Court : Karnataka Kalaburagi
..... have gone home every day after parking the bus and returned the next morning, the efficiency of the timing of the bus service facility to the travelling public would definitely have been affected, dependent on the arrival of the deceased at the busstand from his ..... , advocate for r1 to r4; r2 to r4 are minors represented by r1 vide order dated 05.06.2017 notice to respondent no.5 is held sufficient) this mfa is filed under section 30(1) of the workmen s compensation act, 1923 praying to set aside the order dated 18.03.2010 passed by the commissioner for workmen s 4 compensation, gulbarga in w.c.no.94/2007, by allowing the appeal as prayed for.. ..... respondents (by sri manvednra reddy, advocate for r3; notice to respondents 1 and 2 served) this mfa crob is filed under section 30(1) of the workmen s compensation act, praying to allow the above cross appeal and modify the judgment and award dated 18.03.2010 passed by the commissioner for workmen s compensation, gulbarga in w.c.no.94/2007 and consequently be pleased to enhance ..... the facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this ..... r in the high court of karnataka kalaburagi bench dated this the12h day of november, 2020 before the hon ble mr.justice hanchate sanjeevkumar mfa crob no.1054/2011 c/w mfa no.31587/2010 (wc) in mfa crob ..... another reported in (1976) 1 supreme court .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... have gone home every day after parking the bus and returned the next morning, the efficiency of the timing of the bus service facility to the travelling public would definitely have been affected, dependent on the arrival of the deceased at the busstand from his ..... , advocate for r1 to r4; r2 to r4 are minors represented by r1 vide order dated 05.06.2017 notice to respondent no.5 is held sufficient) this mfa is filed under section 30(1) of the workmen s compensation act, 1923 praying to set aside the order dated 18.03.2010 passed by the commissioner for workmen s 4 compensation, gulbarga in w.c.no.94/2007, by allowing the appeal as prayed for.. ..... respondents (by sri manvednra reddy, advocate for r3; notice to respondents 1 and 2 served) this mfa crob is filed under section 30(1) of the workmen s compensation act, praying to allow the above cross appeal and modify the judgment and award dated 18.03.2010 passed by the commissioner for workmen s compensation, gulbarga in w.c.no.94/2007 and consequently be pleased to enhance ..... the facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this ..... r in the high court of karnataka kalaburagi bench dated this the12h day of november, 2020 before the hon ble mr.justice hanchate sanjeevkumar mfa crob no.1054/2011 c/w mfa no.31587/2010 (wc) in mfa crob ..... another reported in (1976) 1 supreme court .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 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, passed in wp wa no.200301/2017 2 no.200716/2017 dated 28.08.2017 consequently quash the endorsement vide no.fp g /p -2/ a / -3/3257/2016 dated 01.08.2016 which is at annexure-a issued by the respondent no.2 directing the appellant to extend the benefit of continuity of service of the appellant with all consequential benefits i.e. ..... hence, there was absolutely no justification for the north east karnataka road transport corporation to interpret the order wa no.200301/2017 8 passed by the learned single judge confirmed in appeal to read into the direction that continuity of service in the facts of the case could only be for the purpose of payment of pentionary and other terminal benefits and not for the purpose of fixing the notional ..... to approach this court in writ petition no.200716/2017 challenging the said endorsement and seeking a direction to the respondents herein to extend benefit of continuity of service with consequential benefits restoring his pay scale to rs.13,440/- from the month of october 2016 and to release annual increments. ..... at that stage, checking staff boarded the bus and that the said version of the workman and the driver, who testified to that effect remained unchallenged, as they were not cross-examined by the management. ..... this background, the nature of the relief granted to the employee has to be examined.9. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... khc-k:2735 wp no.205994 of 2014 making a recommendation to the government of india to include kuruba community as also part of scheduled tribe community and government of karnataka had also realized the factual aspects which are prevalent and peculiar to kalaburagi and got issued the government order on 02.09.1986 and sought for considering the case of the petitioner as an appointment in ..... issue a writ of mandamus directing respondents no.3 & 9 to reinstate the petitioner notionally into service, to the post held by the petitioner immediately before he was dismissed from service, and treat him as deemed to have been continued in service and retired on attaining the age of superannuation on 31.05.2018 and to provide all service benefits including arrears of salary, leave salary, promotions, pension benefits, gratuity, gpf, gis ..... the case of the petitioner was examined by the statutory appellate authority as per annexure-a and held against the petitioner by holding that he does not belong to gonda community, which is ..... khc-k:2735 wp no.205994 of 2014 in the high court of karnataka kalaburagi bench dated this the01t day of april, 2024 before the ..... the state of karnataka through principal secretary, department of health and family welfare, vikasa ..... delay in taking the action cannot be taken advantage by the petitioner inasmuch as if a fraud has been committed by a person at the inception and obtained benefit thereof, there cannot be any limitation to question the said fraudulent act .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... that the defect was of such a character so as to substantially affect the regularity and correctness of the probate proceedings; (e) it could include situations where probate was granted without complying with the provisions of the indian succession act or rules governing probate and administration matters, 1964 or any other law in force or without complying with any other legal requirement; (f) just cause is also deemed to exist if the probate has been obtained fraudulently by a party ..... . it is made clear that in the event proceedings in p & sc no.1/2001 are contested by anyone including 51 respondents herein, same shall be treated as a contentious suit as contemplated under section 295 of the act ; (vii) all rival contentions between all the parties including all the contentions of the appellant as well as the respondents are hereby kept open; (viii) all parties are at liberty to file such interlocutory applications in p & sc ..... i may hasten to add that in the facts of the instant case, i have only examined the provisions contained in sections 263(a), (b) and (c) r/w illustrations (i) to (v) and not the other provisions of section 263. ..... (iii) similarly, in the connected mfa no.2463/2000 filed by the state of karnataka, the respondents herein filed an application to come on record as the legal representatives of manohar prasad. ..... years, occ: private service r/o lohar galli, presently residing at bhanashankari layout, brmhapur locality, kalaburgi taluk and district. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... apex court has held that an unregistered unstamped sale deed cannot be looked into for collateral purposes and the apex court has given its deliberate consideration to section 35 of the stamp act and the effect of non-registration under section 49 and has given a deliberate consideration by holding that under law, when a sale deed is not properly stamped and registered it will ..... such clear and continuous possession must be accompanied by animus possidendi - the intention to possess or in other words, the intention to dispossess the rightful owner; in karnataka board of wakf (supra) it was observed- physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to ..... parma nand [(1945-46) 73 ia28: air1946pc51 their lordships of the privy council held that the words for any purpose in section 35 of the stamp act should be given their natural meaning and effect and would include a collateral purpose and that an unstamped partition deed cannot be used to corroborate the oral evidence for ..... 2011 hand the appellants claimed that the wife of the original defendant, appellant 1 herein, had title to the property in 1976 but on their failure to establish title, in the alternative, the plea of adverse possession should be recognised from the very ..... to substantiate his claim, the plaintiff examined himself as pw.1 and got marked documents ..... the other hand, defendant no.1 examined himself as dw.1 and got marked .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the witnesses have categorically deposed about the signing of the adoption deed by the adoptive mother in their presence and they have stood the test of cross- examination, nothing worthwhile could be elicited from the mouth of the witnesses to help the case of the defendant. ..... learned counsel appearing for the appellants- defendant would contend that in the absence of any material evidence of giving and taking ceremony as mandate under section 11 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the ha & m act, 1956 for the sake of convenience), the plaintiff has failed to prove the essential ingredients to validate the adoption. ..... on the other hand, defendant did not examine herself, however, on her behalf three witnesses were examined as dws.1 to 3 and got marked documents at exs.d-1 to d-13.15. ..... the plaintiff in order to substantiate his claim has examined his guardian as pw.1 and three witnesses as pws.2 to 4 and got marked documents at exs.p-1 to p-46. ..... khc-k:8105 rsa no.200036 of 2014 r in the high court of karnataka, kalaburagi bench dated this the10h day of october, 2023 before the hon'ble mrs justice k s hemalekha regular second appeal no.200036 of2014(dec) between: smt. ..... neelamma by rendering all the services of her, who had got love and affection towards him, she had approached to his natural parents basamma and suresh and requested them to give channaveera [plaintiff]. ..... years, occ: service in keb r/o. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... andhra pradesh tourist development corporation (aptdc, for short) has approached this court by way of the present writ petition aggrieved by the orders passed by the respondent taxation authorities of the transport department of the state of karnataka and for quashing of the order passed by the 2nd respondent deputy commissioner for transports dismissing its appeal no.29/2007 vide order dated 15.10.2009 and the impugned assessment orders passed by the assistant commissioner ..... 7 and in supersession of notification no.hd38tmt57 dated 15th may, 1958, hd38tst57dated 25th november, 1959, hd72tmt61dated 22.11.1962, hd38tmt71dated 2.11.1971 and hd118tmt79dated 25.7.2981 and ftd326tmt890dated 15:19.12.90, the government of karnataka hereby exempts on reciprocal basis, the tax payable under the said act in respect of motor vehicles belonging to the indian tourism development corporation or a state road transport corporation or tourist development corporation of union territory of pondicherry or any other state except the state of kerala and other ..... he also drew the attention of the court towards annexure r1 notification dated 20.12.1976 which was superceded by annexure r2 dated 31.3.1981 which, as discussed below, are of no relevance to the controversy involved in the present case. ..... after examining the records of the respondent relating to the case it has been held that merely because individual passengers are carried in the vehicles it cannot be taxed. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... padmanabha, advocate for r-3 ) this writ petition is filed under articles226and227of the constitution of india praying to issue a writ of certiorari for setting aside the order passed by the karnataka administrative tribunal, bengaluru in application no.4005 of2010dated2410.2019, which is at annexure b and consequently order for continuation of petitioner as assistant public prosecutor cum assistant government pleader as per the appointment3order issued to him ..... was captioned and reads thus: list of candidates and marks obtained in written examination and viva voce examination for the vacant posts of app-cum-agp in the department of prosecutions ..... that the appointment of the 3rd respondent is illegal as the justification given by the government in the list which is titled as the scheduled caste category selection list shows the written examination marks obtained by the 3rd respondent as 84.00 and viva voce marks as 3.40 and the total as 87.40 ..... the selection process and if at all, the authority has committed fraud, the 3rd respondent is not a perpetrator of that fraud and his appointment should not be disturbed as he has rendered close to ten years of service as app-cum-agp ..... 1 wlr1062observed: one must not, of course, construe even a reserved judgment of even russell, l.j.as if it were an act of parliament ..... , individual innocence, as claimed by the learned counsel for the 3rd respondent has no place as it is trite law that fraud unravels everything and vitiates every solemn act. 35 32 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... issued by the prescribed authority, or by an authorized testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this act and the rules made thereunder: provided that where the prescribed authority or the authorized testing station refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons ..... for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under chapter v shall be deemed to be suspended ..... (v) before passing any order on the insurance company to pay and recover, the court has to examine the facts and circumstances of each case and if it finds that the victim, injured or the deceased, in a particular case, was solely or jointly responsible for breach ..... 12 (2) the authorized testing station referred to in sub-section (1) means a vehicle service station or public or private garage which the state government, having regard to the experience, training and ability of the operator of such station or ..... r in the high court of karnataka kalaburagi bench dated this the06h day of november, 2020 before the hon ble mr.justice hanchate sanjeevkumar mfa crob no.200013/2018 (mv) c/w mfa no.201596/2016 .....
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