Court : Karnataka Dharwad
Decided on : Jun-15-2021
..... c) of the rules.9. before examining the issues involved in these writ petitions, it is necessary to reproduce the relevant provisions of act, 1965 and rules, 1968 for ready reference:31. "section 71(2)(e) of the act reads thus: 71. power to make rules.- (1) the state government may, by notification and after previous publication, make rules to ..... in the sense that it is manifestly arbitrary . drawing a comparison between the law in england and in india, the court further observed that in england that the judges would say parliament never intended the authority to make such rule; they are unreasonable and untravirus. in india, arbitrariness is not a separate ground since it will come within ..... . the decision relied upon by the learned counsel for the petitioner in the case of sai chalchitra is rendered by the apex court 45 consisting of two learned judges. the decision rendered by the apex court in the case of jasbhai is by a larger bench and by following the said decision it is held that the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-15-2021
..... c) of the rules.9. before examining the issues involved in these writ petitions, it is necessary to reproduce the relevant provisions of act, 1965 and rules, 1968 for ready reference:31. "section 71(2)(e) of the act reads thus: 71. power to make rules.- (1) the state government may, by notification and after previous publication, make rules to ..... in the sense that it is manifestly arbitrary . drawing a comparison between the law in england and in india, the court further observed that in england that the judges would say parliament never intended the authority to make such rule; they are unreasonable and untravirus. in india, arbitrariness is not a separate ground since it will come within ..... . the decision relied upon by the learned counsel for the petitioner in the case of sai chalchitra is rendered by the apex court 45 consisting of two learned judges. the decision rendered by the apex court in the case of jasbhai is by a larger bench and by following the said decision it is held that the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-15-2021
..... c) of the rules.9. before examining the issues involved in these writ petitions, it is necessary to reproduce the relevant provisions of act, 1965 and rules, 1968 for ready reference:31. "section 71(2)(e) of the act reads thus: 71. power to make rules.- (1) the state government may, by notification and after previous publication, make rules to ..... in the sense that it is manifestly arbitrary . drawing a comparison between the law in england and in india, the court further observed that in england that the judges would say parliament never intended the authority to make such rule; they are unreasonable and untravirus. in india, arbitrariness is not a separate ground since it will come within ..... . the decision relied upon by the learned counsel for the petitioner in the case of sai chalchitra is rendered by the apex court 45 consisting of two learned judges. the decision rendered by the apex court in the case of jasbhai is by a larger bench and by following the said decision it is held that the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-15-2021
..... c) of the rules.9. before examining the issues involved in these writ petitions, it is necessary to reproduce the relevant provisions of act, 1965 and rules, 1968 for ready reference:31. "section 71(2)(e) of the act reads thus: 71. power to make rules.- (1) the state government may, by notification and after previous publication, make rules to ..... in the sense that it is manifestly arbitrary . drawing a comparison between the law in england and in india, the court further observed that in england that the judges would say parliament never intended the authority to make such rule; they are unreasonable and untravirus. in india, arbitrariness is not a separate ground since it will come within ..... . the decision relied upon by the learned counsel for the petitioner in the case of sai chalchitra is rendered by the apex court 45 consisting of two learned judges. the decision rendered by the apex court in the case of jasbhai is by a larger bench and by following the said decision it is held that the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jan-08-2021
..... to all pending matters where above aspects are under consideration. - 17 - thus the view taken by this court in sarla verma is affirmed by the three-judge bench of this court in reshma kumari. split multiplier 32. for determination of compensation in motor accident claims under section 166 this court always followed multiplier method. ..... court, namely, susamma thomas (air1994sc1631:1994. air scw1356 trilok chandra and charlie (air2005sc2157 2005 air scw1801 for the claims made under section 166 of the 1988 act. the court said that multiplier shown in column (4) of the table must be used having regard to the age of the deceased. perhaps the biggest ..... assessment of compensation. some judgments of the high courts have justified a departure from the multiplier method on the ground that section 110-b of the motor vehicles act, 1939 insofar as it envisages the compensation to be 'just', the statutory determination of a 'just' compensation would unshackle the exercise from any rigid formula. .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-23-2021
..... in swaran singh vs. state of punjab (2000)5 scc668had expressed it s anguish as under: perjury has also become a way of life in the law courts. a trial judge knows that the witness is telling a lie and is going back on his previous 10 statement, yet he does not wish to punish him or even file a complaint ..... the very certificate itself; there being no reason to doubt the same, the said opinion has to be treated as the 6 expert opinion under section 45 of the evidence act, 1872 and therefore, carries a lot of weight, nothing emerging from the record for discounting it s probative value. (c) later, the claimant moved to narayana institute of cardiac sciences ..... nagar, ballari-583103. ...respondents (by sri. s.v.yaji, advocate for r3) (notice to r1 & r2 dispensed with) this mfa is filed under section 173(1) of the motor vehicles act, against the judgment and award dated 03.03.2017 passed in mvc no.64/2015 on the file of the member, motor accident claims tribunal-ii, ballari, partly allowing the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jan-06-2021
..... act. this appeal coming on for orders, this day, hanchate sanjeevkumar j., delivered the following: judgment though this appeal ..... m.y.katagi, advocate for r2) - 2 - this appeal is filed under section301) of the employees compensation act, 1923, against the judgment and award dated1409.2018 passed in eca no.6/2017 on the file of the principal senior civil judge-cum-motor accident claims tribunal -iv, hosapete, dismissing the claim petition filed under section22of workmen compensation ..... (hereinafter referred to as e.c. act for short) calling in question the judgment and award passed in e.c.a. no.6/2017 dated 14.09.2018 on the file of principal senior civil judge-cum- m.a.c.t.-iv, hosapete (hereinafter referred to as trial court for short), whereby the claim .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-01-2021
..... class, kudligi, dismissing the appeal and confirming the judgement and decree dtd:14. 07.2015, passed in o.s.123/2012 on the file of the civil judge and judicial magistrate first class, sandur. this appeal coming on for admission this day, the court delivered the following: judgment the defendant has preferred the second appeal ..... and circumstances involved in the case, the respondent-wife can file a suit for maintenance by invoking the provisions of section-18 of the hindu adoption and maintenance act, 1956, even though on earlier occasion there was a compromise entered into between the appellant- husband and respondent-wife in a proceeding under section-125 of cr ..... is opposed to the public policy and that cannot be said that there is a valid agreement / compromise. in this regard, sections 23 and 28 of indian contract act, 1872, stipulated as follows: 23. what considerations and objects are lawful, and what not. the consideration or object of an agreement is lawful, unless it is forbidden .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-15-2021
..... c) of the rules.9. before examining the issues involved in these writ petitions, it is necessary to reproduce the relevant provisions of act, 1965 and rules, 1968 for ready reference:31. "section 71(2)(e) of the act reads thus: 71. power to make rules.- (1) the state government may, by notification and after previous publication, make rules to ..... in the sense that it is manifestly arbitrary . drawing a comparison between the law in england and in india, the court further observed that in england that the judges would say parliament never intended the authority to make such rule; they are unreasonable and untravirus. in india, arbitrariness is not a separate ground since it will come within ..... . the decision relied upon by the learned counsel for the petitioner in the case of sai chalchitra is rendered by the apex court 45 consisting of two learned judges. the decision rendered by the apex court in the case of jasbhai is by a larger bench and by following the said decision it is held that the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-21-2021
..... adverted to as under: 8. in united india insurance co. ltd. v. shila datta while considering the nature of a claim petition under the motor vehicles act, 1988 a three-judge bench of this court has culled out certain propositions of which propositions (ii), (v) and (vi) would be relevant to the facts of the present case ..... vi) the tribunal is required to follow such summary procedure as it thinks fit. it may choose one or more persons possessing special knowledge of and matters relevant to inquiry, to assist it in holding the enquiry. 9.the following further observation available in para 10 of the report would require specific note: (shila datta case, scc ..... or he is born into, as an invalid, and with degrees of dependence on others, robbed of complete personal choice or autonomy, should forever be in the judge s mind, whenever tasked to adjudge compensation claims. severe limitations inflicted due to such injuries undermine the dignity (which is now recognized as an intrinsic component of .....
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