Court : Karnataka
Decided on : Dec-17-2003
Reported in : 2005ACJ384; ILR2004KAR815
..... should be a causal connection not necessarily a direct and immediate one between the use of the vehicle and the accident causing death or injuries to the claimants. an explosion that takes place hours after the vehicle has turned turtle or a case where the passengers in autorickshaw commit a crime by looting and killing the driver have thus ..... nearby. the court also rejected the contention that after the collision since the tanker had turned turtle, it had ceased to be a motor vehicle so that any explosion on account of the petrol leaking from the tanker could not be said to be an accident arising out of the use of such a vehicle. the petrol tanker ..... the supreme court in minu b. mehta v. balakrishna ramachandra nayan 1977 acj 118 holds the field making proof of fault essential in cases of fault under section 166 of the motor vehicles act. in kaushnuma begum's case supra, the apex court has no doubt borrowed and applied the rule of strict liability as propounded in rylanda v. fletcher .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-09-2003
Reported in : II(2004)ACC534; 2005ACJ849; ILR2003KAR4911
..... passengers travelling in the same. a claim petition for payment of compensation was originally filed by the widow, minor, children and the parents of the deceased under section 166 of the motor vehicles act before the tribunal at bangalore. the said petition was subsequently amended so as to make a claim for compensation on no fault basis in terms of ..... as a result of the over turning of the tanker, the petrol contained in it started leaking and got collected nearby. few hours after the initial accident, an explosion took place in the petrol tanker resulting in a fire causing burn injuries to a number of persons who had gathered there to collect petrol that was leaking from the ..... to the conclusion that even when the tanker in question had turned turtle and could not be moved unless it was once again put back on wheels yet the explosion resulting in injuries to the people who had gathered to collect petrol was an accident arising out of the use of the vehicle. the following passages from the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-15-2003
Reported in : 2004ACJ271
..... prove that the driver of the vehicle involved in the accident was guilty of rash and negligent driving.17. a claim for compensation, whether under section 140 or under section 166 of the act, shall be made by an application. the application shall be in such form and shall contain such particulars as may be prescribed. the form of ..... in each case. the tort of negligence is spread over more and more areas of tortious liability, keeping in tune with the hazards brought about by the automobile explosions and ever-increasing casualties and human pain and suffering arising out of road accidents.27. in the tort of negligence, breach of 'duty' is the chief ingredient ..... stated in column no. 22 and column no. 8 if we consider them conjointly. be that as it may, after the claimant instituted claim petition under section 166 of the act, the respondents fully understanding that the claimant has laid a claim for compensation against them attributing negligence on the part of the respondent no. 1 in .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-14-2003
Reported in : 2003CriLJ2661; ILR2003KAR1541
..... around the courts for over years to find their cases expeditiously disposed of. the compelling situation activated and prompted the concerned authorities to act swiftly to find out a solution to the problem of docket explosion. in the said context, with a noble object and social purpose under a special scheme, the fast courts have been created. the ..... alone render judgment is not an absolute rule without exception. the code of criminal procedure under different justifiable circumstances permits a departure from its compliance. the provisions of section 407 cr.p.c., empowers this court to transfer the case from one court to another for different reasons and if it is expedient in the ends of ..... in crl.no.929/-01, set aside the order of transfer and restored to the file of ix addl. sessions judge, for disposal on the ground that under section 409 cr.p.c., the sessions judge has no power to transfer the part heard cases from the file of one sessions court to another. subsequently, the impugned .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2003
Reported in : ILR2004KAR593
..... acquisition. whether the said lands are really required for public purpose or not is to be examined with reference to the provisions of the act.under section 28(1) of the act if in the opinion of the state government any land is required for the purpose of development of the board in furtherance of the object ..... land acquisition officer and again orders were passed overruling the objections of the land owners. on the basis of the said orders, final notifications under section 28(4) of the act were issued. in the writ petitions challenging the said procedure adopted by the special land acquisition officer, this court quashed the final notifications reserving liberty ..... the learned counsel for the petitioners submitted that the very purpose for which the lands are required is not notified in the notification issued under section 28(1) of the act and they came to know the purpose for acquisition only after the respondents have filed the statement of objections and therefore, they are deprived of .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2003
Reported in : AIR2004Kant155; III(2004)BC252; ILR2004KAR942; 2004(3)KarLJ45
..... the entire 25% of the price of the house if the petitioner should have committed any default. however, both on the principles of section 73 of the indian contract act as well as on article 14 of the constitution of india, i am of the view that the action on the part of the first respondent to forfeit ..... the petitioner from the date it was due from the petitioner till the realisation of this amount from the subsequent purchaser.6. having regard to the provisions of section 73 of the indian contract act, 1972, while the first respondent is entitled to claim compensation for the loss or damage that they have incurred due to the breach of contract by the ..... respondent is a sum of rs. 4,06,274/-.9. the first respondent which is 'state' within the meaning of article 12, of the constitution of india, is expected to act in a fair and non-arbitrary manner. it is no doubt true that the terms of the sale deed is in favour of the first respondent to deduct or forfeit .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2003
Reported in : 2004(91)ECC586; 2004(165)ELT400(Kar)
..... the recovery proceedings in respect of demands which are the subject matter of appeal till the application filed by the petitioner under the proviso to section 35f of the act is finally disposed of.12. all these judgments and the circulars referred to above deal with pending stay proceedings. they do not directly deal ..... ,950.00 is not to be demanded from him as the goods imported are populated circuit boards classifiable under chapter heading 8473.30 of the customs tariff act. petitioner requested the additional commissioner to adjourn personal hearing from 23.10.2001 to the first week of november 2001. however, the additional commissioner, ignoring the ..... had imported processors (integrated circuits) and got them cleared by customs duty as applicable to integrated circuits falling under chapter heading 8542.19 of the customs act. additional commissioner of customs, bangalore issued a notice dated 11.1.1999 asking the petitioner to show cause as to why customs duty amounting to 3,42 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : ILR2005KAR60
..... submission that the corporation was under an obligation to levy a tax on buildings or lands or both situated within its limits referred to in the act as property tax. section 110 of the act, argued mrs. patil, deals with general exemptions and inter alia provides that lands which are registered as lands used for the agricultural purpose in the ..... of the suit. as a result of such i inclusion, the taxes applicable within the corporation limits would by operation of law and in particular section 4 sub-section 4 of the municipal corporation act become applicable to the extended area also. even assuming that the land in question was agricultural land before its inclusion in the corporation limits, the ..... the property or rs. 1,000/-whichever was higher. the market value of the property was in turn to be decided in terms of section 7 of the act. he drew our attention to section 7(2)(b) to argue that where the suit land was an entire estate or a definite share of an estate paying annual revenue to .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : (2004)187CTR(Kar)428; ILR2004KAR482; [2004]267ITR29(KAR); [2004]267ITR29(Karn)
..... on such examination if the revisional authority is satisfied that the appellate authority has failed to exercise the power conferred on it under sub-section (5) of section 32 of the act either by annulling the order of assessment of enhancing the tax levied by the original authority while considering the appeal filed by the assessee ..... of assessment and direct the assessing authority to make a fresh assessment, after such further enquiry, as may be directed. therefore, reading of sub-section (5) of section 32 of the act does not give scope for any doubt that very wide power is conferred on the appellate authority and it is competent to modify, confirm, reduce ..... out that even if the portion of the original order was appealed against, since the entire matter was before the appellate authority; and sub-section (2) of section 35 of the act empowers the appellate authority to modify the order of the assessing authority to the extent it is erroneous and prejudicial to the interest of revenue, .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : [2004(102)FLR1107]; ILR2004KAR2996; (2004)IIILLJ200Kant
..... that case examining whether the payments made pursuant to production incentive scheme over and above the normal wages would also constitute wages for purposes of section 2(22) of the esi act. the corporation had treating the said payment to be wages, raised a demand which was disallowed by the esi court holding that since ..... below has come to the conclusion that the payments made by the appellant - companies towards efficiency incentive/bonus were wages within the meaning of section 2(22) of the esi act. the demand raised by the corporation for payment of contributions against the companies was therefore held to be justified. the present appeals call in ..... bangalore whereby the said court has held efficiency incentive/bonus paid to the employees of the appellants-companies to be wages within the meaning of section 2(22) of the esi act and consequently upheld the demand raised by the corporation for payment of contribution. since the question that falls for consideration is common to both .....
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