Court : Karnataka
Reported in : [1979]49CompCas468(Kar)
..... present case, the liability is determined by the terms of ex. p-9 the certificate of insurance. it states that the liability is limited to that under chapter viii of the motor vehicles act, 1939. it means that the liability was limited to rs. 20,000 according to section 95(2) as it then stood. if retrospective effect is given ..... if the insured is held liable to so compensate. explaining the scheme of the provisions of chap. viii of the act the supreme court observed in new asiatic insurance co. v. pessumal dhanamal aswani : [1964]7scr867 . 'chapter viii of the act, it appears from the heading, makes provision for insurance of the vehicle against third-party risks, that is to say ..... that person or that other person as the case may be, a policy of insurance complying with the requirements of his chapter.'4. section 95(1) of the act provides that in order to comply with the requirements of the chapter, a policy of insurance must (inter alia) be a policy which is issued by a person who is an .....
Tag this Judgment!Court : Karnataka
Reported in : [1994]93STC464(Kar)
..... 26th june, 1970, whereby the jewellery and ornaments had been excluded from computation of total wealth, under s. 5(1)(viii), the said section was amended by finance act no. 2 of 1971, with retrospective effect from 1st april, 1963, by adding the words 'but not including jewellery'. in view of it, rectification proceedings were ..... exercise of jurisdiction under s. 25a are non-existent and, therefore, the orders are without jurisdiction. no doubt the orders of rectification are appealable under the act. but in view of the question of jurisdiction raised, these cases deserve an examination on merits rather than dismissal at the threshold on the ground of ..... from total turnover, while passing the orders of assessment, there was no 'mistake apparent from the record' which could be rectified under s. 25a of the act. after considering the objections, the assessing authority passed orders of rectification on 2nd april, 1993 holding that the deduction of packing charges from the total turnover, was .....
Tag this Judgment!Court : Karnataka
Reported in : LC2008(3)347; 2008(4)KCCRSN275; 2008(4)AIRKarR417; AIR2008NOC2496; 2008AIHC3005(Kar)
..... .rs. v. jagannath (dead ) by l.rs : air1994sc853 (6) kirloskar propriety v. kirloskar dimensions air 1997 kar 1(7) power control appliances v. sumeet machines pvt. ltd. : [1994]1scr708 (8) eureka forbes ltd. v. pentair water india pvt. ltd. 2007 (4) kar.l.j 122(9) reckitt benckiser v. naga ltd. 2003 (36) ptc 535(10) dabur ..... plaintiff claimed that the registration is still valid and subsisting. it is brought to the notice of the court that section 2[1][w] of the trade marks act 1999, provides that 'registered trade mark means a trade mark which is actually on the register and remaining hi force.' therefore a is contended that the plaintiff ..... city chni and sessions judge, mayohall unit, bangalore.2. the facts of the case are that the appellant and respondent arc the companies incorporated under the indian companies act and are the manufacturers and marketing the bakery items i.e., biscuits/cookies. the plaintiff-respondent is a registered proprietor of the trademark 'good day', the plaintiff .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(6)KarLJ316
..... all seven different pieces of land situated in korvi village of manvi taluk came to be acquired by issue of a preliminary notification under section 4 of the act dated 18-8-1994. these lands belonged to seven different persons. the first respondent owned an extent of one acre twenty guntas in section no. 221/a amongst the seven ..... and other similar persons had been taken as on 5-3-1976 and obviously this cannot be so, inasmuch as the preliminary notification itself is of the year 1994 and if the civil court should take some such earlier date, it amounts to saddling the government for payment of additional interest and solatium etc., for no reason ..... being aggrieved by the very nominal value fixed in respect of their lands, had sought for referring the matters to the civil court by filing appropriate applications under the act. the respondent's application was numbered as lac. no. 189 of 1998. the other six landowners had also sought for similar references and their applications were also .....
Tag this Judgment!Court : Karnataka
Reported in : 1992ACJ306; [1993]76CompCas401(Kar); ILR1991KAR4127
..... to see is - (i) whether the vehicle was covered by an insurance policy issued in conformity with chapter viii of the act; (ii) whether the death or injury complained of was caused by the use of the vehicle concerned in a public place. 6 ..... answered by the insurance company in the present case is the risk in respect of a third party. the provision contained in chapter viii of the 1939 act makes insurance of motor vehicles against third party risks compulsory. therefore, in a case of this type, what we have got ..... had no permit, then, probably the insurance company could have taken a defence under section 96(2)(b)(i)(a) of the act. on the ground that it was being used in contravention of the permit. whatever that may be, the facts of this case are ..... vehicle was used on a route or place which is not covered by a stage carriage permit. 8. section 96(2) of the act sets out the specific defence available to an insurer. if, on the date of the accident, the vehicle was being used as .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR182; [1998]229ITR137(KAR); [1998]229ITR137(Karn)
..... employee shall be allowed leave with salary/wages subject to and in accordance with the indian factories act. 15.1 chapter viii of the factories act, 1948, deals with annual leave with wages. sec. 78 provides that provisions of the said chapter shall not operate to the prejudice of any right to which a worker may be entitled under ..... wages for unutilised leave. he relied on accounting standard no. 15 of institute of chartered accountants of india and accounting standards of financial accounting standard board of usa (1994). at the outset it has to be noticed that merely because a provision can be made in accounts, does not necessarily mean that the provision so made becomes ..... made for the unutilised leave at all. let us take another example. if an employee has already accumulated the maximum leave as at the end of 31st december, 1994, the leave earned during the period 1st january, 1975 to 31st december, 1975, will unless used during the calendar year 1976, will lapse; and the provision if .....
Tag this Judgment!Court : Karnataka
Reported in : 2009ACJ527; AIR2008Kant184; 2008(5)AIRKarR472; AIR2008Kar184
..... person travelling gratuitously in the car. the supreme court referred to section 94 of the motor vehicles act, 1939 which compels owner of the motor vehicle to insure the vehicle in compliance with the requirements of chapter viii of the act. in the said case, the policy was admittedly a comprehensive policy which has been defined in ..... in accordance with this schedule. any payment made by the company by reason of wider terms appearing in the certificate in order to comply with the motor vehicle act, 1988, is recoverable from the insured. see the clause headed 'avoidance of certain terms and right of recovery'. the contract of insurance shall be governed by ..... black's law dictionary in 5th edition 'all risk insurance' which means 'type of insurance policy which ordinarily covers every loss that may happen, except by fraudulent act of the insured. after .....
Tag this Judgment!Court : Karnataka
Reported in : [1983]53CompCas327(Kar)
..... speaking through raghubar dayal j., has given expression to its view with regard to the object, scope and ambit of chap. viii of the act and its provisions thus (p. 699) : 'chapter viii of the act, is appears from the heading, makes provision for insurance of the vehicle, against third party risks, that is to say, its provisions ensure ..... the learned counsel appearing for the insurer submitted that the first part of the proviso, since governs the provisions contained in s. 95 (1) (b) (ii) of the act, where the word 'passenger' is used with reference to a public service vehicle; the word 'passenger' used in the first part of the proviso, should necessarily pertain to ..... namely - (a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle; (b) where .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant294; [1994]80CompCas845(Kar); 1991(4)KarLJ200
..... baroda ilr 1991 kar 3303 particularly at para no. 11 therein. in the said case it is also pointed out that the rights available to the surety under chapter viii of the contract act can be waived by the surety and such waiving of the right by the surety is neither intended to defeat nor does it defeat any provisions of law ..... debtors jointly with him, and accordingly we shall not be entitled to any of the rights conferred on sureties by ss. 133, 134, 139 and 141 of the contract act.'sri reddy, placed reliance on the aforesaid portion of the guarantee letter and submitted that if the same is construed properly it would amount to consent on the part of ..... not at all bind the surety and the plaintiff hank cannot file such a suit against the suretybeyond the period of 3 years as per art. 59 of the limitation act.' sri ram mohan reddy, learned counsel for the appellant, contended that the lower court has erred in holding the conclusion that the acknowledgment given by defendant no. i (since .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1983KAR157; 1983(1)KarLJ439; (1983)IILLJ108Kant
..... provisions. 11. shri shivashankar bhat, learned senior standing counsel appearing for respondent 2 invited our attention to paragraph 78 of the scheme in chapter ix which empowers the central government to issue direction. it provides that the central government may from time to time, issue such directions ..... the central government or in relation to an industrial dispute concerning the industrial finance corporation of india, established under s. 3 of the industrial finance corporation act, 1948, or the employees' state insurance corporation established under s. 3 of the employees' state insurance act, 1948, or the 'indian airlines' and 'air india' corporations established ..... for the effective implementation of the provisions of the p.f. act in the matter of providing the benefit of provident fund to the employees of certain classes of establishment. chapter ii of the schedule deals with the board of trustees. chapter iii deals with appointment, and powers of the commissioner and other .....
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