Court : Karnataka Dharwad
Decided on : Jul-07-2023
..... . (ii) mfa no.103558/2019 is allowed in part. (iii) the impugned judgment and award dated 17.06.2019 passed by the addl. mact and senior civil judge, khanapur in mvc no.826/2016 is modified. the appellant/ claimants in m.f.a. no.103558/2019 are entitled for total compensation of rs.45,10,000/- ..... r6 are served) this miscellaneous first appeal is filed under section173(1) of the motor vehicle act, praying to set aside the judgment and award dated1706.2019 passed in the court of the before additional motor4accident claims tribunal and senior civil judge khanapur at khanapur in mvc no.826/2016. by exonorating the appellant insurance company from the full ..... r1 and r2 served) this miscellaneous first appeal is filed under section173(1) of the motor vehicle act, praying to set aside the judgment and award dated1706.2019 in mvc8262016 passed by the addl. motor accident claims tribunal and senior civil judge, kolhapur, by allowing this appeal with cost in the ends of justice and equity. in mfa no .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-03-2023
..... situation, the ingredients of section 504 are satisfied. one of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself ..... order to constitute offence of criminal intimidation, there must be threat with intention to cause alarm to the complainant or to do any act which is not legally bound to do. mere expression of any words without any intention to cause alarm to the complainant or to ..... the person threatened is interested, is within this section. a reading of the definition of criminal intimidation would indicate that there must be an act of threatening to another person, of causing an injury to the person, reputation, or property of the person threatened, or to the ..... disposal of the petition, pending interlocutory applications, if any, do not survive and accordingly, they are dismissed. sd/- judge kvk list no.:1. sl no.:4. .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Oct-13-2023
..... any action against the accused persons. therefore, he filed a private complaint for taking legal action against the accused persons.6. hence, learned i additional civil judge and jmfc-ii, bidar referred the matter to jurisdictional police under section 156 (3) of cr.p.c. for investigation and report. based on referral complaint ..... i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. it is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. it is contended that, the ..... wp no.200839 of 2023 bengaluru and regional conference public charitable trust are non-profitable organizations and the affairs are governed by the societies registration act and indian trust act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. further, the .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Oct-13-2023
..... any action against the accused persons. therefore, he filed a private complaint for taking legal action against the accused persons.6. hence, learned i additional civil judge and jmfc-ii, bidar referred the matter to jurisdictional police under section 156 (3) of cr.p.c. for investigation and report. based on referral complaint ..... i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. it is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. it is contended that, the ..... wp no.200839 of 2023 bengaluru and regional conference public charitable trust are non-profitable organizations and the affairs are governed by the societies registration act and indian trust act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. further, the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2023
..... as well as interest thereon to the third party subject to limitation prescribed in the insurance policy. but under the employee s compensation act, there is no stipulation compulsorily covering the risk of the employees. therefore, it is option on part of the employer to enter into ..... may be specified by the central government by notification in the official gazette, on the amount due; and20. therefore, under employee s compensation act, 1923, it is obligation on the part of the insured/employer to pay the quantum of amount determined, interest and penalty thereon. but ..... is pure contract of insurance and not statutorily compulsory coverage insurance.18. in the case of issuance of insurance policy under the motor vehicles act, is different which is mandatorily to be purchased by the owner covering the risk, atleast so far as third party is concerned. ..... order passed by this court forthwith without any delay. iv. no order as to costs. sd/- judge jj para 1 to 19/ka para 20 to 26/bnv ct: abs .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2023
..... as well as interest thereon to the third party subject to limitation prescribed in the insurance policy. but under the employee s compensation act, there is no stipulation compulsorily covering the risk of the employees. therefore, it is option on part of the employer to enter into ..... may be specified by the central government by notification in the official gazette, on the amount due; and20. therefore, under employee s compensation act, 1923, it is obligation on the part of the insured/employer to pay the quantum of amount determined, interest and penalty thereon. but ..... is pure contract of insurance and not statutorily compulsory coverage insurance.18. in the case of issuance of insurance policy under the motor vehicles act, is different which is mandatorily to be purchased by the owner covering the risk, atleast so far as third party is concerned. ..... order passed by this court forthwith without any delay. iv. no order as to costs. sd/- judge jj para 1 to 19/ka para 20 to 26/bnv ct: abs .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-24-2023
..... to pass the following order i. the appeal is allowed. ii. the impugned judgment and award dated 28.09.2011 in mvc.no.54/2010 passed by the senior civil judge & chief judicial magistrate and 12th addl. mact, bhadravathi, is set aside.-. 9 - nc:2023. khc:26267 mfa no.3463 of 2012 iii. no order as to costs. iv. ..... : judgment the present appeal is filed by the appellant- insurance company challenging the judgment and award dated 28.09.2011 in mvc.no.54/2010 passed by the senior civil judge & chief judicial magistrate and 12th addl. mact, bhadravathi, on the ground that the owner has filed the claim petition against himself, just because, there is a contract of ..... on the same pedestal.-. 7 - nc:2023. khc:26267 mfa no.3463 of 2012 10. section 170 of the motor vehicle act stipulates as follows: 170. impleading insurer in certain cases. where in the course of any inquiry, the claims tribunal is satisfied that (a) there is collusion between the person making the claim and the person against whom the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2023
..... v/o dated2211.2022 r2 is treated as lrs of deceased r1) this mfa is filed u/s1731) of mv act against the judgment and award dated31.03.2015 passed in mvc no.296/2014 on the file of the3d additional, senior civil judge and7h mact, davangere, awarding the compensation of rs.6,76,000/- with interest at6 p.a., from the date ..... .4498 of 2015 mfa no.4499 of 2015 mfa no.4503 of 2015 this mfa is filed u/s1731) of mv act against the judgment and award dated3103.2015 passed in mvc no.299/2014 on the file of the3d additional senior civil judge and7h mact, davangere, awarding the compensation of rs.2,25,000/- with interest at6 p.a. from the date ..... /o dated2211/2022 r2 is treated as lr s of deceased r1) this mfa is filed u/s1731) of mv act against the judgment and award dated31.03.2015 passed in mvc no.297/2014 on the file of the iii additional senior civil judge and vii mact, davangere, awarding compensation of rs.2,25,000/- with interest @ 6% p.a from the .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... to continue, the underlying principle being the higher standard of proof in criminal cases. 39. in our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the ..... to continue, the underlying principle being the higher standard of proof in criminal cases.39. in our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in ..... the lokayukta police implicated the applicant in the criminal case as well as departmental inquiry. without examining this aspect of the matter, the karnataka lokayukta gave report under section 12(3) of the lokayukta act to the government recommending initiation of inquiry. so also the government without examining the material on record and solely accepting .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-2023
..... issue was taken up by the cmda by letter dated 22.03.1981, government issued goms dated 08.10.1982. the learned judge has found that the government exercised power under section 32 of the act. what we are indicating is that the reservation of the land for communal or recreational purposes in individual cases, on the basis ..... notice or hearing, no one can insist upon it and it is not permissible to read natural justice into such legislative activity. moreover, a provision for such inquiry as it may consider necessary by a subordinate legislating body is generally an enabling provision to facilitate the subordinate legislating body to obtain relevant information from any source and ..... v. board of ed. of township high school dist. 205, will cty., 391 u.s. 563, 568, 88 s.ct. 1731, 1734, 20 l.ed.2d 811 (1968). petitioner contends that the city has forced her to choose between the building permit and her right under the fifth amendment to just compensation for the public easements. petitioner does .....
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