Court : Karnataka
..... khc:38623 mfa no.7089 of 2016 c/w mfa no.6824 of 2016 and 4659/2018 (mv) dd2408.2020 with reference to section 149(1) of motor vehicles act, 1988, rule 253 of karnataka motor vehicles rules, 1989 and section 34 of civil procedure code, at para 52 has laid down principles regarding award of interest, it reads thus:"52 ..... o mahesh,advocate for r3; v/o dated1303.2019, notice to r1 and r2 is held sufficient) this mfa is filed u/s1731) of mv act against the judgment and award dated0408.2016 passed in mvc no.5227/2013 on the file of the x additional judge, mact, court of small causes, bangalore, partly allowing the claim petition for compensation and seeking ..... bhat, advocate for r1 to r3; v/o dated2003.2018, notice to r4 and r5 held sufficient) this mfa is filed u/s1731) of mv act against the judgment and award dated0408.2016 passed in mvc no.5227/2013 on the file of the x additional judge, mact, court of small causes, bangalore, awarding - 3 - nc:2024 ..... khc:38623 mfa no.7089 of 2016 c/w mfa no.6824 of 2016 act, 1988 (for short 'mv act') and also under rule 52 of the central motor vehicles rules, 1989 (for short 'cmv rules') ..... main reliance is placed on the charge sheet filed against the driver of the vehicle under sections 56, 66 of the mv act and rule 52 of the cmv rules. ..... under section 149(2), even if it is a fundamental breach (that is breach of condition which is the cause for the accident) and the insurer proves the said breach, in view of the mandate under section 149(1) of the act. .....
Tag this Judgment!Court : Karnataka
..... khc:38623 mfa no.7089 of 2016 c/w mfa no.6824 of 2016 and 4659/2018 (mv) dd2408.2020 with reference to section 149(1) of motor vehicles act, 1988, rule 253 of karnataka motor vehicles rules, 1989 and section 34 of civil procedure code, at para 52 has laid down principles regarding award of interest, it reads thus:"52 ..... o mahesh,advocate for r3; v/o dated1303.2019, notice to r1 and r2 is held sufficient) this mfa is filed u/s1731) of mv act against the judgment and award dated0408.2016 passed in mvc no.5227/2013 on the file of the x additional judge, mact, court of small causes, bangalore, partly allowing the claim petition for compensation and seeking ..... bhat, advocate for r1 to r3; v/o dated2003.2018, notice to r4 and r5 held sufficient) this mfa is filed u/s1731) of mv act against the judgment and award dated0408.2016 passed in mvc no.5227/2013 on the file of the x additional judge, mact, court of small causes, bangalore, awarding - 3 - nc:2024 ..... khc:38623 mfa no.7089 of 2016 c/w mfa no.6824 of 2016 act, 1988 (for short 'mv act') and also under rule 52 of the central motor vehicles rules, 1989 (for short 'cmv rules') ..... main reliance is placed on the charge sheet filed against the driver of the vehicle under sections 56, 66 of the mv act and rule 52 of the cmv rules. ..... under section 149(2), even if it is a fundamental breach (that is breach of condition which is the cause for the accident) and the insurer proves the said breach, in view of the mandate under section 149(1) of the act. .....
Tag this Judgment!Court : Karnataka
..... way of an alternative story as to why the duly signed cheques were handed over to the company and no case is set up with nature of transaction which availed beyond the scope of section 138 of ni act and whether the petitioner was in charge of the affair of the firm or not, again it is a disputed fact and i have already pointed out that in paragraph-2 of the complaint, specific averments are ..... the payee or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the partnership firm concerned, then it will have to be construed that such ..... from the managing partner, 2 other partners are responsible and in charge of the business of the partnership firm at the time of committing the offence under sec.138 of the n.i.act, has never been raised in the reply notice (which has never been sent) or while cross-examining pw-1 or at the stage of sec.313 questioning of the accused or even ..... not applicable to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of an appeal under sec.11(2) of the special court's act,1979 which was enacted for a special purpose for speedy disposal of cases and the special court was headed by a sitting judge of the high court; iv) that the judgment in .....
Tag this Judgment!Court : Karnataka
..... way of an alternative story as to why the duly signed cheques were handed over to the company and no case is set up with nature of transaction which availed beyond the scope of section 138 of ni act and whether the petitioner was in charge of the affair of the firm or not, again it is a disputed fact and i have already pointed out that in paragraph-2 of the complaint, specific averments are ..... the payee or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the partnership firm concerned, then it will have to be construed that such ..... from the managing partner, 2 other partners are responsible and in charge of the business of the partnership firm at the time of committing the offence under sec.138 of the n.i.act, has never been raised in the reply notice (which has never been sent) or while cross-examining pw-1 or at the stage of sec.313 questioning of the accused or even ..... not applicable to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of an appeal under sec.11(2) of the special court's act,1979 which was enacted for a special purpose for speedy disposal of cases and the special court was headed by a sitting judge of the high court; iv) that the judgment in .....
Tag this Judgment!Court : Karnataka
..... by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary; (emphasis supplied) section 13 of the cpcr act thus empowered the petitioner to enter into any home that houses children in whatever name they were existing. ..... social organisation, where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary.2. the commission, as per its role under cpcr act, 2005 and juvenile justice act, 2015, conducted an inspection visit to darul uloom sayeediya yateemkhana situated at 3rd cross rd ..... in exercise of powers conferred under section 13 of the commissions for protection of child rights act, 2005 (for short cpcr act ), the petitioner in terms of the official tour programme, intends to inspect juvenile or custodial homes or any other place of residence or institution meant ..... (hereinafter referred to as "the commission') is a statutory body constituted under section 3 of the commission for protection of child rights (cpcr) act, 2005 to protect the child rights and other related matters in the country the commission is further mandated to monitor the proper and effective implementation of protection of children from sexual offences (pocso) act, 2012; juvenile justice (care and protection of children) act, 2015 and right to free and compulsory education (rte .....
Tag this Judgment!Court : Supreme Court of India
..... as she did not attribute any overt act or active participation to sambhaji who had accompanied khemaji (accused no.2), the high court gave him the benefit of doubt. ..... as she had stated that the assault on the deceased 4 was made by khemaji (accused no.2), saheb (accused no.3) and sitaram (accused no.5), the high court acted upon the same. .....
Tag this Judgment!Court : Karnataka Dharwad
..... settled in law that when an application is filed and the issue is with regard to the trademark dispute is pending, section 124 of the act ought to have been read in entirety and the same has to be interpreted ordinarily in plain language by keeping in mind the intention of ..... issued to the respondent herein by the registrar of trademarks, chennai on 08.10.2012 and petitioners herein also filed an application in i.a.no.vii under section 124 of the trade marks act, 1999 (hereinafter referred as the act for brevity) seeking stay of further proceedings in o.s.no.3/2012 pending the rectification proceedings before the trademarks registrar, chennai on 21.02.2013. ..... for rectification of the trademark of the respondent on 21.02.2013 and also respondent herein filed objections to the application filed by the petitioner under section 124 of the trade marks act, 1999 on 28.02.2013 and the trial court having heard both the counsels, dismissed the application vide order dated 30.03.2013. ..... apart from that, having considered and discussed the material available on record, particularly section 124 in toto, the very act is very clear that if any application for rectification is pending and the same has to be adjudicated and till then ..... counsel would also vehemently contend that when the application was filed under section 124 of the act, the respondent has also filed objections to the said application in terms of annexure-h and the order passed by the trial court is also produced as annexure-j.he also .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant filed an application under order vii rule 11 of the code of civil procedure, 1908 ( cpc ) read with section 86 of the representation of the people act, 1951 ( rpa ) for rejection of the petition, which was dismissed. ..... further, the proviso to section 83(1) of the act requires that the election petition shall also be accompanied by an affidavit in prescribed form to support the allegations of corrupt practices.7. .....
Tag this Judgment!Court : Karnataka Dharwad
..... vendor was not having any right and had suffered a decree, if he conveys any right interest in favour of the present petitioner and the same is also subject to lis pendens section 52 of tp act and hence, i do not find any error committed by the trial court in dismissing the application and no need of adjudicatory process in view of factual admitted facts available on record.23. ..... on justice, equity and good conscience and a transferee from a judgment debtor is presumed to be aware of the proceedings before a court of law and it recognizes the doctrine of lis pendens section 52 of the transfer of property act, 1882 and held that if unfair, inequitable or underserved protection is afforded to a transferee pendente lite, a decree holder will never be able to realize the fruits of his decree.12. ..... is based on justice, equity and good conscience and a transferee from a judgment debtor is presumed to be aware of the proceedings before a court of law and it recognizes the doctrine of lis pendens section 52 of the tp act and held that if unfair, inequitable or underserved protection is afforded to a - 19 - nc:2024. ..... khc-d:13123 wp no.108019 of 2023 revisional court cannot act contrary to express provision of section 115(2) and entertain revision on ground of cutting short ..... that the property is purchased after taking reasonable care to ascertain that the transferee has the requisite power to transfer said land and finally that the parties have acted in good faith as required - 18 - nc:2024. .....
Tag this Judgment!Court : Karnataka
..... recorded under section 164 of the code of criminal procedure, 1973 before the learned magisterial court, could be exhibited under section 80 of the evidence act, 1872 whereby the right of the accused to question 30 the prosecution witnesses on these statements could be snatched away?. b. ..... justice of the karnataka high court by order dated 12.01.2021 constituted a bench to consider the reference made by the single judge of that court under the provisions of protection of children from sexual offences act, 2012 ( pocso act ) and under section 164 and other provisions of the code of criminal procedure ( cr.p.c. ). ..... 'ble bench has answered the issue no.2 by holding that non compliance of section 35 of pocso act cannot be a basis for releasing accused on bail as that could be the misreading of the ..... investigation the police file a charge sheet on 25-10- 2022 for offences punishable under sections 376(2)(n), 376(da), 376(3), 201, 202, 506 r/w 34 and 37 of the ipc, sections 17, 5(l), and 6 of the protection of children from sexual offences act, 2012 ( pocso act for short), sections 3(f) and 7 of the religious institution prevention of misuse act, 1988, section 75 of the 4 juvenile justice (care and protection of children) act, 2015 and section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the sc/st act, 1989. ..... recorded under section 164 crpc is a previous statement and can only be confronted in accordance with section 145 of the evidence act and relevant portion should be made part of the deposition. .....
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