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 : Karnataka
..... that disqualification would apply when any work has been done even before the commencement of the election process, which is a matter that requires consideration.17. section 12(h) of the act reads as hereunder:- 12. disqualification for members.- a person shall be disqualified for being chosen and for being a member of a grama panchayat or ..... were to choose not to ratify the contracts) as when there is none".24. though amendments have been made to the r.p. act to introduce section 9a with an amendment to the section by introduction of an explanation with the clear intent that it would apply only as regards subsisting contracts, however, the objective even under the ..... right of a member who had an interest in a contract with the local body was an aspect which was not addressed. the statutory provision under section 12(h) of the act seeks to address such conflict of interest.27. where the mischief is sought to be addressed by introduction of a statutory provision, such statutory provision .....
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
..... same being exercised by the centre under clause 3 of the sugar and gur (control) order, 1950, issued by it in exercise of the powers conferred under section 3 of act 24 of 1946. the prices fixed by the centre were adopted by the state government and the only thing which the state government required under ..... the thirteenth amendment of the us constitution, which prohibits involuntary servitude; the court reasoned that every individual owed certain duties to the state, such as services in the army, militia, the jury, etc., and that the amendment did not intend to bar the enforcement of those duties. (iv) the provisions relating to fundamental rights guaranteed ..... scc366 ,. (ii) the colonial rulers introduced western system of medicine in the country largely to cater to the needs of their settlers, servicemen and sepoys in the army; while the elite india had the options of availing the benefits of western medicine, the indian masses were left to be served by the indigenous system; the vast .....
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