Court : Karnataka Dharwad
..... .11. in the light of law laid down by the larger bench in the case of vineeta sharma and in view of interpretation of amended section 6 in the above cited judgment, what emerges is that sub-section (1) of section 6 envisages existence of joint hindu family when the amendment came into ..... a. the reference made in the vineeta sharma s case (supra) by the supreme court of india stemmed from conflicting views and interpretations regarding the rights of daughters in ancestral property under section 6 of the hindu succession act, ..... connotation. the apex court in the above cited judgment also pointed out that in the case of interpretation of statute, specially relating to 5 air2000sc43415 womenfolk, due weight should be given to the constitutional requirement of equality and status ..... daughters. the supreme court's reference in the vineeta sharma s case aimed to resolve these disparities and establish a definitive interpretation to bring clarity to the legal landscape concerning daughters' inheritance rights. 19 ..... prospectively. the court sought to address these conflicting views and provide a clear and consistent legal interpretation to ensure uniformity in matters of inheritance for ..... constitution. courts, when interpreting and applying the law, often strive to uphold these fundamental principles and may intervene to ensure that the rights of individuals, irrespective of gender, are protected and ..... legislation. therefore, it should be interpreted with widest possible .....
Tag this Judgment!Court : Karnataka Dharwad
..... . in the case of section 18-a of the state act however there is no need for reading down the provision as was done by the supreme court, for the provision is couched in a language which lends itself to only the interpretation, namely, the imposition of the penalty is left to the discretion of the assessing authority ..... . state of karnataka4, while interpreting 2 (1970) 25 stc211(sc) 3 2000 (48) klj34(tri) (db) 4 (1996) 103 stc369-:19 .....
Tag this Judgment!Court : Karnataka Dharwad
..... in order to make the protection real, the legislature has also provided that the judgment obtained shall not be defeated by the incorporation of exclusion clauses other than those authorised by section 96 and by providing that except and save to the extent permitted by section 96 it will be the obligation of ..... provision enacted by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather than defeats the purpose of the legislation. ..... in order to divine the intention of the legislature in the course of interpretation of the relevant provisions there can scarcely be a better test than that of probing into the motive and philosophy of the relevant provisions keeping in mind the goals to be achieved by ..... dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. ..... provision has therefore to be interpreted in the twilight of the ..... the tribunal, therefore interpret the provisions to the benefit of ..... any other interpretation would be repugnant to the definition of light motor vehicle in section 2(21) and the provisions of section 10(2)(d), rule - ..... interpreting the amended provisions of motor vehicles act, 1988, the hon ble apex court in the case of mukund dewangan (supra), it is held that types of vehicles - .....
Tag this Judgment!Court : Karnataka Dharwad
..... in order to make the protection real, the legislature has also provided that the judgment obtained shall not be defeated by the incorporation of exclusion clauses other than those authorised by section 96 and by providing that except and save to the extent permitted by section 96 it will be the obligation of ..... provision enacted by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather than defeats the purpose of the legislation. ..... in order to divine the intention of the legislature in the course of interpretation of the relevant provisions there can scarcely be a better test than that of probing into the motive and philosophy of the relevant provisions keeping in mind the goals to be achieved by ..... dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. ..... provision has therefore to be interpreted in the twilight of the ..... the tribunal, therefore interpret the provisions to the benefit of ..... any other interpretation would be repugnant to the definition of light motor vehicle in section 2(21) and the provisions of section 10(2)(d), rule - ..... interpreting the amended provisions of motor vehicles act, 1988, the hon ble apex court in the case of mukund dewangan (supra), it is held that types of vehicles - .....
Tag this Judgment!Court : Karnataka Dharwad
..... in order to make the protection real, the legislature has also provided that the judgment obtained shall not be defeated by the incorporation of exclusion clauses other than those authorised by section 96 and by providing that except and save to the extent permitted by section 96 it will be the obligation of ..... provision enacted by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather than defeats the purpose of the legislation. ..... in order to divine the intention of the legislature in the course of interpretation of the relevant provisions there can scarcely be a better test than that of probing into the motive and philosophy of the relevant provisions keeping in mind the goals to be achieved by ..... dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. ..... provision has therefore to be interpreted in the twilight of the ..... the tribunal, therefore interpret the provisions to the benefit of ..... any other interpretation would be repugnant to the definition of light motor vehicle in section 2(21) and the provisions of section 10(2)(d), rule - ..... interpreting the amended provisions of motor vehicles act, 1988, the hon ble apex court in the case of mukund dewangan (supra), it is held that types of vehicles - .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the case of section 18-a of the state act however there is no need for reading down the provision as was done by the supreme court, for the provision is couched in a language which lends itself to only the interpretation, namely, the imposition of the penalty is left to the discretion of the assessing authority. ..... state of karnataka ((1996) 103 stc 369), while interpreting section 18 and 18-a of the kst act, opined that the commission of statutory offence would not require proof of mens rea as an essential ingredient and at paragraph 22, observed thus: "22. .....
Tag this Judgment!Court : Karnataka Dharwad
..... what is argued before this court by the learned counsel for the defendants is that the very deletion of the clause in ex.d1 which is marked as ex.d1a is beneficial to the case of the defendants. ..... the learned judge of the first appellate court has adopted a too hyper technical approach in regard to the interpretation of ex.p4. ..... that clause is also found in ex.d1 in the last paragraph but the same has been struck off. .....
Tag this Judgment!Court : Karnataka Dharwad
..... therefore, the mv act calls for a liberal and wider interpretation to serve the real purpose underlying the enactment and fulfill its legislative intent. .....
Tag this Judgment!Court : Karnataka Dharwad
..... if this argument is accepted the same would widen the scope of limited defence clause enacted under subsection (2) of section 149 of the act which the court in the interpretation process cannot do. ..... fact that the insured or anyone seeking the benefit of insurance has violated the provisions of the motor vehicles act or any of the rules made thereunder, per se does not fit into the limited defence clause enacted under sub-section (2) of section 149 of the act.19. ..... he further submits that this defence of the insurance company falls within the narrow scope of limited defence clause enacted under section 149(2) of the act. ..... but, when the same is treated in the rigor of limited defence clause enacted under sub-section 15 c/w. ..... the parliament has enacted sub-section (2) of section 149 of the act only as a limited defence clause restricting the scope of 14 c/w. ..... it speaks of a breach of specified condition of policy of insurance and such a condition should relate to one of the items enumerated under clause (a) of sub-section (2). .....
Tag this Judgment!Court : Karnataka Dharwad
..... the divergent views expressed by different high courts if understood logically, in my opinion the second set of rulings stand to the logic and also properly and correctly interpreted the law, and also intention of the legislators in bringing the special enactment and empowering the police officer with a power to arrest a person without a warrant under peculiar circumstances of each offences, in contrast to the ..... context means, the statute as a whole, the previous statute if any, or any other connecting statutes in pari-materia, the general scope of the statute and the specific and special intention of the legislature, every clause of a statute should be construed with reference to the context and other clauses of the act, as far as possible, to make a provision consistent with the entire enactment or series of statutes, or with other relevant statutes relating to the subject matter. 13. ..... 78(1) is an offence which prescribes a punishment of imprisonment which may extend to one year or with fine and sub clause (2) is also an offence which is punishable with imprisonment which may extend to one month or with fine. ..... 460 (e) of the code saves any irregularity in taking cognizance of an offence under clause (a) or clause (b) of sub section (1) of section 190 of the code. ..... sub clause (k) of section 461 of the code provides that, if any magistrate not being empowered by law in this behalf takes cognizance of an offence under sub clause (c) of sub section (1) of sec.190 of the code is also .....
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