appellate tribunal) act, 1950. it is remarkable that similar words of limitation have been used in section 33- c(1) because section 33-c(1) deals with cases where any ..... workman's existing rights. in order to meet the criticism, an amendment was made by the legislature in 1959 by section 20 of the industrial disputes (appellate tribunal) act, 1950 (48 of 1950). section 20 of this act provided for recovery of money due from an employer under an award or decision. this provision filled up the lacuna which .....
Tag this Judgment!Court : Karnataka Dharwad
..... insurance company arises in a contract of insurance which stipulates terms and conditions. the said contract is regulated by the provisions of the act. the parliament has enacted sub-section (2) of section 149 of the act only as a limited defence clause restricting the scope of 14 c/w. mfa no.104088/2017 mfa no.103690/2017 defence available ..... and conditions of the policy. he further submits that this defence of the insurance company falls within the narrow scope of limited defence clause enacted under section 149(2) of the act. he therefore submits that the insurance company is entitled to repudiate its liability for the breach of condition of the contract of insurance. 17 c/w ..... full stop to the reckless practice of operating two wheelers in 9 mfa no.104088/2017 c/w. mfa no.103690/2017 breach of the provisions of section 128 of the act. 10. with the help of the above decisions, in sum and substance, the learned counsel for the appellant insurance company contends that the liability of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... insurance company arises in a contract of insurance which stipulates terms and conditions. the said contract is regulated by the provisions of the act. the parliament has enacted sub-section (2) of section 149 of the act only as a limited defence clause restricting the scope of 14 c/w. mfa no.104088/2017 mfa no.103690/2017 defence available ..... and conditions of the policy. he further submits that this defence of the insurance company falls within the narrow scope of limited defence clause enacted under section 149(2) of the act. he therefore submits that the insurance company is entitled to repudiate its liability for the breach of condition of the contract of insurance. 17 c/w ..... full stop to the reckless practice of operating two wheelers in 9 mfa no.104088/2017 c/w. mfa no.103690/2017 breach of the provisions of section 128 of the act. 10. with the help of the above decisions, in sum and substance, the learned counsel for the appellant insurance company contends that the liability of the .....
Tag this Judgment!Court : Karnataka
..... discharge 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 a ..... mainly of a managerial nature. thus, the petitioners are all workman under the 4th and 5th respondents - bel. the term industrial dispute under section 2(k) of the said act, reads as follows: section 2(k) - industrial dispute means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and ..... the labour court or tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section(1). in terms of the afore-extracted statute, when an employer discharges, dismisses or retrenches or otherwise, terminates the services of an individual workman in .....
Tag this Judgment!Court : Karnataka
..... he directs and execute an instrument (in case of registered mortgage) extinguishing the right of mortgagee. this right has been qualified, the proviso to section 60 of transfer of property act states that subsequent act of the parties or decree of a court extinguishes the right of redemption. 49 25. in the instant case, mortgage between the parties was ..... the appeals have to be allowed. in a suit for specific performance, refund of earnest money cannot be ordered unless it is specifically claimed according to section 22 of the specific relief act. in the case of hand, the plaintiff has not sought refund of rs.1,00,000/- that he paid to the decree 51 holder chandran ..... being not ready and willing to perform his part of contract, whether the suit for redemption filed by first defendant can be decreed?.24. section 60 of the transfer of property act confers a statutory right on the mortgagee to redeem the mortgaged property. it can be exercised by the mortgagor any time after the principal amount .....
Tag this Judgment!Court : Karnataka
Reported in : (1965)IILLJ11Kant
..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person. (i) who is subject to the army act, 1960, or the air force act, 1960, or the navy (discipline) act, 1934, or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii ..... the definition of 'workman' read in conjunction with the definition of 'industrial dispute' in ss. 2(s) and 2(k) of the industrial disputes act, 1947. the definitions read thus : section 2(k) 'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which ..... is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person.' section 2(s) : ''workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1983KAR1; 1983(1)KarLJ21; (1983)ILLJ465Kant
..... or the navy (discipline) act, 1934; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) ..... act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with or as to consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the army act, 1950, or the air force act, 1950 ..... raised a preliminary objection regarding jurisdiction, inter alia, contending that srinivasa murthy is only a trainee and not a workman as defined under the industrial disputes act and that, therefore, the reference is not competent. srinivasa murthy, however, took the stand that he is a workman and that the reference is competent .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.64/2011 dated 07.03.2011 registered with gadag rural police for the offences punishable under sections 279, 304(a) of ipc read with section 187 of the m.v.act. the complainant is one smt.mumtazbi wife of nabisab nadaf who is said to be the ..... the complaint in crime no.64/2011 is registered for the offences punishable under sections 279 and 304(a) of ipc. in the said complaint one more provision under m.v.act which is under section 187 is also invoked. 10 6. when the entire complaint is seen, ..... respondents insurance company in claim petition that in the event of accident proved and liability is established, the liability is restricted to act and policy and also the same is required to be paid by the insurer is taken in this proceedings also. it is ..... (by sri dattatra y t heb bar, advocate f or r .3-6) this mfa is filed under secti on1731) of m.v.act praying this honble court to call f or records and m odify the judgment and award passed by the honble additional district & sessions court, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR4059; 1986(2)KarLJ257
..... recover possession of the land from his tenant (respondent-4) in view of the exemption granted to the members of the armed forces under section 5(2) read with section 15 of the act, was accepted and, accordingly, directed respondent-4 to deliver possession of the land in favour of the appellant. the learned single judge was ..... that an exemption has been granted in respect of lands leased by persons who were members of the armed forces under sub-section (2) of section 5 of the karnataka land reforms act, 1961 (hereinafter referred to as the 'act') and, therefore, the application of respondent-no. 4 could not be granted as he was, under the law, ..... entitled to recover possession for self-cultivation after retirement from the army. the land tribunal accepted the plea of the appellant and rejected the .....
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