Court : Karnataka
Reported in : ILR2009KAR2789:2009(4)KCCRSN220:2009(6)AIRKarR206:(D.B)
..... mining leases in forest areas as a matter of rule and only as an exception, forest areas may be notified for grant of mining leases, after fully establishing the imminent and inevitable need for exploiting the mineral and if it is found such exploitation is in the national interest for making available mineral which otherwise cannot be obtained for the nation building activities including ..... the above directions and till a scientific evaluation is made and the imminent need for carrying out mining operations in the forest area is established and only if it is established that it is inevitable for carrying on the mining operations even at the cost of losing forest, then alone, leases can be permitted to work, otherwise, the state government is directed to take steps for cancellation ..... ;(c) if the area has already been declared as reserved forest area, it should normally be retained without being disturbed and only if the state government is fully satisfied that there is inevitable need justifying de-reservation and to permit a non-forest activity, that should be examined keeping in view the nature of non-forest activity proposed to be carried out in the forest area ..... government should make a very scientific and conscious evaluation of the consequences of losing precious forest as to whether it is so very imminent and inevitable for exploiting the mineral for being used in the production of the mineral for country's purpose and development and such related aspects should always be .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3652; 1992(4)KarLJ571
..... an element of guess work is inevitable in this sphere of law. ..... this inevitable element of conjecture involved in the exercise is pointed out by the supreme court: '...3) we are conscious that this process of determination of market value adopted by us may savour of conjecture or guess but the estimation of market value in many cases ..... inevitability of some amount of arbitrariness has been recognised, while evaluating the market value. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant182; 1984(2)KarLJ236
..... in evaluating such elusive factors and founding their own conception of what is reasonable, in all the circumstances of a given ease, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision should play an important part, and the limit to their interference with legislative judgment in such cases can only be dictated by ..... take or run the risk, run a chance, take chances, tempt fortune; leave or trust to chance or luck, rely on fortune, trust to the chapter of accidents go it blind (slang) take a leap in the dark: buy a pig in a poke, acheter chat enpoche (f); take potluck19. ..... 'gambling is the betting or staking of something of value, with consciousness of risk and hope of gain, on the outcome of a game, a contest, or an uncertain event, whose result may be determined by chance or accident or which may have an unexpected result by reason of the better's miscalculation'.514 gamble'nouns 1. .....
Tag this Judgment!Court : Karnataka
Reported in : I(1999)ACC419; 1999ACJ37
..... the legal forums before which these matters come to note that the manner in which these two-wheelers are being ridden gives cause for serious concern and also leads to the inevitable conclusion that if the rider insists on being wantonly reckless then he will have to take the consequences thereof and cannot then expect either sympathy or compensation if the tragedy that follows is self-inflicted ..... , howsoever modestly one may view the case, the fact remains that the injuries were serious and the appellant was therefore required to undergo as many as 9 operations with the inevitable fall-out thereof and it has also been demonstrated that he was to a certain extent handicapped for well over one year. ..... have to pay the penalties which the law imposes, if the vehicles are operated in a manner that defies sanity and can only be rightly categorised as being suicidal; and that in the event of an accident they shall not be eligible either for any sympathetic consideration or for any monetary compensation from the courts. ..... the head is the most vulnerable part of the body in the case of a two-wheeler accident and that is why a helmet is compulsory safety gear all over the world. ..... inevitably, the claimant who is the injured person is bound to guard himself against anything that would expose his negligence and that he would therefore seek to project a picture whereby the entire ..... , in the last two years over 400 infants and children have been killed or seriously injured in two-wheeler accidents. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ419; AIR2009NOC1221; 2009(2)AIRKarR326
..... same. the extent of scrutiny even in exercise of the power of judicial review of administrative action is inevitably of a greater degree and much deeper while examining an action and orders passed on an application under rule 38{5)(a) of the rules in comparison to the scope of examination of orders on an application under order xxi rule 90 cpc .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5845
..... inevitable inference that emerges from the understanding of this rule is that after the completion of the maximum period of probation of two years, the probationary period cannot be extended. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant63; AIR1950Mys63
..... we are therefore, of opinion that the plaintiff had not right to eject inasmuch as the notice given is bad in law and the plaintiff's suit to that extent should inevitably fail. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant107; ILR2008KAR1270; 2008(5)KarLJ453; 2008(5)KLJ453; 2008(2)KCCR703; 2008(2)AIRKarR566; AIR2008Kar107; 2008(3)ICC295; 2008AIHC2093(Kar)
..... the suit for recovery of possession therefore inevitably fails.25. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR368
..... it is unfortunate that this is the order of the day and the learned government advocate is therefore justified in pointing out that when incidents like this take place, delays are inevitable and if the offender seeks to intimidate the law enforcement machinery that it is equally necessary for the police to take firm steps which are often categorised as discourtesy and ruthlessness i see considerable justification in what has ..... there could be a more familiar situation in which an unfortunate accident has taken place in which case the liabilities are serious and far reaching and it is very necessary for the police to have an on the spot definite identification of the person responsible for the accident. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999ACJ572; [1998(79)FLR473]; ILR1998KAR1500
..... therefore, cannot be said by the insurance company that when it is statutorily and even contractually liable to reimburse the employer qua his statutory liability to pay compensation to the claimants in case of such motor accidents to his workmen, the interest on the principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the date it fell due, would not be a ..... on the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor vehicle belonging to the insured employer, the claim for compensation payable under the compensation act along with interest thereon, if any, as imposed by the commissioner sections 3 and 4a(3)(a) ..... sub-section (1) of the section 3 clearly provides that, '(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay the compensation in accordance with the provisions of this chapter ..... we have noted earlier the liability to pay compensation under the workmen's compensation act gets foisted on the employer provided it is shown that the workman concerned suffered from personal injury, fatal or otherwise, by any motor accident arising out of and in the course of his employment. ..... ' so, liability under sub-section (1) arises as soon as the accident causing injury to workman has taken place in course of or out of employment with his .....
Tag this Judgment!