Court : Karnataka Dharwad
..... compensation?. v. what order?.19. regarding point no.1: the main contention of the appellant-insurance company in this appeal is that petition is filed under section 163-a of motor vehicles act and the appellant being the insurer of the motorcycle cannot be made liable to pay the compensation for the death of rider of the motorcycle since the ..... used for transporting petrol overturned due to collision with another motor vehicle and hit to the extent that it became immobile and few hours after the collision, there was explosion and fire causing injuries to number of persons who had gathered there to collect petrol. in the claim petition filed for payment of compensation on the death of one ..... the tanker in question had turned turtle and could not be moved unless it was once put back 18 m.f.a no.22468/2011 again on wheels yet, explosion resulting in injuries to people who had gathered to collect petrol was an accident arising out of use of motor vehicle.21. this court would like to rely upon .....
Tag this Judgment!Court : Karnataka
..... have entertained the petition under article 227 of the constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act.51. in cct v. indian explosives ltd. [(2008) 3 scc688 the court reversed an order passed by the division bench of the orissa high court quashing the show-cause notice ..... of the learned ncdrc. even so, the view canvassed by mr piyush singh, if accepted, would amount to holding that, where the appellate remedy under section 23 of the 1986 act is available, the remedy under article 227 of the constitution of india stands irrevocably foreclosed, which would militate against the tenor of the view expressed in ..... conferred on the national commission and is well set out. in fact the learned senior counsel 12 would take the court to clause (b) of sub section (1) of section 58. elaborating further he would contend that a reading of clause (b) would clearly demonstrate that even the question of erroneous exercise of jurisdiction has to .....
Tag this Judgment!Court : Karnataka Dharwad
..... our mind as regards the dying declaration.32. in the case sheet it is recorded that the deceased was admitted on account of burn injuries caused due to a stove explosion, there is no contra indication in the case sheet indicating otherwise since during the course of treatment of the deceased when she is said to have been conscious it ..... suspiciously silent on the existence or otherwise of the stove.27. having been put on notice that the deceased was hospitalized on account of burn injuries due to stove burst/explosion, it was but required for the investigating officer to have ascertained if at all there was a stove in the house, what kind of stove it was, whether it ..... 2019 c/w crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at .....
Tag this Judgment!Court : Karnataka Dharwad
..... our mind as regards the dying declaration.32. in the case sheet it is recorded that the deceased was admitted on account of burn injuries caused due to a stove explosion, there is no contra indication in the case sheet indicating otherwise since during the course of treatment of the deceased when she is said to have been conscious it ..... suspiciously silent on the existence or otherwise of the stove.27. having been put on notice that the deceased was hospitalized on account of burn injuries due to stove burst/explosion, it was but required for the investigating officer to have ascertained if at all there was a stove in the house, what kind of stove it was, whether it ..... 2019 c/w crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at .....
Tag this Judgment!Court : Karnataka
..... 19, 20, 21 of unlawful activities (prevention) act, sections 120b, 121a, 122, 123, 153a, 212, 420, 468, 471 of the indian penal code, section 9b(1)(b) of the explosives act, 1884, sections 5a and 6 of explosive substances act, 1908, sections 3 and 25 of the arms act, 1959 and section 143, 147, 148 read with section 149 of the indian penal code.-. 25 - ..... - crl.a no.1206 of 2017 c/w crl.a no.820 of 2017 penal code, section 9(b) of explosives act, 1884 read with sections 5 and 6 of explosive substances act, 1909 and sections 3 and 25 of indian arms act.10. after investigation, the jurisdictional police filed the charge sheet against all the accused persons. split ..... vittalmakki of chikmagaluru district and allowed them in preparing and testing explosives and used fire arms and committed the offence under sections 5 and 6 of the explosive substances act and section 9b(1)(b) of the explosives act, 1884 and sections 5 and 25 of the arms act and that the prosecution was able to prove that accused .....
Tag this Judgment!Court : Karnataka
..... 19, 20, 21 of unlawful activities (prevention) act, sections 120b, 121a, 122, 123, 153a, 212, 420, 468, 471 of the indian penal code, section 9b(1)(b) of the explosives act, 1884, sections 5a and 6 of explosive substances act, 1908, sections 3 and 25 of the arms act, 1959 and section 143, 147, 148 read with section 149 of the indian penal code.-. 25 - ..... - crl.a no.1206 of 2017 c/w crl.a no.820 of 2017 penal code, section 9(b) of explosives act, 1884 read with sections 5 and 6 of explosive substances act, 1909 and sections 3 and 25 of indian arms act.10. after investigation, the jurisdictional police filed the charge sheet against all the accused persons. split ..... vittalmakki of chikmagaluru district and allowed them in preparing and testing explosives and used fire arms and committed the offence under sections 5 and 6 of the explosive substances act and section 9b(1)(b) of the explosives act, 1884 and sections 5 and 25 of the arms act and that the prosecution was able to prove that accused .....
Tag this Judgment!Court : Karnataka
..... or ill- will between different religious communities and groups. reference is also made to certain cases registered against dr. zakir naik and other members of the organisation under various sections of the act and the penal code, 1860, inter alia for being responsible for radicalization of some youths who are later alleged to have joined the isis, for promoting hatred and ill ..... include chopping off limb of a college professor, cold blooded killings of persons associated with organizations espousing other faiths, obtaining explosives to target prominent people and places and destruction of public property. (iii) the pfi cadres have been involved in several terrorist acts and murder of several persons, including sh.sanjith (kerala, november 2021), sh. v.ramalingam, (tamil nadu, 2019), sh.nandu .....
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..... and substance of the arguments of the appellant s counsel is that to invoke the provisions of the uap act more particularly section 43d(5) of the act a person should have committed the terrorist act contemplated under section 15 of the uap act or he should have been the member of terrorist organization. it is contended that neither al hind with ..... there is no merit in the contention that to invoke section 43d(5) of the uap act the accused being a member of a terrorist organization or involving in the violent acts of causing death or injury to any person or persons or destruction of any property by using the explosives, fire arms or lethal weapons etc is a pre- ..... act with intent to threaten or likely to threaten the unity, integrity, security [economic security,]. or sovereignty of india or with intent to strike terror or likely to strike crl.a.no.1527/2022 13 terror in the people or any section of the people in india or in any foreign country, (a) by using bombs, dynamite or other explosive .....
Tag this Judgment!Court : Karnataka
..... the impugned order, the case was remitted to the magistrate and the criminal petition was disposed of accordingly.16. in the present case, 2nd respondent having acted contrary to sub-section(1) of s. 155 cr. p.c. and the learned magistrate having not passed an order , instead, having made an entry permitted , being not ..... seeking quashing of such orders which grant permission bearing no application of mind. therefore, the learned magistrates who pass such orders have contributed/ contributing to the docket explosion before this court. it is rather unfortunate that the learned magistrates are contributing to the pendency of such cases in the judiciary itself. it is high time ..... complaint from psi on 23/9/2019 and sho submitted a requisition to iv additional jmfc, athani, seeking permission to investigate the offence under section 87 of the k.p. act which is a non-cognizable offence. it is seen that the learned jurisdictional magistrate has made an endorsement on the requisition which reads as .....
Tag this Judgment!Court : Karnataka Dharwad
..... central motor vehicles rules, 1989, which reads as under : 21. powers of licensing authority to disqualify. for the purpose of clause (j) of subsection (1) of section 19, the commission of the following acts by holder of a driving licence shall constitute nuisance or danger to the public, namely: (1) theft of motor vehicle. (2) assault on passengers. (3) ..... look out for other motor vehicles or any other obstacle in the back of the vehicle and effectively give signal to the driver; (31) shall not allow any explosive of dangerous or flammable substances to be carried in the bus either as personal luggage or cargo28. in the case on hand, rws.1 and 2 being the driver ..... measures, this untoward incident would not have occurred. the conduct of rws.1 and 2 itself shows their negligence and the driver has violated the provisions of section 134 of the m.v.act and also the conductor has also violated the provisions of rule 25 of the karnataka motor vehicles rules, 1989.-. 33 - nc:2023. khc-d:8434- .....
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