Court : Karnataka
Decided on : Oct-09-2003
Reported in : II(2004)ACC534; 2005ACJ849; ILR2003KAR4911
..... passengers travelling in the same. a claim petition for payment of compensation was originally filed by the widow, minor, children and the parents of the deceased under section 166 of the motor vehicles act before the tribunal at bangalore. the said petition was subsequently amended so as to make a claim for compensation on no fault basis in terms of ..... as a result of the over turning of the tanker, the petrol contained in it started leaking and got collected nearby. few hours after the initial accident, an explosion took place in the petrol tanker resulting in a fire causing burn injuries to a number of persons who had gathered there to collect petrol that was leaking from the ..... to the conclusion that even when the tanker in question had turned turtle and could not be moved unless it was once again put back on wheels yet the explosion resulting in injuries to the people who had gathered to collect petrol was an accident arising out of the use of the vehicle. the following passages from the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-14-2003
Reported in : 2003CriLJ2661; ILR2003KAR1541
..... around the courts for over years to find their cases expeditiously disposed of. the compelling situation activated and prompted the concerned authorities to act swiftly to find out a solution to the problem of docket explosion. in the said context, with a noble object and social purpose under a special scheme, the fast courts have been created. the ..... alone render judgment is not an absolute rule without exception. the code of criminal procedure under different justifiable circumstances permits a departure from its compliance. the provisions of section 407 cr.p.c., empowers this court to transfer the case from one court to another for different reasons and if it is expedient in the ends of ..... in crl.no.929/-01, set aside the order of transfer and restored to the file of ix addl. sessions judge, for disposal on the ground that under section 409 cr.p.c., the sessions judge has no power to transfer the part heard cases from the file of one sessions court to another. subsequently, the impugned .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-15-2003
Reported in : 2004ACJ271
..... prove that the driver of the vehicle involved in the accident was guilty of rash and negligent driving.17. a claim for compensation, whether under section 140 or under section 166 of the act, shall be made by an application. the application shall be in such form and shall contain such particulars as may be prescribed. the form of ..... in each case. the tort of negligence is spread over more and more areas of tortious liability, keeping in tune with the hazards brought about by the automobile explosions and ever-increasing casualties and human pain and suffering arising out of road accidents.27. in the tort of negligence, breach of 'duty' is the chief ingredient ..... stated in column no. 22 and column no. 8 if we consider them conjointly. be that as it may, after the claimant instituted claim petition under section 166 of the act, the respondents fully understanding that the claimant has laid a claim for compensation against them attributing negligence on the part of the respondent no. 1 in .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : 2005ACJ384; ILR2004KAR815
..... should be a causal connection not necessarily a direct and immediate one between the use of the vehicle and the accident causing death or injuries to the claimants. an explosion that takes place hours after the vehicle has turned turtle or a case where the passengers in autorickshaw commit a crime by looting and killing the driver have thus ..... nearby. the court also rejected the contention that after the collision since the tanker had turned turtle, it had ceased to be a motor vehicle so that any explosion on account of the petrol leaking from the tanker could not be said to be an accident arising out of the use of such a vehicle. the petrol tanker ..... the supreme court in minu b. mehta v. balakrishna ramachandra nayan 1977 acj 118 holds the field making proof of fault essential in cases of fault under section 166 of the motor vehicles act. in kaushnuma begum's case supra, the apex court has no doubt borrowed and applied the rule of strict liability as propounded in rylanda v. fletcher .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-26-2003
Reported in : ILR2003KAR2920
..... specific usages the premises could be termed as commercial in order to exclude them from the non-applicability clause contained in clause (g) of sub sec (3) of sec 2 of the act or whether they should be treated as non-residential premises simpliciter not attracting the latter exclusion. 7. the premises in the present case is ..... in reaching the said conclusion as in respect of all premises other than those excluded under clause (a) and (c) of sub-section (2) of section 70 of the act the provisions of the act would apply and since the revision proceedings before the court-below squarely falls under the class of cases and proceedings enumerated in clause (b ..... both sides, the question that arises for my consideration in this revision petition is whether the exception to the non-applicability clause contained in section 2(3)(g) of the act exempting the premises which are exclusively used for commercial purpose and whose plinth area does not exceed fourteen square metres is not attracted to a .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : ILR2005KAR60
..... submission that the corporation was under an obligation to levy a tax on buildings or lands or both situated within its limits referred to in the act as property tax. section 110 of the act, argued mrs. patil, deals with general exemptions and inter alia provides that lands which are registered as lands used for the agricultural purpose in the ..... of the suit. as a result of such i inclusion, the taxes applicable within the corporation limits would by operation of law and in particular section 4 sub-section 4 of the municipal corporation act become applicable to the extended area also. even assuming that the land in question was agricultural land before its inclusion in the corporation limits, the ..... the property or rs. 1,000/-whichever was higher. the market value of the property was in turn to be decided in terms of section 7 of the act. he drew our attention to section 7(2)(b) to argue that where the suit land was an entire estate or a definite share of an estate paying annual revenue to .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-01-2003
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... ordinarily lie from the decisions of the court given in the exerciseof its original civil jurisdiction(2) orders made by the court in anyproceeding under this act under section 25 or 26, shall, subject to theprovisions of subsection (3), be appealable if they are not interim orders,and every such appeal shall lie to ..... declaration of nullity of marriage, annulment of marriage, and divorce. in regard to such a proceeding, jurisdiction is fixed statutorily under section 19 of the hm act read with section 3(b) of hm act and notification dated 2-11-1971. the jurisdiction is not determined with reference to any pecuniary value mentioned by the person who approaches ..... we designate them as principal civil courts of original jurisdiction'.in his concurring judgment, sadasivayya, j., observed thus:'it is no doubt true that under section 3(b) of the act the expression 'district court' means also a 'civil court' which may be specified by the state government, by notification in the official gazette, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2003
Reported in : ILR2003KAR2087; 2003(4)KarLJ193
..... case cannot be regarded as good law particularly having regard to statutory definition of the term 'transfer' under section 2(e) and provisions of sub-section (3) of section 5 of the act and it requires reconsideration. 12. section 2(e) of the act defines the word 'transfer'. it reads as follows: '2(e) 'transfer' means sale, gift, exchange ..... granted land is perverse and untenable. in dealing with that contention, learned judge having considered the definition of the term 'transfer' defined under section 2(e) of the act, held that the definition of 'transfer' is an exclusive definition and it applies to a person in possession under any of the transactions referred ..... grantee.5. the appellant, being aggrieved by the said order of the assistant commissioner preferred an appeal to the special deputy commissioner bangalore under section 5-a of the act, before the appellate authority also, the basic facts pleaded by the respondent no. 3 are not disputed. what was highlighted before the appellate .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-10-2003
Reported in : 2003(4)KarLJ203
..... the rights of the students to take the services of the teachers to give specialised coaching or training to them. the restriction imposed under section 4 of the act only prevents the employees of a recognised educational institution from giving private tuition outside the premises of the recognised educational institutions. the students who ..... the students in the educational institutions. therefore, if the state which has the responsibility of regulating the education in the state, has by incorporating section 4 of the act, mandates recognised educational institutions not to allow tuition by its employees and also prohibits such employees from giving tuition, in my view such a ..... 8. in the light of the rival contentions advanced, the only question that would emerge for my consideration is as to whether sub-section (28) of sections 2 and 4 of the act are liable to be declared as unconstitutional on the grounds urged by the learned counsel appearing for the petitioners?9. it would be useful .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-2003
Reported in : III(2004)ACC273; 2004ACJ484; ILR2004KAR3731
..... by the learned counsel for the respondent 1 and 2 for first time in this appeal is required to be noticed,only to be rejected in limine.(d) motor vehicles act, 1988 - section 166 -quantum - fatal accident - claimants -just and reasonable - father, motherand brother - dependency - the deceased wasearning monthly income of rs. 3,000/- as typist cum-receptionist, as per the salary .....
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