Court : Karnataka Kalaburagi
..... the main contention of the learned counsel for the petitioners is that the order of dismissal by the learned chief judicial magistrate on the application filed under section 101 of the factories act, 1948 is too technical and that the learned chief judicial magistrate has not applied his judicious mind to the materials produced by the petitioners and the evidence adduced by ..... it is also relevant to observe here that, when the court has come to the conclusion that the application filed under section 101 of factories act, 1948 was not maintainable because of the technical reason, it would not have allowed the parties to lead evidence. ..... , the question is - "whether the trial court and the revisional court have properly considered the provisions of section 101 of the factories act, 1948 or not and they have committed any serious legal error in dismissing the application on technical ground"? 9. ..... when the trial court has considered the contents of the application under section 101 of the factories act, 1948 and provided opportunity to the parties, then it should have passed the orders on merits of the application instead of dismissing the same on technical ..... the trial court is hereby directed to dispose of the application filed under section 101 of factories act, 1948 on its merits considering the oral and documentary evidence of the petitioners and after hearing both the parties, as expeditiously as possible within the outer limit of six months from the date of receipt of the copy .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in the light of the aforesaid discussion and the principles of determination of case of negligence and the statutory provisions of section 122 of mv act, this court is of the considered view that the conclusion arrived at by the tribunal attributing contributory negligence to the - ..... owner of the tractor- trailer did not even appear before the tribunal placing his defence, and in the light of the aforesaid contents of charge-sheet read in the light of section 122 of mv act, the tribunal ought to have addressed these aspects and answered this issue at the first instance. ..... it is this requirement of non-compliance of statutory obligation contained under section 122 of mv act and lack of discharge of burden by respondent no.1 owner of tractor-trailer by filing statement of objections or entering the witness box, and non production of cogent evidence by the respondent- insurance company that has not been ..... at this juncture to refer section 122 of the motor vehicles act, 1988 (fort short 'mv act'), which reads as under:"122 ..... knowing fully well that the same would cause inconvenience to others and that too without taking any precautionary measures or indication, the same stands in violation to the statutory provisions under section 122 of mv act extracted hereinabove. ..... moving vehicle, the first and foremost obligation/burden to be discharged is on the owner of the vehicle which is parked on the road and prove that he had indeed complied with the requirement of section 122 of mv act'. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... judgment mfa no.31457/2012 is filed by the employer-factory under section 30(1) of the workmen's compensation act, challenging the judgment dated 07.06.2012 passed in kar/wc/cr-61/2010 by the commissioner for workmen's compensation, raichur (hereinafter referred to as the commissioner), so far as fastening liability of rs.1,20,973/- with interest at 12% p.a. ..... 17 iv) the insurance company shall pay compensation along with at 12% per annum after 30 days from the date of the accident on rs.2,74,937/- till realization and the employer factory shall pay a sum of rs.1,20,973/- along with interest at the rate of 12% per annum after 30 days from the date of the accident till realization. ..... therefore, it is held that the insurance company shall pay 15 compensation along with at 12% per annum after 30 days from the date of the accident on rs.2,74,937/- till realization and the employer factory shall pay a sum of rs.1,20,973/- along with interest at the rate of 12% per annum after 30 days from the date of the accident till realisation. ..... whether on the facts and circumstances involved in the case order of the learned commissioner putting burden 7 entirely on the employer factory of payment of statutory interest on the compensation amount exonerating the insurance company for making of payment of statutory interest on the compensation amount is justifiable?.7. ..... as per section-4 of the workmen compensation act, the maximum ceiling amount of wage amount is rs.4,000/- per month. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... as already 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 state from each of the categories reserved for persons belonging to the scheduled ..... agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end undertake: x x x (d) to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; x x x (f) to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against ..... union parliament though it fit to enable reservations of chairperson positions in order to ensure that not only are the weaker sections adequately represented in the domain of local self-government, but that they also get a chance to play leadership roles ..... (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 ..... offices of president and vice-president of 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. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the term of the committee had expired or to expire, the government in exercise of its powers under section 121 of the act of 1959, took a decision to exempt them from the application of section 39-a and section 28-b of the act of 1959 and extended the term of the committees of sugar co-operative societies until further orders or till ..... of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government ..... and a municipality found in 243-u as five years from the date of first meeting and no longer and contended that such water-tight term is not provided under section 28-a(4) of the act of 1959 and therefore admits of liberal interpretation, more so in view of the philosophy of the act of 1959 that there should 73 be no vacuum between the outgoing and incoming committee. ..... even otherwise, the government order dated 16.06.2020 exempting the sugar factories from the purview of the order dated 14.07.2020 was rectified by a corrigendum dated 21.07.2020 by ..... joint registrar of co-operative societies is challenged, by which the government order dated 16.06.2020 was made applicable to sugar factories also.3. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the term of the committee had expired or to expire, the government in exercise of its powers under section 121 of the act of 1959, took a decision to exempt them from the application of section 39-a and section 28-b of the act of 1959 and extended the term of the committees of sugar co-operative societies until further orders or till ..... of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government ..... and a municipality found in 243-u as five years from the date of first meeting and no longer and contended that such water-tight term is not provided under section 28-a(4) of the act of 1959 and therefore admits of liberal interpretation, more so in view of the philosophy of the act of 1959 that there should 73 be no vacuum between the outgoing and incoming committee. ..... even otherwise, the government order dated 16.06.2020 exempting the sugar factories from the purview of the order dated 14.07.2020 was rectified by a corrigendum dated 21.07.2020 by ..... joint registrar of co-operative societies is challenged, by which the government order dated 16.06.2020 was made applicable to sugar factories also.3. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the term of the committee had expired or to expire, the government in exercise of its powers under section 121 of the act of 1959, took a decision to exempt them from the application of section 39-a and section 28-b of the act of 1959 and extended the term of the committees of sugar co-operative societies until further orders or till ..... of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government ..... and a municipality found in 243-u as five years from the date of first meeting and no longer and contended that such water-tight term is not provided under section 28-a(4) of the act of 1959 and therefore admits of liberal interpretation, more so in view of the philosophy of the act of 1959 that there should 73 be no vacuum between the outgoing and incoming committee. ..... even otherwise, the government order dated 16.06.2020 exempting the sugar factories from the purview of the order dated 14.07.2020 was rectified by a corrigendum dated 21.07.2020 by ..... joint registrar of co-operative societies is challenged, by which the government order dated 16.06.2020 was made applicable to sugar factories also.3. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the term of the committee had expired or to expire, the government in exercise of its powers under section 121 of the act of 1959, took a decision to exempt them from the application of section 39-a and section 28-b of the act of 1959 and extended the term of the committees of sugar co-operative societies until further orders or till ..... of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government ..... and a municipality found in 243-u as five years from the date of first meeting and no longer and contended that such water-tight term is not provided under section 28-a(4) of the act of 1959 and therefore admits of liberal interpretation, more so in view of the philosophy of the act of 1959 that there should 73 be no vacuum between the outgoing and incoming committee. ..... even otherwise, the government order dated 16.06.2020 exempting the sugar factories from the purview of the order dated 14.07.2020 was rectified by a corrigendum dated 21.07.2020 by ..... joint registrar of co-operative societies is challenged, by which the government order dated 16.06.2020 was made applicable to sugar factories also.3. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the term of the committee had expired or to expire, the government in exercise of its powers under section 121 of the act of 1959, took a decision to exempt them from the application of section 39-a and section 28-b of the act of 1959 and extended the term of the committees of sugar co-operative societies until further orders or till ..... of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government ..... and a municipality found in 243-u as five years from the date of first meeting and no longer and contended that such water-tight term is not provided under section 28-a(4) of the act of 1959 and therefore admits of liberal interpretation, more so in view of the philosophy of the act of 1959 that there should 73 be no vacuum between the outgoing and incoming committee. ..... even otherwise, the government order dated 16.06.2020 exempting the sugar factories from the purview of the order dated 14.07.2020 was rectified by a corrigendum dated 21.07.2020 by ..... joint registrar of co-operative societies is challenged, by which the government order dated 16.06.2020 was made applicable to sugar factories also.3. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the term of the committee had expired or to expire, the government in exercise of its powers under section 121 of the act of 1959, took a decision to exempt them from the application of section 39-a and section 28-b of the act of 1959 and extended the term of the committees of sugar co-operative societies until further orders or till ..... of the board; or (v) the authority or body as provided by the legislature of a state, by law, under clause (2) of article 243-zk, has failed to conduct elections in accordance with the provisions of the state act: (underlining by court) provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government ..... and a municipality found in 243-u as five years from the date of first meeting and no longer and contended that such water-tight term is not provided under section 28-a(4) of the act of 1959 and therefore admits of liberal interpretation, more so in view of the philosophy of the act of 1959 that there should 73 be no vacuum between the outgoing and incoming committee. ..... even otherwise, the government order dated 16.06.2020 exempting the sugar factories from the purview of the order dated 14.07.2020 was rectified by a corrigendum dated 21.07.2020 by ..... joint registrar of co-operative societies is challenged, by which the government order dated 16.06.2020 was made applicable to sugar factories also.3. .....
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