Court : Karnataka Gulbarga
..... and special type of vehicles form 51 of the central motor vehicles rules 1989 policy number:60260. /47/03/6300192 certificate no:60260. /47/03/6300192 farmers package insurance development officer/agent:60260. /90091097 insured s name : sri. shantappa p. kamat address : a/p itagi, tq: b.bagewadi dist: bijapur, insurer code:60260. email: ..... in so far as the 16 judgments relied upon by the learned counsel for the appellant is concerned, the counsel would seek to contend that they are authorities for the cases decided therein and on facts and circumstances, there is a clear distinction in the circumstances pertaining in those cases and hence cannot be applied ..... that the tractor was apparently being used as a passenger vehicle. and though under section 66 of the mv act, such vehicles can be used for carrying persons, provided there was prior permission obtained from the competent authority, but and no such permission having been obtained, the tractor trailer could not be used to ferry such .....
Tag this Judgment!Court : Karnataka Gulbarga
..... and special type of vehicles form 51 of the central motor vehicles rules 1989 policy number:60260. /47/03/6300192 certificate no:60260. /47/03/6300192 farmers package insurance development officer/agent:60260. /90091097 insured s name : sri. shantappa p. kamat address : a/p itagi, tq: b.bagewadi dist: bijapur, insurer code:60260. email: ..... in so far as the 16 judgments relied upon by the learned counsel for the appellant is concerned, the counsel would seek to contend that they are authorities for the cases decided therein and on facts and circumstances, there is a clear distinction in the circumstances pertaining in those cases and hence cannot be applied ..... that the tractor was apparently being used as a passenger vehicle. and though under section 66 of the mv act, such vehicles can be used for carrying persons, provided there was prior permission obtained from the competent authority, but and no such permission having been obtained, the tractor trailer could not be used to ferry such .....
Tag this Judgment!Court : Karnataka Gulbarga
..... miscellaneous and special type of vehicles form 51 of the central motor vehicles rules 1989policy number: 602601/47/03/6300192 certificate no: 602601/47/03/6300192 farmers package insurance development officer/agent: 602601/90091097 insured's name : sri. shantappa p. kamat insurer code: 602601 email: [email protected] address : a/p itagi, tq: b. ..... in so far as the judgments relied upon by the learned counsel for the appellant is concerned, the counsel would seek to contend that they are authorities for the cases decided therein and on facts and circumstances, there is a clear distinction in the circumstances pertaining in those cases and hence cannot be applied ..... that the tractor was apparently being used as a passenger vehicle. and though under section 66 of the mv act, such vehicles can be used for carrying persons, provided there was prior permission obtained from the competent authority, but and no such permission having been obtained, the tractor trailer could not be used to ferry such .....
Tag this Judgment!Court : Karnataka Gulbarga
..... odd size nos. 19, 20 and 103 and 4 plots are measuring 30'x 40' nos. 43, 44, 45 and 46 in the approved layout by the gulbarga development authority. in pursuance of the settlement the concerned party has agreed to withdraw the cases pending before the civil court, gulbarga and has also agreed to forego his right over ..... as an owner of the land and therefore, allowed him to "retain" 14 plots. (j) the corporation, thereafter approached the government as required under section 98 of the act seeking its approval to the resolution. the government approved the said resolution vide its order dated 6.12.2000. the true translation, placed on record by the petitioners, of ..... the constitution, should be one, who has a personal or individual right in the subject matter of the petition or who has been prejudicially affected by an act or omission of an authority. in the present case, the first order of the government dated 6.12.2000 was passed on the basis of misleading facts and therefore, the government .....
Tag this Judgment!Court : Karnataka Gulbarga
..... m.c. joshi, state of m.p. v. lalit kumar verma, m.p. admn v. tribhuban, sitaram v. moti lal nehru farmers training institute, jaipur development authority v. ramsaha, gda v. ashok kumar and mahboob deepak v. nagar panchayat, gajraula and stated as follows: 7. it is true that the earlier view of this ..... existence of the industrial dispute is a jurisdictional fact. absence of such jurisdictional fact results in the invalidation of the reference. for example, even under the income tax act, 1961 as it stood earlier, the income tax officer must have reason to believe escapement of income. this reason to believe is a jurisdictional fact, therefore, ..... from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute and the labour court shall dispose of such application .....
Tag this Judgment!Court : Karnataka Gulbarga
..... issued by fourth respondent herein, petitioner is appointed for the post of anganwadi worker of uppar nandihal village. it is seen that vide annexure- "k", the child development authority has cancelled the appointment of petitioner and appointed third respondent to said post based on the order of fourth respondent, which is produced today as r-1 and ..... the respondents had to state, is the reason for not paying the compensation to the petitioner inspite of the award made under the provisions of the land acquisition act. in case there was a proper reason for the non-payment, which had to be explained by filing a statement of objections, the respondents could have instructed ..... rules, etc.- the provisions of the high court of karnataka rules, 1959, the rules made by the high court of karnataka under the karnataka court fees and suits valuation act, 1958, and the provisions of the code of civil procedure, 1908, shall apply, as far as may be, to proceedings under (article 226 and/or article 227 .....
Tag this Judgment!Court : Karnataka Gulbarga
..... a two wheeler. it is not in dispute between the parties and as asserted by the learned counsel for the insurance company that the insurance regulatory and development authority (irda) prescribes the india motor tariff through the tariff advisory 17 committee pertaining to motor insurance in india and the policies issued by insurance companies insuring motor ..... policy. this would make the contract uncertain and vague and could not have been referred to and relied upon. in terms of section 29 of the indian contract act, 1872, the contract would be void for uncertainty. therefore, the claim sought to be enforced with reference to the said package policy would not be tenable. ..... basavana-bagewadi district: bijapur. respondents2(sri harshavardhan r. malipatil, advocate for c/r1) this miscellaneous first appeal is filed under section 173 (1) of motor vehicles act, 1988 against the judgement and award dated 26.09.2008 passed in mvc no.85/2006 on the file of the civil judge (sr.dn) and member, motor .....
Tag this Judgment!Court : Karnataka Gulbarga
..... the insurance company was liable, was only on account of the further circumstance that there was neither pleading or proof as regards the permit issued by the transport authority. the following observation in ashok gangadhar's case was cited : "11. to reiterate, since a vehicle cannot be used as transport vehicle on a public ..... are left to their remedy against the owner of the offending vehicle. incidentally, an argument canvassed by the learned counsel for the respondent - claimants that the motor vehicles (amendment) act, 1994, while amending sub-section (2) of section 10, has sought to substitute clause "(e) transport vehicle", for clauses (e) to (h) - ((e) medium ..... licence to drive a light motor vehicle was entitled to drive a transport vehicle, without an endorsement to that effect as required under section 3 of the my act and answered the same in the negative. in arriving at that conclusion, the following judgments were considered and discussed. 1. national insurance company v. kusum .....
Tag this Judgment!Court : Karnataka Gulbarga
..... a two wheeler. it is not in dispute between the parties and as asserted by the learned counsel for the insurance company that the insurance regulatory and development authority (irda) prescribes the india motor tariff through the tariff advisory committee pertaining to motor insurance in india and the policies issued by insurance companies insuring motor vehicles ..... . this would make the contract uncertain and vague and could not have been referred to and relied upon. in terms of section 29 of the indian contract act, 1872, the contract would be void for uncertainty. therefore, the claim sought to be enforced with reference to the said package policy would not be tenable. ..... provision of law and on such remand, the high court has modified its earlier judgment restricting the compensation to a sum payable under section 140 of the mv act. therefore, the question whether a person who has borrowed the insured's vehicle, could claim compensation as a result of an accident to the vehicle when .....
Tag this Judgment!Court : Karnataka Gulbarga
..... under any of these provisions for the period anterior to section 4(1) notification. if such an award is passed it is de hors the act. in other words, it is one without the authority of law, one without jurisdiction and therefore, that portion of the award passed by the land acquisition officer is void, non est and unenforceable ..... the notification under section 4(1) it would not be in accordance with sections 16 or 17 and will be without any authority of law and consequently cannot be recognised for the purposes of the act. for the parity of reasons the words from the date on which he took possession of the land occurring in section ..... a new type of litigation has commenced. writ petitions are filed before this court seeking a writ of mandamus directing the authorities to initiate acquisition proceedings and pay compensation under the provisions of the land acquisition act, 1894. the case pleaded is right to property is constitutional right. the lands are taken away for information of roads, .....
Tag this Judgment!