Court : Karnataka Dharwad
..... as such also, the insurer cannot discriminate among the claimants indiscriminately by his act of satisfying some of the awards admitting its liability and opposing its alleged liability with respect to few other claimants, who also stand exactly in the ..... is estopped and cannot be discharged from his liability towards the claimants in this batch of cases. it is also for the reason that the motor vehicles act, 1988 insofar as the principles relating to payment of compensation to the injured/victims/dependents are concerned, is to be treated as a social beneficial legislation. ..... r/o hullur village, tq. muddebihal, dist. bijapuir. ... respondents (sri.madanmohan m.khannur, adv. for c/r1, r2 served) this mfa is filed under section1731) of mv act, against the judgment and award dated1802.2010 passed in mvc no.3384/2005 on the file of the presiding officer, fast track court-ii and member, addl. mact, belgaum, .....
Tag this Judgment!Court : Karnataka Dharwad
..... apart from agricultural income of `2,00,000/- per year. if the averments are accepted by the courts, then the petition under section 163-a of m.v.act is not maintainable.5. in his support, the learned counsel for the appellant relied upon two reported judgments. the first judgment is, bangalore metro transport corporation vs lakshmamma ..... by the learned counsel for respondent nos.1 to 5/claimants. the hon ble supreme court after a detailed discussion including regarding legislative history of the m.v.act was pleased to observe that, in kodala, the contention of the appellant that right to get compensation is in addition to no-fault liability was rightly rejected ..... of the deceased only at `110/- per day, the only contention of the appellant that the claim petition was not maintainable under section 163-a of m.v.act is not accepted.15. barring this, the appellant neither has taken any other grounds nor addressed arguments on any other grounds, which requires to be considered. accordingly, .....
Tag this Judgment!Court : Karnataka Dharwad
..... another that pension being a pecuniary advantage receivable by 10 the heirs on account of ones death, such amount will not come within the periphery of the motor vehicles act to be termed as a pecuniary advantage liable for deduction . in his support, the learned counsel for the appellants has relied upon a decision of our hon ..... for pronouncement of judgment, this day, dr h.b.prabhakara sastry j, pronounced the following: judgment this appeal is filed under section 173(1) of the motor vehicles act, 1988, seeking enhancement of compensation awarded by the principal senior civil judge and motor accident claims tribunal, belgaum (hereinafter referred to as the tribunal for short), by its ..... bangalore 52. respondents (by shri. s.k.kayakamath, advocate for r-2, r1 notice dispensed with) this mfa is filed under section 173 (1) of m.v. act, 1988, against the judgment and award dated 10.10.2011 passed in mvc no.1001/2010 on the file of principal senior civil judge and member, mact, belgaum, partly .....
Tag this Judgment!Court : Karnataka Dharwad
..... the slr investment made by the assessee bank during the period in question as per statutory requirements?. we take up the issue first relating to 14a of the act. disallowance under section 14a expenditure incurred to earn exempted income:3. the relevant findings of the assessing authority for the assessment year 2011-12 at assessment order ..... of ground realities. it has to have a reasonable and close nexus with the factually incurred expenses. it is not deemed disallowance under section 14a of the act but an enabling provision for assessing authority to compute the same on the given facts and figures in the regularly maintained books of accounts. the assessing authority ..... clause shall be made in respect of such excess. explanation. in this caluse (a) specified entity means, - (i) a financial corporation specified in section 4a of the companies act, 1956 (1 of 1956); (ii) a financial corporation which is a public sector company; (iii) a banking company; (iv) a co-operative bank other than a .....
Tag this Judgment!Court : Karnataka Dharwad
..... dated1912.2013, passed in matrimonial case no.42/2013 on the file of the principal judge, family court, bellary, allowing the petition filed under section13of the hindu marriage act. this appeal having been heard and reserved for judgment on1004.2017 and coming on for pronouncement of judgment this day, dr. h. b. prabhakara sastry, j., ..... as the marriage has irretrievably broken down, as such, the family court was justified in granting divorce.17. desertion for the purpose of seeking divorce under the act, means intentional permanent forsaking and abandonment of one spouse by the other without that other s consent and without reasonable cause. thus, it is a total ..... . sulochana sadanand rawool reported in air1989bombay220 the learned single judge of the bombay high court was pleased to observe that an application under section 25 of the act need not necessarily be in writing and that it can be oral also. in the instant case, admittedly, the learned counsel for the petitioner-husband, since .....
Tag this Judgment!Court : Karnataka Dharwad
..... again a suo motu inspection of the college after 31st december, 2016 to verify the compliance report submitted by the college in terms of the provisions under indian medical council act, 1956 relevant regulations and norms of the ccim and shall submit the recommendations and inspection report to the ministry of ayush by the end of march 2017 positively, so that .....
Tag this Judgment!Court : Karnataka Dharwad
..... civil procedure, 1908, governing the adjudication of a suit, so as to ensure that the process of adjudication of a suit be continuous from the stage of initiation to (1871-72) 14 moore s i.a. 605 (2009) 9 scc689the stage of securing relief after execution proceedings. the execution proceedings which are supposed to be handmaid of justice ..... of small causes judge and the execution is also pending before that court. even taking into consideration of the fact that the order passed under the karnataka rent control act has to be executed and is executable by a civil court, even then the requirements of order 21 rule 29, is not satisfied because the suit is pending ..... court shall if it grants stay without requiring security, record its reasons for so doing." the underlined words and the proviso have been inserted by c.p.c. (amendment) act 104/1976.6. the learned civil judge after referring to a decision of the supreme court in shaukat hussain @ ali akrarn and others v. smt. bhuneswari devi (dead .....
Tag this Judgment!Court : Karnataka Dharwad
..... state is competent to enter into any trade or business like a private individual without a specific legislation sanctioning such activity. art. 298 has been amended vide constitution (7th amendment) act, 1956 to make it clear that the right to carry on a trade or business is included in the executive power of the union or a state. it is thus .....
Tag this Judgment!Court : Karnataka Dharwad
..... public servant, which meticulously says that whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, is directed to abstain from a certain act, or to take certain order with certain property in his possessions or under his management, disobeys such directions is punishable under section 143 of ipc.8. on perusal of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... respondent no.1 was aggrieved by the order of punishment dated 21.04.2001, he filed an appeal before the - 6 - learned tribunal under section 94 of the karnataka education act, 1993. according to respondent no.1, an unfair and improper domestic enquiry had been held against him. the said plea raised by the respondent no.1 was denied by the .....
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