Court : Karnataka Dharwad
..... will be relevant for consideration, yet the tribunal is not precluded from deciding the question of negligence in an action under section 166 of he motor vehicles act. 22. for the reasons discussed above, i am satisfied claimants evidence proved there was no negligence in the driving of the motorcycle rider and culpable ..... . raichur that the claimants cross-objection is not maintainable. 17. apart from technical objections raised, impugned award is assailed on the ground tribunal has unjustifiably fastened act of negligence on the lorry driver, instead of rider of motorcycle. i have re-apprised the evidence. the victims were riders of a motorcycle, and the unfortunate ..... in the said accident. the legal heirs of victims lodged claim seeking compensation. 4. the insured owner of the vehicle did not dispute claim averments regarding act of negligence attributed to the driver of the lorry in question. the insurer of the vehicle, who is appellant herein, seriously opposed the claim firstly on .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the federal society when he ceases to be the director of the primary society, which he represents? 14. chapter iii of the karnataka co-operative societies act, 1959, provides for eligibility criteria to become members of co-operative societies and their rights and liabilities. it also provides for disqualification for membership, cessation of ..... membership, etc. section 21 of the act lays down manner of exercising vote at a general meeting or an election of the members of the committee of a co-operative society. the said section ..... , such newly elected committee shall send a delegate or nominee to any other co-operative society where it is a member. 15. chapter iv of the act provides for the management of co-operative societies. it contains section 29-c, which provides for disqualification of membership of the committee. the relevant provision is .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the federal society when he ceases to be the director of the primary society, which he represents? 14. chapter iii of the karnataka co-operative societies act, 1959, provides for eligibility criteria to become members of co-operative societies and their rights and liabilities. it also provides for disqualification for membership, cessation of ..... membership, etc. section 21 of the act lays down manner of exercising vote at a general meeting or an election of the members of the committee of a co-operative society. the said section ..... , such newly elected committee shall send a delegate or nominee to any other co-operative society where it is a member. 15. chapter iv of the act provides for the management of co-operative societies. it contains section 29-c, which provides for disqualification of membership of the committee. the relevant provision is .....
Tag this Judgment!Court : Karnataka Dharwad
..... , after holding necessary enquiry makes an award inter alia determining the amount of compensation payable for the lands acquired. section 15 of the act says that in determining the amount of compensation, the deputy commissioner shall be guided by the provisions contained in sections 23 and 24. section 23 ..... make a distinction between the amount awarded as compensation and interest payable on the amount so awarded. perusal of the different provisions of the land acquisition act would disclose that after the statutory notifications are issued and the requisite notice is given to the persons interested in the lands acquired, the deputy commissioner ..... officer, koppal, the second respondent herein is justified in deducting 10% of the interest awarded under sections 28 and 34 of the land acquisition act, 1894 (for short `the act) towards deduction of tax at source though the lands acquired were agricultural lands. 2. the petitioners were the owners of agricultural lands at .....
Tag this Judgment!Court : Karnataka Dharwad
..... a police officer to put in a charge sheet and start a prosecution not caring whether it is true or false. the court has discussed the importance of the police acting impartially and honestly in investigating the crime and launching prosecutions in the courts. in the case of krishna pannadi vs. emperor the madras high court has observed that, there is ..... to be applied is whether the accused had a fair trial in spite of the transgression of the prescribed rule or procedure. in judging the question of prejudice, courts must act with a broad vision and look to the substance and not to technicalities and their main concern should be to see whether the accused had a fair trial; whether he .....
Tag this Judgment!Court : Karnataka Dharwad
..... mandate consultation, as the power exercised by the chancellor and the state government under sub-section (4) of section 14 is concurrent i.e., when the authorities act in conjunction by co-operating with each other to bring about the same effect. therefore, the word concurrence cannot mean approval, consent or assent. it ..... before appointing the vice chancellor to the 4th respondent-university . he submitted that though the power has been purportedly exercised under section 14(4) of the act by the chancellor, nevertheless, by ignoring the recommendation made by the government and appointing the third respondent, without the concurrence of the state government, is in ..... he is said to be the senior most professor in the 4th respondent-karnatak university(hereinafter, referred to as the university) established under section 3 of the act. the achievements of the petitioner are stated at annexure-a. he is presently, the registrar of the respondent-university. 3. the vice-chancellor of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... as the appellant no.2 is concerned. the state is directed to place the records before the juvenile justice board of enquiry under juvenile justice (care and protection of children) act, 2000 and this appeal is proceeded against the accused no. 1/appellant no.1 halappa bharama gavanale. 15. we have heard the learned counsel for the 1st appellant sri. ashok ..... is taken up for hearing, the learned counsel for the appellant no.2 has submitted an application under section 7 (a) of the juvenile justice (care and protection of children) act, 2000 stating that the 2nd appellant rama halappa gavanale was a minor not only at the time of commission of alleged crime but also at the time of trial and .....
Tag this Judgment!Court : Karnataka Dharwad
..... addressing, prepaying and posting by registered post, a letter containing the document. according to the learned counsel appearing for the appellants, section 15 of the act having not specified the mode of service, the soldier was justified in sending the notice under certificate of posting and presumption as to service needs to be ..... counsel appearing for the legal representatives of the tenant/contesting respondents, on the other hand submitted that, the statutory notice contemplated under section 15 of the act was not served and hence the learned single judge is justified in passing the impugned order. learned counsel submitted that, there being no dispute of the ..... the addressee and hence, the asst. commissioner is justified in granting the relief to the soldier under sub section (4) of section 15 of the act. learned counsel submitted that, the contrary finding recorded by the learned single judge is perverse and calls for interference, secondly, the direction issued by the learned .....
Tag this Judgment!Court : Karnataka Dharwad
..... sugarcane according to its daily crushing capacity which should be spread over the entire crushing season of about six months. the u.p. sugarcane (regulation supply and purchase) act, 1953; v.p. sugarcane (regulation of supply and purchase) rules, 1954 and the u.p. sugarcane supply and purchase order, 1954, have been made to ..... find out what was the object with which these provisions have been enacted. 17. in exercise of the powers conferred under section 3 of the essential commodities act 1955, the central government has made sugarcane control order 1966, which defines the factory, price, producer of sugar, reserved area and the year. section 3(d ..... reserved. in spite of the order when the government did not initiate any criminal proceedings, the petitioner initiated criminal prosecution under the provisions of essential commodities act. in the meanwhile five farmers of the reserved area filed w.p.no.37820/2009 for a writ of mandamus seeking direction to the deputy commissioner, bellary .....
Tag this Judgment!Court : Karnataka Dharwad
..... of limitation; (ii) if the complainant satisfies the court that there is sufficient cause in making complaint within the said period. 21. section 3 of the limitation act reads as under: bar of limitation (1) subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and ..... no principle of interpretation of statues is more firmly settled than the rule that the court must deduce the intention of parliament from the words used in the act. applying such a rule, this court observed in s.narayanassamy vs. g. pannerselvam(4) that where the statues meaning is clear and explicit, words cannot ..... is required to be made for avoiding harassment to the hones drawers. 11. proviso to section 142 is added under amendment brought in to the negotiable instrument (amendment) act,2002. section 142 after amendment reads as follows: 142. cognizance of offences. notwithstanding anything contained in the code of criminal procedure,1973 (2 of 1974), - .....
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