Court : Karnataka Dharwad
..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation ..... performed until the security is given, for the nature of transaction requires that a should have security before he delivers up his stock. section 54 of the contract act is to be read in that background. it is extracted below: when a contract consists of reciprocal promises, such that one of them cannot be performed, or ..... policy covered subsists and it has to satisfy award of compensation by reason of the provisions of sections 147 (5) and 149 (1) of the m.v.act unless the policy of insurance is cancelled by the authorized insurer and intimation of such cancellation has reached the insured before the accident. in other words, where the .....
Tag this Judgment!Court : Karnataka
..... become necessary to direct the state to retrace its steps, again issue a circular or bring necessary amendments to the karnataka police manual, failing which, it would continue to act contrary to law, which the state is not expected to do. a circular shall ensue depicting that in the event different investigating officers investigate into a case and a counter ..... and a.6 who deal blows on the deceased. the others said to have fisted and kicked the deceased. but there are no corresponding injuries to corroborate the overt acts of fisting and kicking. the trial court has committed a grave error in acquitting a-6 for an offence under section 302 ipc. the trial court has convicted only ..... course is difficult viz. to charge one of the two cases or to throw out both, he should seek the opinion of the public prosecutor of the district and act accordingly. a final report should be sent in respect of the case referred as mistake of law and the complainant or the counter-complainant, as the case may be .....
Tag this Judgment!Court : Karnataka Dharwad
..... of labour legislation. we have not been notified any rule or ruling to the contra. the term sheets being the sheet anchor of the insurance contract, which the stakeholders have acted upon and that the claims of the insured farmers have been accordingly settled, it was not open to the learned single judge to direct reframing of the term sheets. that ..... basic idea of assent. a contracting party, unlike a tortfeasor, is bound because he has agreed to be bound. agreement, however, is not a mental state but an act, and, as an act, is a matter of inference from conduct. the parties are to be judged not by what is in their minds, but by what they have said or written or ..... , dy.solicitor general for r2, sri. v.s. kalsurmath, hgcp for r3) notice to r1 and r4 served) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, set aside the judgment and order of learned single judge dated0205-2023 passed in w.p.no.106653/2016 (gm-res) and dismiss the writ petition by .....
Tag this Judgment!Court : Karnataka
..... 20(1), (2), (3) and 23(1) and (2) of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 ( the act for short).2. facts, in brief, germane are as follows:- both the petitioners are doctors. the 1st petitioner is the proprietor of the diagnostic centre ..... the right to enter and search at all reasonable times any genetic laboratory / genetic counselling centre / ultrasonography centre which is suspected to have contravened the act and examine all registers, documents, receipts, books, pamphlets, advertisements or machines and other equipment, and seize and 25 seal these, if the aa believes ..... for providing explanation and order of cancellation or suspension should not be passed during this stipulated time. . . .. indicative checklist for inspection of facilities under the pcpndt act, 1994 a. general information: date and time of inspection: date: time: names/designation of the inspecting authority or details of team members, if applicable: name .....
Tag this Judgment!Court : Karnataka Dharwad
..... court ought not to have impounded the documents, cannot be accepted. the very contention that, without there being any determination about the provisions of the stamp act, which is applicable to the said documents sought to be impounded also cannot be accepted. the trial court while passing the order elaborately discussed the same and ..... lj92 wherein discussion was made in sections 33(1) - 16 - nc:2024. khc-d:11334 wp no.102296 of 2022 and 37(2) of the stamp act. the documents said to be insufficiently stamped not produced in evidence, but produced subsequent to settlement of issues, at the time of filing interlocutory application for temporary injunction ..... considering the question involved in the matter and determining the point for consideration, it is appropriate to extract sections 33, 34 and 37 of the karnataka stamp act, for consideration:33. examination and impounding of instruments.- (1) every person having by law or consent of parties authority to receive evidence, and every person .....
Tag this Judgment!Court : Karnataka
..... complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion ..... complete violation of ingredients of section 354a and other provisions invoked. he would submit that filing a complaint before the internal complaints committee constituted under the act is not a pre-condition to maintain a complaint before the learned magistrate. he would further contend that accused no.7 is clearly alleged of offences, ..... 506 of the ipc. section 354a reads as follows: 354-a. sexual harassment and punishment for sexual harassment. (1) a man committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against .....
Tag this Judgment!Court : Karnataka
..... complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion ..... complete violation of ingredients of section 354a and other provisions invoked. he would submit that filing a complaint before the internal complaints committee constituted under the act is not a pre-condition to maintain a complaint before the learned magistrate. he would further contend that accused no.7 is clearly alleged of offences, ..... 506 of the ipc. section 354a reads as follows: 354-a. sexual harassment and punishment for sexual harassment. (1) a man committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against .....
Tag this Judgment!Court : Karnataka
..... complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion ..... complete violation of ingredients of section 354a and other provisions invoked. he would submit that filing a complaint before the internal complaints committee constituted under the act is not a pre-condition to maintain a complaint before the learned magistrate. he would further contend that accused no.7 is clearly alleged of offences, ..... 506 of the ipc. section 354a reads as follows: 354-a. sexual harassment and punishment for sexual harassment. (1) a man committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against .....
Tag this Judgment!Court : Karnataka
..... in crime no.454 of 2023 registered for offences punishable under sections 409, 465, 201, 110 of the ipc and section 7 of the prevention of corruption act, 1988 ( the act for short) pending before the iv additional chief metropolitan magistrate, bengaluru city.2. facts, in brief, adumbrated are as follows:- the petitioner is a government ..... he would submit that these are all matters of investigation, which cannot be interdicted at this juncture, particularly when the offences are punishable under section 7 of the act or ipc offences inter alia. the offences would all crystallize only after conduct of investigation and filing of a final report. for the perusal of the court, ..... the petitioner herein who is arraigned as accused no.1 and one another for the offences punishable under sections110 201, 409, 465 of ipc and section7of prevention of corruption act, 1988, pending on the file of the hon ble iv addl.cmm, bengaluru city, in so far as petitioner / accused no.1 herein is concerned, produced .....
Tag this Judgment!Court : Karnataka
..... complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion ..... complete violation of ingredients of section 354a and other provisions invoked. he would submit that filing a complaint before the internal complaints committee constituted under the act is not a pre-condition to maintain a complaint before the learned magistrate. he would further contend that accused no.7 is clearly alleged of offences, ..... 506 of the ipc. section 354a reads as follows: 354-a. sexual harassment and punishment for sexual harassment. (1) a man committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against .....
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