Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... 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. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... 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. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... 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. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka Dharwad
..... in connection with or as a consequence of a dispute.10. four categories of workmen are excluded: (a) persons subject to the air force act, the army act or the navy act; (b) persons who are employed in the police service; (c) persons employed as officers or those employees who are in a managerial or ..... the learned counsel appearing for the corporation, however, submitted that during this period of training, there are several cases of selected candidates being unauthorisedly absent, commit acts of misconduct, etc., for which action has to be taken as provided under the regulations relating to misconduct, and until the proceedings are concluded, they cannot ..... operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute .....
Tag this Judgment!Court : Karnataka Dharwad
..... in connection with or as a consequence of a dispute.10. four categories of workmen are excluded: (a) persons subject to the air force act, the army act or the navy act; (b) persons who are employed in the police service; (c) persons employed as officers or those employees who are in a managerial or ..... the learned counsel appearing for the corporation, however, submitted that during this period of training, there are several cases of selected candidates being unauthorisedly absent, commit acts of misconduct, etc., for which action has to be taken as provided under the regulations relating to misconduct, and until the proceedings are concluded, they cannot ..... operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute .....
Tag this Judgment!Court : Karnataka Dharwad
..... in connection with or as a consequence of a dispute.10. four categories of workmen are excluded: (a) persons subject to the air force act, the army act or the navy act; (b) persons who are employed in the police service; (c) persons employed as officers or those employees who are in a managerial or ..... the learned counsel appearing for the corporation, however, submitted that during this period of training, there are several cases of selected candidates being unauthorisedly absent, commit acts of misconduct, etc., for which action has to be taken as provided under the regulations relating to misconduct, and until the proceedings are concluded, they cannot ..... operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute .....
Tag this Judgment!Court : Karnataka Dharwad
..... in connection with or as a consequence of a dispute.10. four categories of workmen are excluded: (a) persons subject to the air force act, the army act or the navy act; (b) persons who are employed in the police service; (c) persons employed as officers or those employees who are in a managerial or ..... the learned counsel appearing for the corporation, however, submitted that during this period of training, there are several cases of selected candidates being unauthorisedly absent, commit acts of misconduct, etc., for which action has to be taken as provided under the regulations relating to misconduct, and until the proceedings are concluded, they cannot ..... operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute .....
Tag this Judgment!Court : Karnataka Dharwad
..... in connection with or as a consequence of a dispute.10. four categories of workmen are excluded: (a) persons subject to the air force act, the army act or the navy act; (b) persons who are employed in the police service; (c) persons employed as officers or those employees who are in a managerial or ..... the learned counsel appearing for the corporation, however, submitted that during this period of training, there are several cases of selected candidates being unauthorisedly absent, commit acts of misconduct, etc., for which action has to be taken as provided under the regulations relating to misconduct, and until the proceedings are concluded, they cannot ..... operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute .....
Tag this Judgment!Court : Karnataka Dharwad
..... holding that the accused is the author of the crime. in this case, the conduct of the accused would be relevant under section 8 of the indian evidence act. with regard to his immediate reactions of producing the incriminating articles, the conduct of the accused prior to the incident also plays an important role.84. it is ..... to discard any of the circumstances to connect the accused in the commission of the crime.77. while appreciating evidence as required under section 3 of the indian evidence act, more particularly, circumstantial evidence, in a case of present nature i.e. murder, when the prosecution relies upon circumstantial evidence, it is for the prosecution to prove ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.154. these five golden principles, if we may say so, constitute the panchsheel of the proof of a case based .....
Tag this Judgment!Court : Karnataka Dharwad
..... have committed the offence. the prosecution is able to establish ingredients of offence under section 354 of ipc against accused no.1 who had a simple knowledge that his acts are sufficient to constitute the offence.33. the learned trial court as well as the first appellate court have rightly concluded, that this accused no.1 has committed ..... court either believes it to adjust or consider its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that with exists.24. disproved means a fact is said to be disproved when, after considering the matters before it, the court - 22 - nc: ..... 1 being the author of the crime has committed the offence in the manner stated in the complaint by the complainant - nagaraj.23. under the provisions of the indian evidence act, 1872, we find the words used as proved , disproved , not proved . a fact is said to be proved when, after considering the matters before it, the .....
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