Court : Karnataka Dharwad
..... for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. therefore, since the petitioners 6 were armed with an alternative remedy of redressal, the petitioners firstly having chosen to approach the consumer ..... respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the 8 railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding ..... petition seeking redressal of their grievance. it is reiterated that only after the cargo was despatched and had reached its destination that the respondents have raised a claim that the concession offered was no longer valid and that it was by mistake of fact that the goods had been accepted for delivery and that unless .....
Tag this Judgment!Court : Karnataka Dharwad
..... for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. therefore, since the petitioners were armed with an alternative remedy of redressal, the petitioners firstly having chosen to approach the consumer ..... and respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding ..... also addressed. therefore, it would meet the ends of justice if the amount now withdrawn by the respondents is taken as full and final settlement of their claim. accordingly, the petition is allowed in part and stands disposed of in terms as above. the impugned demand is quashed. the petitioners were required to furnish .....
Tag this Judgment!Court : Karnataka Dharwad
..... case involving quashment of government order made under rule 14a, the matter almost invariably goes back to the stage of section 12(3) of the 1984 act, unless the tribunal/court expressly says otherwise, and therefore, such cases need to be treated as of remand. it is highly desirable that the quashment orders, whatever be ..... articles226and227of the constitution of india, praying to issue a writ in the nature of certiorari and quash the order dated0712.2021 passed by the karnataka state administrative tribunal, belagavi in application no.5116/2018 produced at annexure- a, in the interest of justice and equity. this petition, coming on for preliminary hearing in group ..... answer to the issue of locus standii depends upon facts and circumstances of each case. we do not propose to illustrate in what all circumstances lokayukta can gainfully claim locus standii. such an exercise, if undertaken, would only produce a plethora of obiter dicta, the said circumstances - 11 - nc:2024. khc-d:12677- .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... issued. however, the policy could not be effected, as the cheque issued towards the premium was dishonoured. hence, they sought for dismissal of the claim petitions against them.6. the tribunal recorded the evidence of the parties. in mvc no.2343/2011, claimant no.1 examined herself as pw-1 and examined two other witnesses as pw2 ..... mfa no.101563 of 2017 c/w mfa no.101909 of 2016 mfa no.101910 of 2016 & 12 others injured have filed the aforesaid claim petitions under section 166 of the motor vehicles act, 1988 seeking compensation for the accidental death of one sri. shrikant joshi, and others who were injured in a road accident dated 10. ..... where meager compensation is awarded. we undertake this exercise with an intention to award just and fair compensation to the injured claimants, which is an object of the mv act 1988. we are also conscious of the fact that the injured claimants have not preferred any appeal seeking enhancement of the compensation, even though the amount of compensation .....
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