Court : Karnataka
..... documents, the learned trial court has rightly considered the evidence placed on record and decided the relationship within the parameters of section 50 of the indian evidence act, 1872. therefore, this appeal fails and is liable to be dismissed.50. accordingly, the aforesaid points are answered against the appellants and in favour of respondent ..... regarding the existence of a fact may thus be founded on a balance of probabilities. a prudent man faced with conflicting probabilities concerning a fact-situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence of the particular ..... is a cumulation of perception testimonies heard and gathered and reduced to an assertion to court, is not admissible, but, under s. 50 of the indian evidence act, the opinion or belief of a person specially competent in this respect, as expressed by his conduct in outward behaviour, is relevant. it is this conduct, .....
Tag this Judgment!Court : Karnataka Dharwad
..... however, without any back wages. while it is true that the doctrine enunciated in soloman vs. soloman (1897 appeal cases page22) came to be recognised in the corporate jurisprudence but its applicability in the present context cannot be doubted, since the law court invariably has to rise up to the occasion to do justice between the parties ..... commercial, agricultural or otherwise. (2) [save as otherwise provided in 6 [sections 5a and 5b]., nothing contained in this act]. shall apply to any factory or other establishment to which the provisions of the employees state insurance act, 1948 (34 of 1948), apply for the time being.13. the aforesaid provisions read in the light of the official memorandum ..... . the primary impact of socialism as a matter of fact is to offer and provide security of life so that the citizens of the country may have two square meals a day, and maintenance of a minimum standard of life, it is expected, would lead to the abridgment of the gap between the have-s and have .....
Tag this Judgment!Court : Supreme Court of India
..... in the coal commission in return for compensation. these interests (including coal-mining leases) were vested subsequently in the national coal board, then in the british coal corporation, and finally, (following the privatization of coal industry) in the coal authority. that body has extensive powers to license coal-mining operations. ]. 306 s ..... government is required to raise revenues not only to meet the above- mentioned objectives, but also to fund public sector undertakings, such as mineral exploration corporation of india. additionally, mining activities cannot be carried out without the existence of public order or the lack of a functioning legal system to ensure adherence ..... respect of minerals extracted till 04.04.1991, on which the cess was collectable. it was observed that object of the validation act was only to confer the life to void statutes by fictional re-enactment and granting legislative competence for limited purpose so that the state would not be called upon .....
Tag this Judgment!Court : Supreme Court of India
..... (d) intangible assets including but not limited to intellectual property, securities (including shares held in a subsidiary of the corporate debtor) and financial instruments, civil appeal no.4565 of 2021 page 33 of 42 insurance policies, contractual rights; (e) assets subject to the determination of ownership by the court or authority; (f) ..... 81, paras 1-6) 1. the appellant had, after respondent 4's management was taken over by u.p. state textile corporation ltd. (respondent3) under the industries (development and regulation) act, advanced some money to the said respondent 4. in respect of the advance so made, respondents 1, 2 and 3 executed deeds ..... both or any of them. the creditor can proceed against the guarantor first without exhausting its remedies against the principal borrower. chapter viii of the contract act contains provisions regarding indemnity and guarantee. section 126 is relevant for our purposes, which reads thus: 126. contract of guarantee , surety , principal debtor .....
Tag this Judgment!Court : Supreme Court of India
..... companies, consisting of: (i) m/s sai prasad properties ltd. (hereinafter, sppl ); (ii) m/s sai prasad foods ltd. (hereinafter, spfl ); (iii) m/s sai prasad corporation ltd. (hereinafter, spcl ); and (iv) m/s shree sai space creations ltd. (hereinafter, ssscl ). (b) the security and exchange board of india (hereinafter, sebi ) received a ..... rajhara, district balod, state of chhattisgarh, against the petitioners under sections 3, 4, and 5 of the prize chits and money circulation scheme (banning) act, 1978 (hereinafter, prize chits act ). it appears that the petitioners were arrested in that case on 27.01.2016. (i) thereafter, a series of firs were registered in the ..... bank account statements indicating the refunds to investors, and replies from the investors acknowledging such refunds. in addition, proceedings under chapter vi-a of the sebi act, 1992 were also initiated, and an adjudicating officer was appointed to inquire into the violations. (g) it may not be necessary to refer to the .....
Tag this Judgment!Court : Supreme Court of India
..... recourse lies exclusively under the 1986 act. in addition, it is submitted that the 1986 act being a special law, prevails over the provisions of crpc1973 to buttress his contentions, reliance is placed on a decision rendered by a 3-judge bench in m/s. jain ink manufacturing company v. life insurance corporation of india and another (1980 ..... households.44. while the contributions of such a homemaker get judicial recognition upon her unfortunate death while computing compensation in cases under the motor vehicles act, 1988 vide kirti vs. oriental insurance co. ltd., (2021) 2 scc166 the services and sacrifices of homemakers for the economic well- being of the family, and the economy of ..... s enactment cannot be construed to intend unjust consequences according to this court. this is because under the provision of 1986 act if during iddat period, no provision is made for the entire life of the divorced wife or if the same is inadequate particularly with the passage of time then section 125 of the .....
Tag this Judgment!Court : Supreme Court of India
..... without anything more. an action is bad even without proof of motive of dishonesty, if the authority is found to have acted contrary to reason. [see: mahesh chandra v. regional manager, u.p. financial corporation & ors : (1993) 2 scc279 ii. whether the additional commissioner, konkan division, maharashtra had the jurisdiction to decide the ..... accountability would give immunity or carte blanche power to deal with the public property or of the debtor at whim or vagary. whether the public authority acted bona fide would be gauged from the impugned action and attending circumstances. the authority should justify the action assailed on the touchstone of justness, fairness, ..... under article 226 of the constitution of india, whereas the civil courts exercise their jurisdiction in terms of the provisions of the respective state civil courts acts read with section 9 of the cpc. the high court exercises constitutional function, the civil court exercises a statutory function. the high court exercises a .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the deceased as on the date of accident was 36 years. relying the judgment of the hon'ble supreme court in the case of sarla verma v. delhi transport corporation ltd. and another reported in (2009)6 scc121 the tribunal has rightly applied the multiplier 15 and after deducting one-third - 16 - nc:2024. khc-d:8254 ..... exhibit p18-last pay certificate reveals that the deceased has paid an amount of rs.2,448/- per month towards postal insurance which comes to rs.29,376/- which is exempted from tax under section 80c of income tax act, 1961. hence, the gross salary of the petitioner would be less than rs.2,50,176/- after deducting the ..... to perform the household tasks previously managed by his wife, incurring a monthly cost of rs.10,000/-. moreover, he has lost his companion for the rest of his life. he testified that his future happiness, love, and loss of companionship cannot be compensated in any way. he has suffered irreparable loss and significant inconvenience. in conclusion, compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the deceased as on the date of accident was 36 years. relying the judgment of the hon'ble supreme court in the case of sarla verma v. delhi transport corporation ltd. and another reported in (2009)6 scc121 the tribunal has rightly applied the multiplier 15 and after deducting one-third - 16 - nc:2024. khc-d:8254 ..... exhibit p18-last pay certificate reveals that the deceased has paid an amount of rs.2,448/- per month towards postal insurance which comes to rs.29,376/- which is exempted from tax under section 80c of income tax act, 1961. hence, the gross salary of the petitioner would be less than rs.2,50,176/- after deducting the ..... to perform the household tasks previously managed by his wife, incurring a monthly cost of rs.10,000/-. moreover, he has lost his companion for the rest of his life. he testified that his future happiness, love, and loss of companionship cannot be compensated in any way. he has suffered irreparable loss and significant inconvenience. in conclusion, compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... the relevant applicable multiplier is 15 as per smt. sarla verma & others vs. delhi transport corporation & anr.131. the tribunal has not considered future prospects of the deceased as per the decision of the hon ble apex court in national insurance co. ltd., vs. pranay sethi and others2 1 air2009sc31042 air2017sc5157- 25 - nc:2024. khc ..... paid a sum of rs.50,000/- as ex-gratia payment immediately after the accident. it was an act of grace. therefore, it should not have been deducted from compensation awarded to claimants. similarly, the insurance company should not have been directed to pay the same to ksrtc.5. shri nagaraj, learned counsel for the ..... to determine whether the accident occurred due to the driver's negligence. the actionable negligence of the driver alone is adequate to establish the rash and negligent act committed. hence, arguments raised on behalf of the appellant in this matter cannot be upheld.19. after considering the evidence presented by both parties, the tribunal .....
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