Court : Karnataka Kalaburagi
Decided on : Jul-20-2016
..... the supreme court had laid down as follows: it is not necessary to multiply with authorities. the principle is well settled. the provisions of section 106 of the evidence act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of proving that ..... fails to offer an explanation on the basis of facts within his special knowledge, he fails to discharge the burden cast upon him by section 106 of the evidence act. therefore, he would submit that in the absence of any effort on the part of the appellant to explain when he parted the company ..... fails to offer an explanation on the basis of facts within his special knowledge, he fails to discharge the burden cast upon him by section 106 of the evidence act. in a case resting on circumstantial evidence if the accused fails to offer a reasonable explanation in discharge of the burden placed on him ..... proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. in bhagat ram v. state of punjab, air (1954) sc 621), it was laid down that where the case depends upon the conclusion drawn from circumstances the cumulative ..... call the records in s.c. no.90/2010 on the file of session judge, yadgir, peruse the same allow the appeal and set aside the order of conviction and sentence of fine amount of rs.1,000/- under section 302 of indian penal code dated 16.7.2011 and acquit the appellant for .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2016
..... ' appeal for enhancement compensation against the judgment and award dated 05th september 2015 made in mvc no.1329/2014 on the file of the prl. senior civil judge and mact-v, vijayapura, ('mact' for short) awarding compensation of rs.9,20,000/- with interest at 9% per annum from the date of petition till realization. 2 ..... vs. kishore dan and others reported in (2013)7 scc 476 which reads thus: 32. admittedly, the date of birth of deceased sajjan singh being 1-2-1968; the submission that he would have continued in service up to 1-2-2026, if 58 years is the age of retirement or 1-2- 2028, if ..... view of the aforesaid reasons, the appeal is allowed in part. the judgment award dated 05th september 2015 made in m.v.c.no.1329/2014 on the file of the prl. senior civil judge and mact-v, vijayapura, is modified and the claimants are entitled to total compensation of rs.12,92,500/- as against rs.9, ..... parties and perused the entire material on record. 13. it is undisputed fact that the deceased shivaji, husband of 1st claimant, father of claimants 2 to 5 died in a road accident occurred on 17.05.2014 at 8.15 pm on account of rash and negligent driving of the driver of the goods pick ..... (prayer: this mfa filed under section 173 (1) of mv act, praying to call for records, to modify the judgment and award dated 05.09.2015 passed in mvc no. 1329/2014 on the file of the court of principal senior civil judge and motor accident claims tribunal no. v vijaypur at vijaypur and allow this appeal by enhancing the .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Sep-08-2016
..... hospital at about 1.00 am on 4 17.05.2011. the new town police registered case in crime no.94/2011 under sections 279, 338 and 304(a) of ipc read with section 187 of the m.v.act against the driver of the indica car owned by the 1st respondent. it was further contended that the deceased anitha was a ..... company ltd., 2nd floor, bellad company, hubli-580020. (by sri. subhash mallapur, advocate for r2, notice to r1 is dispensed with v/o dt.31-08-2016) ... respondents ***** this mfa is filed under section 173(1) of mv act, by the advocate for the appellants praying to call for the records and modify the impugned judgment and award dated 25.06.2012 ..... in (2013)7 scc476 wherein, at paragraphs 32 to 37, it is held as under:12. 32. admittedly, the date of birth of deceased sajjan singh being 1-2-1968; the submission that he would have continued in service up to 1-2- 2026, if 58 years is the age of retirement or 1-2- 2028, if 60 years ..... mutual services, sexual intercourse. all these things belongs to the married state. taken together they make up consortium. harvinder kaur vs. harmander singh choudhry, air1984del 66, 69, [hindu marriage act (25 of 1955), ss. 9, 13]. consortium connotes only the husband and the wife and the companionship, fellowship or togetherness of the husband and the wife. 18 farooque vs. ahmedabad ..... .2016, the claimants are not entitled for interest on the enhanced compensation for the delay period of 1102 days in filing the present appeal. ordered accordingly. kcm sd/- judge .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Nov-14-2016
..... 1 to r-3; r-4 is served but unrepresented, shri ameet kumar deshpande, advocate for r-5) this writ appeal is filed under section 4 of the karnataka high court act, praying to allow the appeal and set aside the order of learned single judge, dated 24.08.2016 passed in w.p.no.204024/2016 by allowing the writ appeal filed by ..... can ignore them and exercise its own discretion to either follow it or not. the full bench has kept in mind the purpose behind the constitution of the administrative reform committee by which state government intended to regulate the entire issue of transfer of government servants and address the evil associated with wa no.200488/2016 15 frequent and in-discriminate ..... the government guidelines contained in the government order makes it clear that sufficient room has been provided in the guidelines to displace persons whose records were not clean, against whom inquiry was initiated and such other similar grounds. therefore, no straight jacket formula has been provided under the guidelines laying absolute bar for transfer and enabling the government servants to hang ..... transfers. therefore, as long as, kcsrs do not provide any mechanism to regulate transfers of government servants, the state government was competent to frame rules in exercise of executive powers vested in it. therefore, the government order which provides an independent scheme regulating transfer of government servants which is not covered under the kcsr, is required to be examined independently .....
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