Court : Karnataka Kalaburagi
..... it is the combination of a tractor and a trailer which constitutes a full fledged goods carriage which is a kind of a transport vehicle as defined under section 2(47) of the act which reads as transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; 13. further, the combination ..... 000 kilograms; it (tractor) cannot be used for carrying on any activities without the help of trailer or any other equipment viz., plough etc.11. as per section 2(46) of the act trailer means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; by reading of the ..... definition of tractor, it is clear that tractor is not constructed to carry any load. although tractor is a kind of heavy goods vehicle as defined under section 2(16) of the act which reads as heavy goods vehicle means any goods carriage the gross vehicle weight 11 of which, or a tractor or a road-roller the unladen weight of .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... by mr.sreevatsa, learned senior counsel representing the appellant is that no substantial question of law has been framed in regard to inhibition found in section 32 of the contract act to enforce the relief of specific performance based on a contingent contract. both the parties knew very well that the lands in question were the ..... the contents of ex.p1, it is very clear that the parties did not know as to when exactly the litigation would come to an end. section 32 of the contract act, 1872, speaks about enforcement of a contract contingent on an event happening. the same being relevant, is extracted below: 32. enforcement of contracts contingent ..... execution of the agreement of sale and receipt of consideration and suffers a negative finding in this regard, cannot take shelter under the provisions of section 20(2) of the specific relief act.7. per contra, learned counsel for the respondent, mr.amitkumar deshpande has argued that though the trial court has answered issues relating to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... by mr. sreevatsa, learned senior counsel representing the appellant is that no substantial question of law has been framed in regard to inhibition found in section 32 of the contract act to enforce the relief of specific performance based on a contingent contract. both the parties knew very well that the lands in question were the ..... the contents of ex.p1, it is very clear that the parties did not know as to when exactly the litigation would come to an end. section 32 of the contract act, 1872, speaks about enforcement of a contract contingent on an event happening. the same being relevant, is extracted below: 32. enforcement of contracts contingent ..... execution of the agreement of sale and receipt of consideration and suffers a negative finding in this regard, cannot take shelter under the provisions of section 20(2) of the specific relief act. 7. per contra, learned counsel for the respondent, mr. amitkumar deshpande has argued that though the trial court has answered issues relating to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... crl.l.j. 424) have been referred to hold that prosecution against any member of the force cannot be continued without fulfilling the mandatory provisions of section 20(3) of the act. in fact, the high court of patna had quashed the very proceedings initiated against a member of the force on the ground that action had been initiated ..... filed before the special court was time barred and the special court could not have entertained the complaint in view of the inhibition found in section 20(3) of the railway protection force act, 1957, as also section 468, cr.p.c. 6. per contra, mr.prakash yeli, addl. spp for the respondent-complainant has supported the judgment of ..... this ground also, the complaint initiated before the special court was specifically barred by time. 13. no provision is found in section 20 of the act to condone the delay in filing the complaint. section 11 of the act which has come into effect from 1.7.2004 speaks about the duties of the members of the railway force. it .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... bahadure .v. state of maharashtra ([2009] 3 scc (crl.) 162. the relevant discussion is found ion paragraphs 166 and 167. 29. section 304-ii, i.p.c applies when the accused has knowledge that it his act is likely to cause death but has no intention to cause death. this clause will not come into operation when there is an ..... of the code of criminal procedure, 1973 which has come into effect from 31-12-2009 by virtue of act 5 of 2009. sub-sections (1) and (2) of section 357a are relevant and they are reproduced below: "357a. victim compensation scheme.- (1) every state government in co-ordination with the central government shall prepare a scheme for ..... answer to that question is in the negative, the offence would be culpable homicide not amounting to murder. 24. section 300, i.p.c. is extracted below: 300. murder.- except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- secondly- if it .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... experience in municipal administration, to be nominated by the state government by notification in the official gazette: provided that- (i) the provisions contained in section 26 and section 59 of this act shall be applicable to the persons to be nominated or nominated under sub-clause (ii); (ii) the state government shall have power to withdraw ..... the concept of self-governance. 15. in reply to the submissions of other learned counsel, mr.gurumath submits that section 52 of the act does not control section 42 since section 42 has been specifically saved in section 52. the observations made in paragraphs 19 and 22 in the case of ramesh mehta cannot be read in ..... amendment in the constitution. once the concept of a grass-root democracy is accepted, a pragmatic and purposive meaning to the provisions of the act must be assigned. 43. section 52(1) confers express statutory right on ail members of the municipality council irrespective of whether they are elected or nominated, to vote on .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the suit property by way of adverse possession since 22.10.1990? preliminary issue: whether suit of plaintiff is barred by section 3 of limitation act for lapse of 12 years? the 1st plaintiff is examined as pw1 and 9 exhibits are got marked. the 1st ..... .p4, the judgment passed by this court, it is held that the question of not asking relief of declaratory under section 34 of the specific relief act, need not be gone into. 13. in paragraph no.26 at page no.13 of the judgment passed in r ..... dead) by lrs and others reported in (2008) 4 scc 594, wherein section 38 of the specific relief act, 1963, has been dealt at length by the hon'ble apex court. the scope of section 100 of cpc, in regard to the power of high court to interfere ..... . questions of law framed proposed by the appellant in this appeal memo, are not substantial questions of law within the purview of section 100 of cpc to admit the present appeal. even otherwise, no substantial question of law arises in this appeal. accordingly appeal is .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the suit property by way of adverse possession since 22.10.1990?. preliminary issue: whether suit of plaintiff is barred by section 3 of limitation act for lapse of 12 years?. 8 the 1st plaintiff is examined as pw1 and 9 exhibits are got marked. the ..... .p4, the judgment passed by this court, it is held that the question of not asking relief of declaratory under section 34 of the specific relief act, need not be gone into.13. in paragraph no.26 at page no.13 of the judgment passed in r ..... dead) 23 by lrs and others reported in (2008) 4 scc594 wherein section 38 of the specific relief act, 1963, has been dealt at length by the hon ble apex court. the scope of section 100 of cpc, in regard to the power of high court to interfere ..... . questions of law framed proposed by the appellant in this appeal memo, are not substantial questions of law within the purview of section 100 of 35 cpc to admit the present appeal. even otherwise, no substantial question of law arises in this appeal. accordingly appeal .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 24.1.2015. the operative portion of the order is as follows: order cognizance is taken for the offences punishable under sec. 3(1)(x) of scheduled caste and scheduled tribe (prevention of atrocities) act and sec. 506, ipc as against accused no. 1 to 5. issue process against accused no.1 to 5 on complainant filing ..... with cases arising out of scheduled caste and scheduled tribe (prevention of atrocities) act, (hereinafter referred to as the act, for brevity) has taken cognizance against these petitioners and three others for the offences punishable under section 3(1)(x) of the act read with section 506, i.p.c. and has issued process against them for securing their ..... list of witnesses. returnable by 28.2.2015. complaint as against accused no. 6 stands dismissed under sec. 203, crpc.' 4. it is contended on behalf .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... un- represented.7. dependents of the deceased manohar filed mvc no.969/2010, while the injured rajendra singh filed mvc no.89/2011 for compensation invoking section 166 of the motor vehicles act, 1988, ( act for short). though the petitions arise out of the very same accident, nevertheless, were proceeded with separately, and the trial held independently. 9 8. in ..... from the evidence of r.w.2, cpi, nor, is there any material in the charge sheet ex.p.2 over allegations of violation of section 3(1) or section 181 of the act for not possessing effective and valid driving licence. in the deposition of rw-1, the law officer of the insurer, makes no reference to proof ..... the commission of the offence under ipc who was charge sheeted, there is no material whatsoever to discharge the burden cast upon 34 insurance company under section 149(1) of the act to prove that driver of the offending vehicle did not possess effective and valid driving licence as on the date of accident.31. it is useful to .....
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