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 : 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 : Feb-11-2021
..... requirements in a proceeding under section 163a can be governed only by limitations found in the said provision and limitations prescribed under other provisions of the act cannot be imported.69. another three judges bench of the apex court in the case of united india insurance co. limited vs. sunil kumar and another - air2017sc5710has held at paragraphs 8 ..... is a requirement for an adjudication of a claim for compensation. in other words, it is only in a proceeding under sections 165 and 166 that an inquiry as contemplated under section 168 is required to be undertaken by the tribunal and an adjudication would have to be made as to who was at fault and ..... indicate that the negligence or default on the part of any person in relation to the motor vehicle was irrelevant and cannot be taken into consideration.67. another three judge bench of the apex court in the case of shivaji and others vs. divisional manager, united india insurance co ltd.-. air2018sc3705has held as follows: 5. having .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-15-2021
..... the petitioners who are accused nos.1 to 23 are praying for quashing of all further proceedings in cc no.789/2017 on the file of the learned additional civil judge and jmfc, koppal, for the offence punishable under section 500 of ipc.3. the learned jmfc by order dated 10/10/2017 has taken cognizance for the offence ..... , adv.) this criminal petition is filed under section482of cr.p.c., seeking to call for the relevant records and to quash the order1010.2017 passed by the addl. civil judge & jmfc-koppal in cc.no.789/2017/pc.no.209/2017 thereby registering the case against the petitioners for the offence punishable u/sec.500 of ipc.-. 5 - this ..... the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or- purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if the magistrate makes over .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... criminal complaint being case no.1016/2020 mentioned at annexure-a filed by the respondent and pending before the court of principal civil judge and jmfc gokak for offence punishable under section31and36of legal metrology act, insofar as petitioners is concerned. in criminal petition no.101477 of2020between1 m/s. mahindra and mahindra limited with its registered office ..... states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi ..... been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.-.19- (2) in an inquiry under sub- section (1), the magistrate may, if he thinks fit, take evidence of witnesses on oath: provided that if it appears to the magistrate that .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... criminal complaint being case no.1016/2020 mentioned at annexure-a filed by the respondent and pending before the court of principal civil judge and jmfc gokak for offence punishable under section31and36of legal metrology act, insofar as petitioners is concerned. in criminal petition no.101477 of2020between1 m/s. mahindra and mahindra limited with its registered office ..... states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi ..... been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.-.19- (2) in an inquiry under sub- section (1), the magistrate may, if he thinks fit, take evidence of witnesses on oath: provided that if it appears to the magistrate that .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... criminal complaint being case no.1016/2020 mentioned at annexure-a filed by the respondent and pending before the court of principal civil judge and jmfc gokak for offence punishable under section31and36of legal metrology act, insofar as petitioners is concerned. in criminal petition no.101477 of2020between1 m/s. mahindra and mahindra limited with its registered office ..... states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi ..... been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.-.19- (2) in an inquiry under sub- section (1), the magistrate may, if he thinks fit, take evidence of witnesses on oath: provided that if it appears to the magistrate that .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... criminal complaint being case no.1016/2020 mentioned at annexure-a filed by the respondent and pending before the court of principal civil judge and jmfc gokak for offence punishable under section31and36of legal metrology act, insofar as petitioners is concerned. in criminal petition no.101477 of2020between1 m/s. mahindra and mahindra limited with its registered office ..... states and therefore by following the procedure established under section 202 of cr.p.c. the issuance of process ought to have been postponed/deferred till after holding inquiry as provided therein. for the said purpose, the learned counsel placed reliance on the decision of the -15- hon ble supreme court in udai shankar awasthi ..... been made by a court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.-.19- (2) in an inquiry under sub- section (1), the magistrate may, if he thinks fit, take evidence of witnesses on oath: provided that if it appears to the magistrate that .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-26-2021
..... also noticed the necessity of early disposal of cases relating to bribery and corruption. section 4(4) of the prevention of corruption act, 1988 reflects the will of the parliament that a special judge shall hold the trial of an offence on day- to-day basis, notwithstanding anything contained in the code of criminal procedure. section ..... under section482of cr.p.c., seeking to call for records in spl. case no.5004 of2017presently pending on the file of the iii addl. district and sessions judge, ballary, sitting at hospet and further be pelased to reverse and to set aside the - 2 - order dated0307.2017 passed in the case directing registration of ..... the code of criminal procedure, no court shall stay the proceedings under the prevention of corruption act on any other ground and no court shall exercise the powers of the revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. statutory provisions highlight the imperative need to eradicate 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 .....
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