Court : Karnataka
Decided on : Jan-09-2003
Reported in : 2003(2)KarLJ347
S.N. Prakash, J.1. Heard the learned Counsels on both sides. We have re-examined the record in the light of the submissions canvassed by the learned Counsels who represent the parties. As far as the Heads 1, 2 and 4 are concerned, despite a lot of persuasion from the appellant's learned Counsel we are not inclined to revise these heads because we uphold the submission canvassed by the respondent's learned Counsel that on the facts and circumstances on record and the material on record the Tribunal has been not only fair but liberal to the appellant under Heads 1, 2 and 4. As far as Head 3 is concerned, the only aspect that impressed us is the fact that the injury to the limb viz., the leg was relatively serious and the medical evidence very clearly establishes that there was a disability to the extent of 38% to the limb which is considerable. We do concede that the respondent's learned Counsel was quick to point out to us that this has not in any way endangered the job of the appellant...
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2003
Reported in : AIR2003Kant148; 2003(5)KarLJ98
..... be examined. further there will be difficult in administering oath and the difference in time between india and usa will come in the way of witnesses. he refers to the section to say that the 'attendance' would mean personal attendance at mysore.5. let me first deal with the contention with regard to maintainability of the crp in this court ..... appears- (a) to have exercised a jurisdiction not vested in it by law. or, (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of his jurisdiction illegally or with material irregularity, the high court may makes such order in the case as it thinks fit: provided that the high court ..... by affidavit. the object refers to the report of the hon'ble mr. justice malimath. and the law commission recommendations. the act was amended in 1999 in terms of the act 46/1999 it was subsequently amended in cpc amendment act of 2002. order 18. rule 4 provides for examination in chief of a witness by way of an affidavit. sub-rule .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-08-2003
Reported in : ILR2004KAR504; 2003(5)KarLJ299
..... similarly situated cases, we have heard the learned counsels representing the contesting parties at considerable depth. the issue involves the interpretation of section 110(b) of the s act, 1976. this section exempts certain buildings and lands from property tax and sub-clause (b) deals with choultries for the occupation of which no rent ..... the body. the appellants' learned counsel submitted that the case in which those contentions were taken up related to a dispute under section 343 of the karnataka municipal corporations act wherein the question arose as to whether in the case of a kalyana mantap a licence is required or not because catering activity ..... mantap are earmarked entirely for charitable purposes, that the trustees and the institution would qualify for exemption from payment of property tax under section 110(b) of the karnataka municipal corporations act, 1976. the basic prayer was for quashing of the order dated 23rd september, 1993 passed by the taxation appeals committee of .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-08-2003
Reported in : 2003(2)KarLJ139
..... observed so by the learned single judge) since therein also, it is provided that appeal lies to district court except as provided under sections 16, 17and 26 of that act. 13. section 16 of said act says that, where the assistant sessions judge passes a decree or order in the cases specified therein and are appealable, the appeal shall ..... ruling is against the earlier ruling in the case of mallappa, supra, wherein while dealing with the sole point relating to the forum of appeal under section 28 of the act, after making an elaborate discussion, held that an appeal lies to the district judge, even though civil judges are authorised to exercise the powers of district ..... and 'court of munsiff' have to be read as 'court of civil judge (senior division)' and 'court of civil judge (junior division)' respectively. as per section 19 of the said act, appeals from civil judge (senior division) in original suits and proceedings of a civil nature shall, when such appeals are allowed by law, lie (i) to .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-07-2003
Reported in : [2003(97)FLR293]; 2003(1)KarLJ541; (2003)IILLJ884Kant
..... it must characterise every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore, act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its action must confirm to some standard or norm which is rational and non-discriminatory...'. ..... of india, air 1979 sc 1626, 1979-ii-llj-217 (sc) in all its activities and actions should be fair and reasonable. any arbitrary or unreasonable act on the part of the respondent which would result in termination of services of the petitioner who had become a permanent employee in the establishment of the 1st respondent ..... pointed out by the learned counsel for the petitioner, the 1st respondent-company being an instrumentality of the state in all its actions, it is expected to act in a fair and reasonable manner. it is not permissible for the 1st respondent-company to resort to a method of terminating the services of the petitioner, even .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-07-2003
Reported in : AIR2003Kant342; I(2003)DMC691; 2003(1)KarLJ581
..... correct legal position. the learned trial judge has reasoned that the suit having been filed under the provisions of section 18 of the hindu adoption and maintenance act and the provisions of section 18(2) of the said act not enabling a divorced wife to claim maintenance as against the husband and the divorced wife being not a ' ..... not been brought under the provisions of the hindu marriage act, there was no scope for awarding maintenance is the reasoning of the learned trial judge ..... dependent' within the meaning of section 22 of the act, the divorced wife is not entitled to claim maintenance. the claim having .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-07-2003
Reported in : ILR2003KAR1471; 2003(2)KarLJ250
..... 12. now the review petition filed by bda requires to be considered and decided. there is a delay in filing the review petition. an application is filed under section 5 of the limitation act to condone the delay if any, in filing the review petition. the prayer made in the application is not opposed by the respondents. therefore, prayer made in ..... judgment and dismissed the appeal on two counts and they are:'the affirmative decision in favour of the applicant-appellant that he was entitled to exemption under section 3(2) of the act 26 of 1971 did clearly amount to an error apparent on the face of the record justifying invocation of the power of review.second was that the ..... against the order made by the division bench dated 17-2-1987 reviewing its earlier order, the apex court was pleased to observe:'any claim for exemption under section 3(2) of the act must necessarily be in respect of an area, which was brought under cultivation by him before the appointed day i.e., 10-5-1971. in other words .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2003
Reported in : II(2003)ACC257; 2004ACJ368; 2003(2)KarLJ112
..... for such cause of action'.11. in another decision of the supreme court in the case of puskpuhai parsliottam udeshi, supra, wherein it was held that:'motor vehicles act (1939), section 110-a(1)(b)--death caused due to rash and negligent driving--compensation--rash and negligent driving--proof--burden--application of principle 'resipsa loquitur'--requirements'.12. therefore, ..... involvement of the vehicle in that accident. ex. p. 3 is the charge-sheet filed by the psi against one balaji (driver) herein for an offence punishable under sections 279 and 304a of the ipc. ex. p. 4 is the post-mortem report and ex. p. 5 is the certified copy of the claim petition filed in ..... that the concerned police who registered the case against the driver of the lorry investigated and filed the charge-sheet against respondent 1 for an offence punishable under sections 279 and 30-a of the ipc and that itself is a prima facie case to prove the actionable negligence. therefore, the reasons assigned by the learned .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-01-2003
Reported in : 2003(4)KarLJ510
..... that the petitioner is a scheduled caste. the constitutional provisions recognises that the scheduled castes on account of historical, cultural and social reasons are generally less blessed than the other sections of the society. therefore, even while considering whether a probationer's service should be terminated or not, the respondent which is an instrumentality of the state cannot be oblivious to .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-01-2003
Reported in : 2003ACJ1397; 2003(3)KarLJ14
..... advanced his second submission whereby he contends that this case is representative of that small class of instances where the injured person is totally disqualified from any compensation because the act itself is per se so dangerous as to qualify for being categorised as 100% negligence.3. we have very carefully evaluated the rival arguments canvassed before us and we do ..... two grounds. firstly, that the facts of this unequivocally establish that the deceased had breached the law by travelling on the top of the bus and secondly, that he had acted not negligently, not recklessly but, dangerously and having done so, that he has disqualified himself from compensation through is own reckless conduct. on the basis of the evidence of p .....
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