Court : Karnataka Dharwad
..... shri s.s.nagananad, appearing for the counsel for the petitioner, contends as follows : that the object in substituting section 6 of the hindu succession act, 1956, by act no.39 of 2005, was to address the discrimination that was inherent in the section as it stood before the amendment, whereby the females did not ..... denman, c.j.made the following oftquoted observations : it was said that the operation of the statute was confined to persons who had become widows after the act was passed, and that the presumption against a retrospective statute being intended supported this construction : but we have before shown that the statute is in its ..... the petitioners are seeking to challenge the constitutional validity of the explanation appended to sub-section (5) of section 6 of the hindu succession (amendment) act, 2005, (act 39 of 2005), namely: explanation: for the purposes of this section partition means any partition made by execution of a deed of partition duly registered under .....
Tag this Judgment!Court : Karnataka Dharwad
..... eyewitness. recovery mahazaar / ex.p.34 is proved by the evidence of the investigating officer with the tending support of section 114(e) of evidence act. accused nos.1 to 4 having been unmistakably identified by pw.3. in the said circumstance, onus of explaining the incriminating circumstances had tilted to the ..... the taluka magistrate for identification parade. he handed over further investigation to police inspector / mahanteshwara who on obtaining sanction from district commissioner for prosecution under arms act and submitted charge sheet to the court. during cross-examination, he admits that while producing the accused the face of the accused were not masked. 25 ..... the statements of the witnesses are recorded. on completion of the investigation and after getting sanction to prosecute the accused under the provisions of the arms act, the investigating officer filed charge sheet against accused nos.1 to 8 by showing accused nos.5 to 8 as absconding accused. 6. learned magistrate committed .....
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..... 2004) bc71 2004 crl.j.3418) held that the hire-purchase agreement involved in the case between the financial institution and the hirer stood determined by the act of parties, the cheques which were accepted by the financial institution towards advance for repayment of the hire would become instruments without consideration and that they will be ..... the ground that the vehicle was the subject of hire purchase agreement, is seized under hypothecation agreement: the complainant 5 cannot invoke section 138 of n.i. act and the witness p.w.1 had not produced original authorisation letter in favour of the director, who authorised him to file the complaint, hence the complaint ..... 2015 before the hon ble mrs. justice rathnakala criminal appeal no.2722/2009 between: m/s.shriram transport finance co. ltd. a company regd.under the companies act having its admn.office at mookambika complex,iii floor,4,lady desikacharya mylapore,r/b its pa holder g.krishnamurthy s/o g devareddy gouda opp.jayaram hospital, .....
Tag this Judgment!Court : Karnataka Dharwad
..... 71, 2004 crl.j. 3418) held that the hire-purchase agreement involved in the case between the financial institution and the hirer stood determined by the act of parties, the cheques which were accepted by the financial institution towards advance for repayment of the hire would become instruments without consideration and that they will be ..... the ground that the vehicle was the subject of hire purchase agreement, is seized under hypothecation agreement: the complainant cannot invoke section 138 of n.i. act and the witness p.w.1 had not produced original authorisation letter in favour of the director, who authorised him to file the complaint, hence the complaint ..... finance company limited filed a private complaint through its general power of attorney holder against the accused alleging the offence punishable under section 138 of n.i. act. the allegation was, the accused being a customer of the company availed loan from the company to purchase tata tipper vehicle for a total hire purchase .....
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..... of s.19 having been provided, when availed by an aggrieved person, should be considered and decided in the manner therein. 7. relevant portion of s.19 of the act reads as follows: 19. power of licensing authority to disqualify from holding a driving licence or revoke such licence-. (1) if a licensing authority is satisfied, after ..... relevant portion of the said order reads thus: ( language ) 2. feeling aggrieved, petitioner filed an appeal, under s.19(3) of the act read with rule 4 of karnataka motor vehicles rules, 1989, before the 2nd respondent. the appellate authority having narrated the facts and noticed the contentions, without application of mind to ..... the said statement and there being no other evidence, the 3rd respondent, in exercise of the power under s.19(1)(c) of the motor vehicles act, 1988 (for short the act), passed an order dated 07.10.2014, vide annexure b and disqualified the petitioner from holding the driving licence, for a period of four months. the .....
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..... legal, has not been considered and no reasons have been assigned for not accepting the same. since, the provision under sub- section (3) of section 19 of the act, provides to any person aggrieved by an order made by the licensing authority under sub-section (1), the right to prefer an appeal to the prescribed authority and the ..... of s.19 having been provided, when availed by an aggrieved person, should be considered and decided in the manner therein.7. relevant portion of s.19 of the act reads as follows:19. power of licensing authority to disqualify from holding a driving licence or revoke such licence-. (1) if a licensing authority is satisfied, after giving the ..... . despite the said statement and there being no other evidence, the 3rd respondent, in exercise of the power under s.19(1)(c) of the motor vehicles act, 1988 (for short the act ), passed an order :4. : dated 07.10.2014, vide annexure b and disqualified the petitioner from holding the driving licence, for a period of four months .....
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..... themselves. the acquired land got vested in the state government and the municipal corporation free from all encumbrances as enjoined by section 16 of the land acquisition act. thus, right to get more compensation got vested in diverse claimants by passing of the award, as well as vested right was created in favour of ..... been taken before the filing of the writ petitioner. moreover, the appellants sought enhancement of compensation by filing reference application under section 18 of the land acquisition act, 1894. simultaneously, the appellants filed writ petition before the high court of rajasthan after passing of the award. 16. this court has repeatedly held that a ..... considered while exercising the power under article 226 and such defence must be examined by taking into consideration the length of delay and the nature of the acts done during this interregnum period namely during such intervals and cause for such delay. the honble apex court in the following case has considered the delay .....
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..... filed under section 24 of the hindu marriage act, 1955. despite the objections being filed vide annexure-d, an order having been passed, allowing the application in part and directed the petitioner to pay interim maintenance at rs.4 ..... living away from each other. the petitioner has instituted m.c.no.114/2013 against the respondent, under section 13(1)(i-a) and (i-b) of the hindu marriage act, 1955 in the family court at belgaum to pass a decree of divorce. the case has been contested by the respondent by filing statement of objections. i.a.ii was .....
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..... d) light motor vehicle, (e) transport vehicle, (f) road roller and (g) motor vehicle of other specified description. the definition clause in section 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of section 10. they are goods carriage, heavy-goods vehicle, heavy passenger motor ..... for a period of 30 days. 10. one other development that is relevant is the amendment of sub-section (2) of section 10 by the motor vehicles (amendment) act, 1994 in the said section, the following kinds of vehicles were specified: .................. (e) medium goods vehicle, (f) medium passenger motor vehicle, (g) heavy goods vehicle ..... licence issued by the competent authority prescribed, authorizing a person to drive a motor vehicle of a specified class or description. 4. section 3 of the mv act prohibits a person from driving a transport vehicle , unless his driving licence specifically entitles him so to do. 5. a goods carriage is defined as any .....
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..... (d) light motor vehicle, (e) transport vehicle, (f) road roller and (g) motor vehicle of other specified description. the definition clause in section 29 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub- section (2) of section 10. they are `goods carriage', `heavy-goods vehicle', `heavy passenger ..... district. respondents (by shri. hanumanthareddy sahukar, advocate for respondent no.2 respondent no.1 served) this miscellaneous first appeal filed under section 173(1) of motor vehicle act, 1988, against the judgment and award dated 12.06.2009 passed in mvc no.579/2006 on the file of the member, mact-i, bellary, awarding the ..... ka357210, resident of ramasagar, hospet, bellary district. (respondent nos. 1 and 2 served) respondents this miscellaneous first appeal filed under section 173(1) of motor vehicle act, 1988, against the judgment and award dated 12.06.2009 passed in mvc no.578/2006 on the file of the member, mact no.i, bellary, awarding .....
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