Court : Karnataka Dharwad
..... on record as well as the certified copy of the evidence and documents produced before the tribunal, which have been submitted by the counsel for the appellant during the course of arguments, it is not in dispute that the accident occurred on 20.09.2009 and laxman died on 30.3.2010. ..... the fact remains that there was infection of the fracture which possibly had led to the inevitable death of laxman. ..... merely because no postmortem is done, it cannot be held that there is no nexus between the accidental injuries and death as the continuity of treatment of the injuries sustained in the accident has been established. ..... that the accident occurred on 20.9.2009, but the injured laxman died on 30.3.2010. ..... he, therefore, submitted that the tribunal was not right in awarding compensation as if it was a fatal accident. 8. ..... therefore, the tribunal could not have granted compensation on the premise that laxman died as a result of the injuries sustained in the accident. ..... there has been no postmortem conducted so as to link the death to the injuries sustained in the accident. ..... it is contended that the death of laxman had no nexus to the injuries sustained in the accident. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... granting any 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 defence, ..... to follow 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 of ..... conserve the forest;(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, ..... environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health .....
Tag this Judgment!Court : Karnataka
..... gowda [supra] for acquiring title by prescription, cannot claim any better title other than what had been derived under the sale transactions prior to the regrant order; that the subject land being inevitably a granted land as per the contentions noticed above, the ptcl act applies and the legal consequences in terms of section 4 of the ptcl act follow; that the position of the petitioners, which is adverse to the interest ..... definition of granted land as it occurs in the ptcl act, which is a legislation subsequent to the abolition act, the intendment and object of defining granted land in the context of the lands granted under law relating to abolition of inams, it is inevitable to rope in such a land covered by a regrant order passed under sections 4, 5, 6, 7 and 8 of the abolition act within the meaning of the phrase granted land as it occurs in section 3(1)(b) of ptcl act and for this reason also, submits ..... having been not noticed and therefore in the first instance, independent of the decided cases, an in-depth examination of the provisions of the abolition act read with provisions of klr code, is required to be undertaken and on such scrutiny, inevitably shows that a land which is regranted under section 5 of the abolition act is one which is squarely covered within the definition of the phrase granted land under section 3(1)(b) of the act; that this is obvious on an examination of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... state was bound to factor in while acquiring the lands for the purpose of a project of ongoing nature of this kind, various other aspects like area of submergence, possible number of families going to be displaced, since inevitably in the very nature of the project execution taking a number of years more number of families requiring rehabilitation due to passage of time and the impossibility of rehabilitating from the old habitat in the same manner in the ..... may be some error here or some minor infractions there, but then in any human endeavour, infractions and violations of minor nature are inevitable; but, we are conscious that it is not for us to do nit picking and smell foul-play at mere whiff of a ..... ramaniklal n bhutta41 quashing of acquisition of lands made for a project of such public importance as in the current one should be a rare one and only when it is 41 (1997) 1 scc134- 50 - wa no.100139 of 2022 c/w wa no.100062/2022 inevitable. ..... a mega infrastructural project pursuant to a policy framed embedded with the opinion of experts, court should refrain from acting like a super-accountant and interference with the same should be extremely rare where it is inevitable. ..... population or an important economic measure, including a measure which is fundamentally transformative in nature vis- -vis the segment of population that is going to be benefited in terms of livelihood, the sword of judicial intervention should be unsheathed only when it is demonstrably inevitable.21. .....
Tag this Judgment!Court : Karnataka Dharwad
..... state was bound to factor in while acquiring the lands for the purpose of a project of ongoing nature of this kind, various other aspects like area of submergence, possible number of families going to be displaced, since inevitably in the very nature of the project execution taking a number of years more number of families requiring rehabilitation due to passage of time and the impossibility of rehabilitating from the old habitat in the same manner in the ..... may be some error here or some minor infractions there, but then in any human endeavour, infractions and violations of minor nature are inevitable; but, we are conscious that it is not for us to do nit picking and smell foul-play at mere whiff of a ..... ramaniklal n bhutta41 quashing of acquisition of lands made for a project of such public importance as in the current one should be a rare one and only when it is 41 (1997) 1 scc134- 50 - wa no.100139 of 2022 c/w wa no.100062/2022 inevitable. ..... a mega infrastructural project pursuant to a policy framed embedded with the opinion of experts, court should refrain from acting like a super-accountant and interference with the same should be extremely rare where it is inevitable. ..... population or an important economic measure, including a measure which is fundamentally transformative in nature vis- -vis the segment of population that is going to be benefited in terms of livelihood, the sword of judicial intervention should be unsheathed only when it is demonstrably inevitable.21. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant119
..... . in evaluating such elusive factors and forming their own conception of what is reasonable, in all the circumstances of a given case, 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 ..... . it may be that if the declaration of government seats and regulation of admission to government seats is inevitable and necessary to give effect to these of the act, there would be conforce in the conteation of the state ..... .(ii) this situation raises the question as to whether even if that would be the inevitable consequence of the law, still it could be regarded as law meant to implement the directive of art. 39(b) ..... . this is an inevitable consequence flowing from the constitutional protection afforded to them in national interest and integrity for ensuring them against any sense of insecurity in their minds about their educational rights, apart from this there is no difference .....
Tag this Judgment!Court : Karnataka
Reported in : [2006]148STC17(Kar)
..... levy of sales tax on goods is an indirect tax and the tax is inevitably passed on to the consumer and not borne by the dealer though under the act the dealer is looked upon by the state to gather the tax. ..... in the present case, it is nothing but sheer callousness and the lukewarm attitude on the part of the respondents, which has made it inevitable to declare the law as unconstitutional. ..... 5 of 2001 should be inevitably declared as unconstitutional.25. ..... it is inevitable that the impugned legislation has to be declared as unconstitutional only for the reason that the state has miserably failed in defending the validity of the legislation by not placing relevant material to sustain its stand before .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant21; ILR1985KAR2477
..... in evaluating such elusive factors and forming their own conception of what is reasonable, in all the circumstances of a given case, 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 ..... 19(l)(g), the state has to justify by acceptable evidence, inevitable consequences or sufficient materials that the restriction, whether partial or complete, is in public interest and contains the quality of reasonableness.xx xx xxas to what are reasonable restrictions would naturally depend on the nature and circumstances of the case ..... on which a permanent cinema is being operated certainly the touring cinema operator who has invested practically very little capital and subjected to liberal restrictions and conditions in providing seating accommodation, sanitation, protection against fire accident and traffic hazards, etc ..... interest to wit - to avoid traffic congestion, to ensure against unfair competition with permanent cinema houses who would have made heavy investments to provide better comforts, and amenities to cine-goers, and as a precaution against fire accidents, particularly for the reason touring cinemas are temporary structures constructed using materials which are more prone to fire accidents ..... however, having regard to the scheme of the act and the object sought to be achieved, such results are inevitable .....
Tag this Judgment!Court : Karnataka
Reported in : (1985)IILLJ543Kant
..... (3) the appropriate made within the period specified government may, if it satisfied therein or where the permission that owing to such exceptional for closure has been refused, the circumstances as accident in closure of the undertaking shall the undertaking or death of the be deemed to be illegal from the employer or the like it is date of closure and the workmen necessary so to do by order, shall be entitled to all the direct that the provisions of ..... (4) every workman appropriate government may, if in the said undertaking who it is satisfied that owing to has been in continuous such exceptional circumstances service for not less than as accident in the undertaking one year in that undertaking or death of the employer or the immediately before the date like it is necessary so to do, of application for permission by order, direct that the under this section shall be provisions of sub-s. ..... to strike a balance between the parallel and conflicting interest and as that was the position arising out of the claim of the employer that he has the right to close down his business and it has become inevitable to close it and the rival claim of the workers that he had no such right as it would affect their interest and render them unemployed. ..... . to prevent unemployment which would be the inevitable result of closure of an industry .....
Tag this Judgment!Court : Karnataka
..... 4[a], but was one in the context of some election to a local body and therefore the requirement of valid presentation was never met by the petitioner; that non deposit of security deposit amount inevitably will lead to rejection of a nomination paper and as the petitioner had admittedly not deposited the amount, any acceptance on the last date for presentation of the nomination papers could have only resulted ..... returning officer, which was not merely illegal, violative of statutory provisions and guidelines issued by the election commission of india, but also outright discourteous and humiliating to the petitioner and inevitably the petitioner was made to believe that the returning officer was prejudiced against her and had a set mind to refuse her nomination paper with some ulterior motive, which forced the ..... judicial pronouncements that insofar as the ground of improper rejection of nomination papers is concerned, coming within the scope of section 100[1][c] of the act, an improper rejection by itself is good enough and inevitably results in setting aside an election, irrespective of the question as to whether such an improper rejection could have materially affected the outcome of the elections ..... . the significance of pleadings in an election petition is to accord a proper opportunity to the respondent inevitably the candidate declared as elected to meet the averments made in the petition to defend his election and the result and therefore the pleadings should be precise, clear .....
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