Court : Karnataka Kalaburagi
..... for reasons to be recorded, that instead of giving option to the authorities under the act, the said court 9 should proceed with the trial of the accused, without being moved by the competent authority under the act and the authorities under the act decide to the contrary, the conflict of jurisdiction shall be resolved by the central government under section 125(2) of the act and the decision as to the forum of trial by the central government in that ..... the option of proceeding with the court martial, it would still open for the criminal court, for the reasons to be recorded, to proceed with the trial instead of giving option to the authorities under the act which may raise a conflict requiring resolution but not if the learned magistrate accedes to the request. ..... appears to be sound logic to give the first option to the authorities under the act to decide whether the accused should be tried by the court-martial or the criminal court ..... premature at this stage since the respondents have not taken up such contention and further in the instant facts, the issue is only at the stage of exercising the option as 12 provided under section 124 of the act and the pending matter has been transferred to the court martial. ..... on the other hand if the authorities under the act opt to try the 7 accused by the court-martial , the criminal court shall direct delivery of the custody of the accused to the authorities under the act and to forward to the authorities a statement of the offence of which he .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... this appeal coming on for admission, this day the court delivered the following: judgment this miscellaneous first appeal is filed under section 173(1) of mv act, against the judgment and award dated 01.10.2010 passed in mvc no.372/2009 on the file of the i addl. ..... respondents this miscellaneous first appeal is filed under section 173(1) of mv act, against the judgment and award dated 01.10.2010 passed in mvc no.372/2009 on the file of the i addl. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... not applicable where the goods carriage vehicle is plying inter state or from one city to another city but those proviso is repugnant to section 147 of the m.v.act, where section 147 of the m.v.act stipulates covering risk of persons who are authorised representative of the goods carried in the vehicle then putting embargo by way of such second provision to rule 100 ..... insured such as driver, conductor, ticket collector and who are carried in the goods carriage, are also covered to the extent of the liability under the workmen's compensation act, 1923, the legislature never intended to provide for the liability of the insurer with respect to passengers in a goods carriage, especially gratuitous passengers who were neither ..... show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's act and is either more or unlimited depending upon the quantum of premium paid and the terms of the policy.14. the aforesaid interpretation of the relevant provisions applicable to the case ..... in the said road traffic accident which was occurred arising out of and in the course of employment, have filed claim petitions under section 10 of the employees compensation act before the learned commissioner, and the learned commissioner after receiving the evidences on record and considering the same has awarded compensation of rs.2,07,852/-, rs.1,89,935/-, rs.1,68,702/-, rs.1,69,845 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... not applicable where the goods carriage vehicle is plying inter state or from one city to another city but those proviso is repugnant to section 147 of the m.v.act, where section 147 of the m.v.act stipulates covering risk of persons who are authorised representative of the goods carried in the vehicle then putting embargo by way of such second provision to rule 100 ..... insured such as driver, conductor, ticket collector and who are carried in the goods carriage, are also covered to the extent of the liability under the workmen's compensation act, 1923, the legislature never intended to provide for the liability of the insurer with respect to passengers in a goods carriage, especially gratuitous passengers who were neither ..... show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's act and is either more or unlimited depending upon the quantum of premium paid and the terms of the policy.14. the aforesaid interpretation of the relevant provisions applicable to the case ..... in the said road traffic accident which was occurred arising out of and in the course of employment, have filed claim petitions under section 10 of the employees compensation act before the learned commissioner, and the learned commissioner after receiving the evidences on record and considering the same has awarded compensation of rs.2,07,852/-, rs.1,89,935/-, rs.1,68,702/-, rs.1,69,845 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... not applicable where the goods carriage vehicle is plying inter state or from one city to another city but those proviso is repugnant to section 147 of the m.v.act, where section 147 of the m.v.act stipulates covering risk of persons who are authorised representative of the goods carried in the vehicle then putting embargo by way of such second provision to rule 100 ..... insured such as driver, conductor, ticket collector and who are carried in the goods carriage, are also covered to the extent of the liability under the workmen's compensation act, 1923, the legislature never intended to provide for the liability of the insurer with respect to passengers in a goods carriage, especially gratuitous passengers who were neither ..... show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's act and is either more or unlimited depending upon the quantum of premium paid and the terms of the policy.14. the aforesaid interpretation of the relevant provisions applicable to the case ..... in the said road traffic accident which was occurred arising out of and in the course of employment, have filed claim petitions under section 10 of the employees compensation act before the learned commissioner, and the learned commissioner after receiving the evidences on record and considering the same has awarded compensation of rs.2,07,852/-, rs.1,89,935/-, rs.1,68,702/-, rs.1,69,845 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... not applicable where the goods carriage vehicle is plying inter state or from one city to another city but those proviso is repugnant to section 147 of the m.v.act, where section 147 of the m.v.act stipulates covering risk of persons who are authorised representative of the goods carried in the vehicle then putting embargo by way of such second provision to rule 100 ..... insured such as driver, conductor, ticket collector and who are carried in the goods carriage, are also covered to the extent of the liability under the workmen's compensation act, 1923, the legislature never intended to provide for the liability of the insurer with respect to passengers in a goods carriage, especially gratuitous passengers who were neither ..... show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's act and is either more or unlimited depending upon the quantum of premium paid and the terms of the policy.14. the aforesaid interpretation of the relevant provisions applicable to the case ..... in the said road traffic accident which was occurred arising out of and in the course of employment, have filed claim petitions under section 10 of the employees compensation act before the learned commissioner, and the learned commissioner after receiving the evidences on record and considering the same has awarded compensation of rs.2,07,852/-, rs.1,89,935/-, rs.1,68,702/-, rs.1,69,845 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... not applicable where the goods carriage vehicle is plying inter state or from one city to another city but those proviso is repugnant to section 147 of the m.v.act, where section 147 of the m.v.act stipulates covering risk of persons who are authorised representative of the goods carried in the vehicle then putting embargo by way of such second provision to rule 100 ..... insured such as driver, conductor, ticket collector and who are carried in the goods carriage, are also covered to the extent of the liability under the workmen's compensation act, 1923, the legislature never intended to provide for the liability of the insurer with respect to passengers in a goods carriage, especially gratuitous passengers who were neither ..... show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's act and is either more or unlimited depending upon the quantum of premium paid and the terms of the policy.14. the aforesaid interpretation of the relevant provisions applicable to the case ..... in the said road traffic accident which was occurred arising out of and in the course of employment, have filed claim petitions under section 10 of the employees compensation act before the learned commissioner, and the learned commissioner after receiving the evidences on record and considering the same has awarded compensation of rs.2,07,852/-, rs.1,89,935/-, rs.1,68,702/-, rs.1,69,845 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... has supported the judgment of conviction and sentence on the ground of substantial compliance of mandatory provisions of section 42 and 50 of ndps act has been done and that there is no reason to disbelieve 7 the version of the officer who conducted the raid and the other official ..... this court by the learned hcgp is that there is substantial compliance of the provisions of section 42(1) and (2) of ndps act since the in charge deputy commissioner of excise, gulbarga, had concurrently held charge and was present at the time of the search ..... normally the officer conducting raid under the ndps act should obtain a search warrant from the jurisdictional judge to conduct a raid/search and the second proviso to section 42(1) of the act enables the officer conducting raid to enter the premises and conduct search ..... have to see whether section 42 of the act has been strictly complied with in the present ..... the twin purpose of the provisions of section 42 of the act, according to the hon ble apex court in the case of ..... the mandatory provisions of section 42 of the act have a great effect on the case on ..... learned hcgp is that the information given by pw-1 to pw-6 is substantial compliance of section 42 of the act since pw-6 was the immediate official superior of pw-1. ..... but sub- section (2) of section 42 of the act mandates that when an officer takes down information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy two hours send a .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... (a) to any transport vehicle owned by the central government or a state government and used for government purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used ..... four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres; *** (31) permit means a permit issued by a state or regional transport authority or an authority prescribed in this behalf under this act authorising the use of a motor vehicle as a transport vehicle; on a perusal of both the definitions, it is quite clear that a permit has to be issued by the competent authority under the ..... sangeeta bhadrashetty, advocate for 3; notice to r1 & r2 is dispensed with v/o dated 28.01.2015) this mfa is filed under section 173(1) of mv.act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment and award dated 17.09.2013 passed by the member motor accident claims tribunal and ii adj at raichur in ..... it is necessary to mention here that a proviso has been added by act 54 of 1994 with effect from 14-11-1994 allowing the holder of a permit of any articulated vehicle to use the prime- mover of that articulated vehicle for any mfa no.32864/2013 c/w mfa no. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... (a) to any transport vehicle owned by the central government or a state government and used for government purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used ..... four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres; *** (31) permit means a permit issued by a state or regional transport authority or an authority prescribed in this behalf under this act authorising the use of a motor vehicle as a transport vehicle; on a perusal of both the definitions, it is quite clear that a permit has to be issued by the competent authority under the ..... sangeeta bhadrashetty, advocate for 3; notice to r1 & r2 is dispensed with v/o dated 28.01.2015) this mfa is filed under section 173(1) of mv.act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment and award dated 17.09.2013 passed by the member motor accident claims tribunal and ii adj at raichur in ..... it is necessary to mention here that a proviso has been added by act 54 of 1994 with effect from 14-11-1994 allowing the holder of a permit of any articulated vehicle to use the prime- mover of that articulated vehicle for any mfa no.32864/2013 c/w mfa no. .....
Tag this Judgment!