Court : Karnataka
Decided on : Jan-20-2003
Reported in : AIR2003Kant245; 2003(4)KarLJ376
1. This appeal is by defendants I. 2 and 4 challenging the judgment and decree passed by the Court of the Civil Judge (senior Division) at Virajpet in O. S. 22/1995.2. The parties in this appeal are referred to as they are arrayed in the trial Court.3. The plaintiff who is respondent-1 in this appeal has filed a suit for partition and separate possession of 1/10th share of the suit schedule properties by metes and bounds and also sought for an enquiry under Order 20, Rule 12 CPC to ascertain the mesne profits. Plaintiff is the 2nd daughter of late Sri Kunnaiah. Defendants 1, 2, 3 and 4 are the sons and defendants 5, 6, 7 and 8 are the daughters of late Kunnaiah. Defendant 9 is the son of the first daughter of late Sri Kunnaiah. From the plaint averments it is seen that Kunnaiah died on 9-1-1993. According to the plaintiff the suit schedule properties are the self acquired properties of her father late Sri Kunnaiah and therefore, she is entitled for 1/10th share in the suit schedule pro...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : 2004ACJ1809
..... income of the deceased. when there is no evidence on record about income, the tribunal can consider the structured formula of notional income as per second schedule under section 163a of the motor vehicles act, 1988. therefore, in this case even if the notional income of rs. 15,000 per year is taken into consideration, the yearly dependency would come to rs ..... a.k. gohil, j.1. appellants-claimants have filed this appeal under section 173 of motor vehicles act, for enhancement of compensation being aggrieved against the award dated 22.2.2001 passed by second additional motor accidents claims tribunal, mandsaur in claim case no. 139 of 2000.2. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-20-2003
Reported in : (2003)IILLJ959Raj; RLW2003(2)Raj999; 2003(2)WLC485
..... the learned counsel for the respondent corporation does not dispute that the corporation has not filed any reply to the application filed by the appellantworkman under section 17b of the act, 1947. thus the contents of this application stand uncontroverted by the corporation. this application is duly supported by the affidavit of the appellant workman. ..... tribunal/national tribunal and the same has been challenged by the employer in the high court or the supreme court. however, grant of benefits under section 17b of the act, 1947 depend upon fulfillment of conditions to the satisfaction of the court as provided under this provision.19. we find sufficient merits and substance in ..... further, stay of the award in the proceedings if the contention of the learned counsel for the respondent corporation is accepted section 17b of the act, 1947 will stand inoperative. section 17b of the act, 1947 confer a right to the workman who is not in the employment to get full wages last drawn inclusive of any .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-2003
Reported in : AIR2003SC971; 2003(1)ALD(Cri)445; 2003CriLJ1222; 2003(1)CTC382; JT2003(1)SC176; 2003(1)SCALE325; (2003)2SCC313; [2003]1SCR442; 2003(1)LC413(SC)
..... grounds of detention is not of such magnitude and intensity as to have the effect of disturbing the public order so as to pass an order under section 3(1) of the act; that the petitioner is already in judicial custody and is in jail as an under-trial and a mere possibility of his release on bail is ..... even tempo of the life of the public and as such his activities would fall within the scope of section 2(f) of the act and to prevent him from indulging in such activities in future he was detained under the act; that though the petitioner was detained in prison, likelihood of his being released on bail was an imminent ..... dangerous activities of bootleggers, drug-offenders, forest offenders, goondas, immoral traffic offenders and slum grabbers act, 1982 (tamil nadu act 14 of 1982) [hereinafter referred to as 'the act'] read with orders issued by the government on 18th january, 2002 under section 3(2) of the act. the petitioner claims to be a resident of delhi. he does not know tamil language .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-2003
Reported in : 2003(1)ALLMR1152; 2003(3)BomCR56; 2003(2)MhLj413
..... to the nature of the land. it statesthat the land in question is not agricultural landsand, therefore, could have been only distributed undersection 27 sub-section (9). now under the act, theland is distributed under section 27 of the act.section 27(1) reads as follows:-'27.(1) subject to any rules made inthis behalf, land (other than grazingland or tank land or land notified ..... ofmaharashtra and anr., reported in 1986 m.l.j. 528.this court upheld the decision of the tahsildar actingas chairman and held that this is recognised bysub-section (6) of section 2ao of the act. thecollector has further set aside the allotment on theground that the petitioner is not landless even thoughthe allotment order itself did not grant the lands tothe petitioner because .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC53; 2004ACJ1961
..... income as rs. 1,500 per month and the dependency as rs. 1,200 per month and rs. 14,400 per year. as per second schedule appended to section 163a of motor vehicles act, for a non-earning person the notional income to be taken into consideration is rs. 15,000 per year. pw 1 kailashibai, who is the wife of the ..... deepak verma and a.k. gohil, jj.1. appellants-claimants have filed this appeal under section 173 of motor vehicles act, for enhancement of compensation, being aggrieved against the award dated 17.3.2001 passed by second additional motor accidents claims tribunal, mandsaur, in claim case no. 34 of 2000.2. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC229; 2005ACJ55
..... insurance company on the ground that from the registration of the vehicle, the weight of the vehicle in question was seen to be 7155 kg. and as per section 2 of motor vehicles act, a vehicle having weight up to 7500 kg. comes within the purview of light motor vehicle, therefore, the vehicle involved in this accident was a light motor vehicle ..... was rightly considered as 32 years, thus, it is obvious that the tribunal has not applied a proper multiplier in this case. as per second schedule of the motor vehicles act, 1988 for the age group of 32-35, the proper multiplier is 17 instead of 12. so far as the income of the deceased assessed by the tribunal is concerned ..... verma and gohil, jj.1. this appeal is directed under section 173 of the motor vehicles act, 1988 against the award dated 10.2.2000 passed by xv addl. m.a.c.t., indore in claim case no. 9 of 1999 for enhancement of compensation.2. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : [2003(97)FLR410]; (2003)IILLJ789MP
..... submitted by the respondent no. 2 under section 25o of the act, giving rise to filing of this writ challenging the same.2. the petitioner is an union of employees working in the respondent no. 2. it is the case ..... basis it has come to a conclusion that the respondent no. 2 cannot be regarded as an industrial establishment within the meaning of section 25l(a)(i) of the industrial disputes act read with section 2(k) of the factories act.4. in the absence of any reasons assigned and also in the absence of any material, i am unable to uphold the ..... department) addressed to the respondent no. 2 where it is held that since the respondent no. 2 is not an industrial establishment within the meaning of section 25l(a)(i) of the industrial disputes act, 1947 and hence no relief can be granted to respondent no. 2. it is on this ground the state has declined to entertain the application .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALD375; 2003(2)ALT626
..... faithful to each other, and to render true accounts and fullinformation of all things affecting the firm to any partner or his legal representative. sub-section (1) of section 32 of the act specifies that a partner may retire--(1) with the consent of all the other partners,(2) in accordance with an express agreement by the partners, ..... or(3) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.section 36 of the act deals with rights of outgoing partner to carry on the business and the said provisions reads as hereunder:(1) an outgoing partner may carry on a ..... not carry on any business similar to that of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.'the appellant definitely is not aggrieved by the respondent carrying on a competing .....
Tag this Judgment!Court : Delhi
Decided on : Jan-20-2003
Reported in : 1(2003)ACC272; I(2003)ACC272; 2004ACJ831; 2003IIAD(Delhi)1; 102(2003)DLT847; 2003(66)DRJ657
..... also did not apply appropriate multiplier in view of the fact that the age of the deceased was 35 years and according to the schedule appended to the motor vehicles act, 17 years multiplier should have been applied. the next contention of the learned counsel for the appellant is that only 9% interest has been awarded. 4. this court could not .....
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