Court : Karnataka Kalaburagi
..... , basavakalyan). 2. facts of the case in brief are : the two claim petitions viz., mvc no. 71/2006 and 83/2006 were filed by the claimants under section 166 of motor vehicles act, 1988 (the 'act for short) claiming compensation for the alleged death of driver and pillion rider of bajaj ct 100 vehicle bearing regn. no. ka-39/h-2653 involved in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... to drive the non-transport vehicles. 9. it is pertinent to note that form-4 was amended with effect from 28-3-2001 by inserting transport vehicle. section 3 of the act contemplates that no person shall drive a motor vehicle in any public place unless he hold an effective driving licence issued to him authorising him to drive the ..... . by virtue of amendment to form-4 with effect from 28-3-2001, an endorsement was required by the driver to drive the transport vehicle in terms of section 3 of the act, which is very much lacking in the present case. considering this vital aspect, the tribunal has exonerated the insurance company and fastened the liability on the owner, ..... effect from 28-03-2001 would not alter the position which existed earlier as regards the driver having a valid and effective driving licence as per section 3 of the motor vehicles act, 1988 ( the act for short) read with rule 14 of the rules. 6. learned counsel also places reliance on the judgment of the apex court in the case .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... discharging the public duty if he commits any offence, he can be prosecuted holding that he is also a public servant as per section 2(c)(viii) of the act. however it depends upon the nature of the work entrusted to him. 22. looking from the above angle, considering the nature of the work entrusted ..... held that though it appears to be contract between the parties, but the relationship as that of master and servant cannot be completely ignored. after interpreting section 2(c) (viii) of the act, the court has observed that if a person enters into a contract with the government or governmental departments for the purpose of doing public duty, while ..... . in this background, it is just and necessary for the court to look into the definition of public servant as defined under the p.c. act. section 2(c) of the pc act deals with definition of public servant. there are as many as 12 clauses in the said provision, which describe who is public servant . the said provision (relevant .....
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..... or the victim. the liability of the authorised insurer depends on the requirements of policies and limits of liability of the insurer, governed by section 147(1) of the act.12. section 147 (1) of the act provides that the insurer is liable against any liability, which may be incurred by him 14 in respect of the death of or bodily ..... examining tickets on the vehicle, or if it is a goods carriage, being carried in the vehicle, or (ii) to cover any contractual liability. 11. section 163-a of the act is a special provision based on predetermined structured formula. the relevant factors are: i. ii. the owner of the motor vehicle or the authorised insurer shall be ..... in the district hospital, gulbarga. based on these facts, the claimants being the wife and children of the deceased filed a claim petition under section 163-a of the motor vehicles act, 1988, (the act for short), by adducing evidence of pw.1, marking exs.p1 to p7 in support of their claim. the appellant insurance company has contested .....
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..... given to such juvenile or the person concerned. (5) save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7-a, section 64 of the act and these rules, no further inquiry shall be conducted by the court or the board after examining and obtaining the certificate or any other documentary proof ..... applied their judicious mind to ascertain whether there is any statutory requirement to be fulfilled with reference to the medical examination of the petitioner. 16. section 34 of the pocso act, 2012 is the substantive provision which empowers the special judge to determine the age of the person whether he is a juvenile or an adult ..... the principal district and sessions judge at bidar (holding concurrent charge of addl. sessions judge, bidar), in special case no. 4/2015 while passing order under section 34 of pocso act .) 1. the petitioner, who is arraigned as an accused in special case no. 4/2015 on the file of the principal district and sessions judge, bidar .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... given to such juvenile or the person concerned. (5) save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7-a, section 64 of the act and these rules, no further inquiry shall be conducted by the court or the board after examining and obtaining the certificate or any other documentary proof referred ..... law to deal with the matter first in accordance with rule 12 of the jj (cpc) rules, 2007 and only thereafter the competent authority under 44 section 34 of the pocso act shall give its finding with regard to the documents produced before the court as referred under rule 12 of jj (cpc) rules, 2007, whether those ..... applied 21 their judicious mind to ascertain whether there is any statutory requirement to be fulfilled with reference to the medical examination of the petitioner.16. section 34 of the pocso act, 2012 is the substantive provision which empowers the special judge to determine the age of the person whether he is a juvenile or an adult person .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... life time within the stipulated period and also fail to return the same to the complainant even after her death and thereby committed and offence punishable under section 6 of dowry prohibition act? 6. what order? the court below answered the points in the affirmative and convicted the accused. it is that which is under challenge in the ..... a fine of rs. 5,000/- each. in default they shall undergo a further imprisonment for a period of three months for the offences punishable under section 6 of dowry prohibition act.) 1. heard the learned counsel for the appellants and the learned government pleader. 2. the appellants were the accused before the trial court and seek to ..... a fine of rs. 15,000/- each, in default they shall undergo a further imprisonment for a period of one year for the offence punishable under section 3 of dowry prohibition act. further the appellants/accused no.1 and 3 are sentenced to undergo imprisonment for a period of six months each. in default they shall undergo a .....
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..... ) act, 1989 beyond all reasonable doubts? 2. whether the prosecution further proves that, in committing the offence of murder ..... kange died and the accused no.1 to 3 did the said act knowing fully well that their acts are going to cause the death of said prashant kange and thereby committed murder of said prashant kange punishable under sections 302 read with section 34 of the indian penal code, 1860 read with section 3(2)(v) of the sc and st (prevention of atrocities .....
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..... ) act, 1989 beyond all reasonable doubts?.2. whether the prosecution further proves that, in committing the offence of murder as ..... kange died and the accused no.1 to 3 did the said act knowing fully well that their acts are going to cause the death of said prashant kange and thereby committed murder of said prashant kange 10 punishable under sections 302 read with section 34 of the indian penal code, 1860 read with section 3(2)(v) of the sc & st (prevention of atrocities .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... gratuity payable to its employees is available for deduction? the tribunal having held that it is so deductible, is sought to be questioned in the light of section 36(1)(v) of the income tax act, 1961. however, even this has been answered by a division bench judgment of this court as early as in the case of chief commissioner (admn) and ..... under section 194a(3)(v) of the income tax act shall not apply to the payment of interest on time deposits by the co-operative banks to its members. as this amendment is effective from the ..... no. 19/2015 in f.no. 142/14/2015 tpl, it has been held as follows: 42.5 in view of this, the provisions of the section 194(3)(v) of the income-tax act have been amended so as to expressly provide that the exemption provided from deduction of tax from payment of interest to members by a co-operative society .....
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