Court : Karnataka Kalaburagi
..... laid down that there should not be back door entry and every post should be filled by regular employment, but a new device has been adopted for making appointment on payment of paltry system on contract/ad hoc basis or otherwise. ..... except the vague submission that such schemes were framed only to make backdoor entries, there is no material placed on record to buttress such submission. ..... the prime intendment of the decision was 20 that the employment process should be by fair means and not by back door entry and in the available pay scale. ..... can be permitted to be flouted, whereas, this court has interdicted such employment way back in the year 2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... however, as aforesaid, the will having distinguishable feature than the other documents, section 65 of the act permitting the secondary evidence inasmuch as the certified copies of the will cannot stand on the same footing as the other documents. ..... the registered will on the basis of which entries were mutated, is fake and set up by the petitioner to deny the rights of the plaintiff in the suit properties. ..... it is well settled law that the entries made in the revenue records would not confer any title and right to the parties. ..... section 65 of the act contemplates/permits the petitioner to produce the certified copy of the will as secondary evidence, in the absence of primary evidence. ..... only after the non-production of the primary evidence is satisfactorily explained the secondary evidence would be permitted to be adduced. ..... any entry mutated in the revenue register also would not come to the assistance of the petitioner herein unless the original will is produced before the court.14. ..... apprehending the same, petitioner is avoiding to place the original will before the court and has filed application to lead secondary evidence which cannot be permitted. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the least; if this, in the given circumstances is recognised as a justification, a husband may contract two more marriages as well seeking shelter under sheriat; this apart, the appellant has failed to establish his contention that the entry of the second lady to the existing matrimony is with the prior consent of the respondent-wife; it is a matter of common knowledge that, women regardless of their religion and socio-economic conditions, detest their 7 husbands contracting a second ..... of conjugal rights inter alia contending that he had always loved the respondent; he contracted the second marriage only because of the irresistible pressure mounted by his parents who are quite powerful & politically influential; sheriat permits a 4 mohammaden to contract plural wives and such a conduct per se does not amount to cruelty, nor constitute a ground for opposing restitution of conjugal rights. ..... (c) the plea of the appellant-husband that the sheriat permits a muslim to contract in marriage plural wives, may be legally true; in fact, mulla s principles of mohammaden law, 22nd edn. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in the very said judgment of the constitution bench of the hon ble kerla high court with reference to 21 the infraction regarding permit after following from the decisions of the hon ble apex court were pleased to observe that violation on the ground of non holding of permit is an infraction and defence is available to the insurer, however pay and recovery can be made and the relevant paragraphs 19 and 22, which ..... 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 until a new certificate of fitness has been obtained:1. ..... been declared that, the use of a transport vehicle in a public place without permit is a fundamental/statutory infraction and the principles laid down in swaran singh's case ..... legal representatives of the deceased passengers, who met with the accident on 09.05.1992, while travelling in an autorikshaw, were sought to be resisted by the insured, contending that there was no valid permit to ply the vehicle and hence, in terms of the policy, the insurer had no liability. ..... no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in the very said judgment of the constitution bench of the hon ble kerla high court with reference to 21 the infraction regarding permit after following from the decisions of the hon ble apex court were pleased to observe that violation on the ground of non holding of permit is an infraction and defence is available to the insurer, however pay and recovery can be made and the relevant paragraphs 19 and 22, which ..... 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 until a new certificate of fitness has been obtained:1. ..... been declared that, the use of a transport vehicle in a public place without permit is a fundamental/statutory infraction and the principles laid down in swaran singh's case ..... legal representatives of the deceased passengers, who met with the accident on 09.05.1992, while travelling in an autorikshaw, were sought to be resisted by the insured, contending that there was no valid permit to ply the vehicle and hence, in terms of the policy, the insurer had no liability. ..... no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... adapted for use only in a factory or in any other enclosed premises or a vehicle having less than 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 ..... insurance company that it should be absolved of payment of compensation in view of violation of policy conditions by the owner of the vehicle as the vehicle did not have a permit to ply on the road though requires to be accepted, but that will not amount to denial of compensation to the claimants from the hands of the insurance company, but with ..... of the case, we deem it appropriate to grant liberty to the second respondent - owner to submit his defence insofar as existence of and subsistence of the permit as on the date of the accident, as and when proceedings are instituted by the insurance company mfa no.32864/2013 c/w mfa no.200431/2014 27 for recovery ..... mfa no.200431/2014 25 for hire or reward, where the vehicle is, on the date of the contract of insurance, a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motorcycle. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... adapted for use only in a factory or in any other enclosed premises or a vehicle having less than 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 ..... insurance company that it should be absolved of payment of compensation in view of violation of policy conditions by the owner of the vehicle as the vehicle did not have a permit to ply on the road though requires to be accepted, but that will not amount to denial of compensation to the claimants from the hands of the insurance company, but with ..... of the case, we deem it appropriate to grant liberty to the second respondent - owner to submit his defence insofar as existence of and subsistence of the permit as on the date of the accident, as and when proceedings are instituted by the insurance company mfa no.32864/2013 c/w mfa no.200431/2014 27 for recovery ..... mfa no.200431/2014 25 for hire or reward, where the vehicle is, on the date of the contract of insurance, a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motorcycle. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . the learned senior counsel, mr.jayakumar s patil, who represented the petitioners in w.p.nos.226141/2020 and 226342/2020 submitted that the petitioners may be permitted to amend the writ petitions to incorporate grounds under articles 19(1)(c) and 43-b and part-ixb of the constitution of india ..... . this was later amended by act 24 of 2001 by which section 39-a(4) was inserted permitting the postponement of elections by six months at a time and not exceeding two years in aggregate ..... . the learned counsel for all the petitioners did not dispute the fact that there is no provision in the act of 1959 or part ix-b of the constitution which permits the extension of the board beyond the period of five years ..... . the "co-operative societies" is a subject enumerated in entry 32 of the state list of the seventh schedule of the constitution and the state legislatures have accordingly enacted legislations on co-operative societies ..... . the 65 largesse bestowed by the government by continuing the board is beyond the pale of law as neither the act of 1959 nor the byelaws of the co-operative societies, permit a term longer than five years ..... . since no grounds other than what was urged in the writ 66 petitions was canvassed during the course of hearing, there was no necessity to permit any oral pleading.7 ..... . that in w.p.no.8920/2020 and w.p.no.8747/2020, the elections to nearly 1762 primary, 90 secondary and 15 federal societies are scheduled and this court permitted the same .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . the learned senior counsel, mr.jayakumar s patil, who represented the petitioners in w.p.nos.226141/2020 and 226342/2020 submitted that the petitioners may be permitted to amend the writ petitions to incorporate grounds under articles 19(1)(c) and 43-b and part-ixb of the constitution of india ..... . this was later amended by act 24 of 2001 by which section 39-a(4) was inserted permitting the postponement of elections by six months at a time and not exceeding two years in aggregate ..... . the learned counsel for all the petitioners did not dispute the fact that there is no provision in the act of 1959 or part ix-b of the constitution which permits the extension of the board beyond the period of five years ..... . the "co-operative societies" is a subject enumerated in entry 32 of the state list of the seventh schedule of the constitution and the state legislatures have accordingly enacted legislations on co-operative societies ..... . the 65 largesse bestowed by the government by continuing the board is beyond the pale of law as neither the act of 1959 nor the byelaws of the co-operative societies, permit a term longer than five years ..... . since no grounds other than what was urged in the writ 66 petitions was canvassed during the course of hearing, there was no necessity to permit any oral pleading.7 ..... . that in w.p.no.8920/2020 and w.p.no.8747/2020, the elections to nearly 1762 primary, 90 secondary and 15 federal societies are scheduled and this court permitted the same .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . the learned senior counsel, mr.jayakumar s patil, who represented the petitioners in w.p.nos.226141/2020 and 226342/2020 submitted that the petitioners may be permitted to amend the writ petitions to incorporate grounds under articles 19(1)(c) and 43-b and part-ixb of the constitution of india ..... . this was later amended by act 24 of 2001 by which section 39-a(4) was inserted permitting the postponement of elections by six months at a time and not exceeding two years in aggregate ..... . the learned counsel for all the petitioners did not dispute the fact that there is no provision in the act of 1959 or part ix-b of the constitution which permits the extension of the board beyond the period of five years ..... . the "co-operative societies" is a subject enumerated in entry 32 of the state list of the seventh schedule of the constitution and the state legislatures have accordingly enacted legislations on co-operative societies ..... . the 65 largesse bestowed by the government by continuing the board is beyond the pale of law as neither the act of 1959 nor the byelaws of the co-operative societies, permit a term longer than five years ..... . since no grounds other than what was urged in the writ 66 petitions was canvassed during the course of hearing, there was no necessity to permit any oral pleading.7 ..... . that in w.p.no.8920/2020 and w.p.no.8747/2020, the elections to nearly 1762 primary, 90 secondary and 15 federal societies are scheduled and this court permitted the same .....
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