Court : Karnataka Kalaburagi
..... in collector (la) v. katiji, wherein it is stated in para 3 as under: 3. the legislature has conferred the power to condone delay by enacting section 5 of the limitation act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits . the expression sufficient cause employed by the legislature ..... court was not justified in dismissing the appeal on the ground of delay and latches. 15. the hon ble supreme court while considering the provisions of section 5 of the limitation act while condoning the delay of 1110 in the case of imrat lal and others v/s land acquisition collector and others, reported in 2014 scc 133 as ..... stage, shri. narender hooda very fairly stated that instead of remanding the case to the high court for consideration of the appeal filed by the appellants under section 54 of the act, the court may grant relief to them in terms of the judgment dated 01.10.2010 passed in sudama v. state of haryana and connected matters but .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in collector (la) v. katiji, wherein it is stated in para 3 as under: 3. the legislature has conferred the power to condone delay by enacting section 5 of the limitation act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits . the expression sufficient cause employed by the ..... district court was not justified in dismissing the appeal on the ground of delay and latches.15. the hon ble supreme court while considering the provisions of section 5 of the limitation act while condoning the delay of 1110 in the case of 23 imrat lal and others v/s land acquisition collector and others, reported in 2014 scc133as ..... stage, shri. narender hooda very fairly stated that instead of remanding the case to the high court for consideration of the appeal filed by the appellants under section 54 of the act, the court may grant relief to them in terms of the judgment dated 01.10.2010 passed in sudama v. state of haryana and connected matters but .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... noted, the state of karnataka has advanced the concept of political empowerment for women by making an amendment to section 123 and also section 138 of the act by stating that not less than 50% of the total number of members of the taluk panchayat in the ..... city municipal councils and town municipal councils and town panchayats for different categories, which is as per sub-section (2-a) of section 42 read with section 353 of the act. proviso to sub-rule (5) of rule 13 states that the offices of president and vice-president ..... we feel that the test of reasonable classification is met in view of the legitimate governmental objective of safeguarding the interests of weaker sections by ensuring their adequate representation as well as empowerment in local self-government institutions. the position has been eloquently explained in the ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act, praying to set aside the order of the learned single judge dated: 22.03.2016 in w .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... counsel submitted that the family court could not have dismissed the petition without ascertaining as to whether the petitioner was entitled to maintenance under section 125 of cr.p.c. he drew my attention to the said provision to contend that even an illegitimate child of a person ..... maintenance? if so, what is the quantum? 7. the family court answered both the points in negative and dismissed the petition filed under section 125 of cr.p.c. reserving liberty to the petitioner to seek her remedy of maintenance after she attains majority. being aggrieved by the ..... of criminal miscellaneous no.80/2014, by the family court at gulbarga, by order dated 06.08.2016. the same was filed under section 125 of criminal procedure code 1973, (cr.p.c.). 3. briefly stated, the facts are that respondent herein is stated to be the father of ..... (prayer: this rpfc is filed under section 19(4) of the family courts act, praying to set-aside the order passed by district judge, family court, kalaburagi in crl.misc .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... behalf. 5. thereafter, on hearing the arguments of both the counsel, the impugned judgment came to be passed, whereunder accused no.1 was convicted for the offences punishable under sections 498-a and 306. assailing the said judgment and order, the accused is before this court. 6. heard the learned counsel for the appellant and the learned high court ..... . 17. the second aspect which has been urged by the learned counsel for the appellant is that without a positive act on the part of the accused no.1 to instigate or aid in committing suicide the conviction under sec.306 of ipc is not sustainable. but, he would further contend that there must be a clear mens rea to ..... commit such offence and it also requires an active act or direct act to lead deceased to commit suicide. in order to substantiate his contention he .....
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(prayer: this miscellaneous first appeal is filed under section 173 (1) of motor vehicles act 1988, praying to call for records and allow the appeal and enhance the compensation as claimed in the claim petition by modifying the judgment and award dated 30.7.2014 ..... . 2nd respondent-insurer appeared before the tribunal and filed its written statement and denied the averments made in the claim petition and contended that on account of rash and negligent act on the part of the deceased, the accident occurred. it is also denied the age and income of the deceased and also the expenses spent therein. on these grounds, sought .....
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..... that accident has taken place in maharastra state and petitioners are residing in maharastra state cause of action arise in the same state. hence under the provisions of section 166 (2) of motor vehicle act, the court has no jurisdiction to entertain the petition. therefore, sought for dismissal of claim petition. 4. based on the pleadings, the tribunal has framed ..... death. the jurisdictional police have also registered a criminal case against the driver of the offending vehicle for the offences punishable under sections 279, 337, 338, 304 (a) of ipc and sections 184, 134 (b), 177 of motor vehicle act. 14. pw.1, father of the deceased has specifically stated on oath that deceased was working as journalist/reporter and he ..... (prayer: this miscellaneous first appeal is filed under section 173(1) of motor vehicle act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment and award dated 28.06.2014 passed by the learned member, mact and ftc, .....
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..... sessional judge at gulbarga in special case no.240/2010, thereby acquitting the respondents-accused for the offence punishable under sections 143, 148, 504, 324, 336 read with section 149 of ipc and also section 3(1) (x) of sc/st (pa) act, 1989. this appeal having been heard, reserved for judgment and coming on for pronouncement of judgment this day, the ..... s.c.no.240/2010 for having acquitted the accused no.1 to 21 for the offence punishable under sections 143, 148, 504, 336, 506 read with section 149 of indian penal code and also under section 3(1)(x) of sc/st (pa) act, 1989. 2. the case of the prosecution in brief is that; on 14.2.2010 in ..... station. thereafter, police investigated the crime and filed the charge-sheet. 3. after filing of the charge-sheet, the committal court on following the procedure laid down under sec. 207 of cr.p.c. committed the case to the sessions court. the session court after taking the cognizance secured the presence of accused after hearing, the charge came .....
Tag this Judgment!Court : Karnataka Kalaburagi
(prayer: this miscellaneous first appeal is filed under section 173 (1) of motor vehicle act, against the judgment and award dated 31.01.2013 passed in mvc no.5/2011 on the file of mact no.v, bijapur, partly allowing the claim petition and seeking .....
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..... further case of the claimants that the jurisdictional police have registered a case in crime no.93/2013 for the offences punishable under sections 279 and 304-a of indian penal code r/w section 187 of motor vehicles act. 5. it is the further case of the claimants that the deceased was being the only earning member in the family. in view .....
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