Court : Karnataka
..... . poornabodha rao, advocate for r-2; r-1 - served and un-represented) - 2 - mfa no.554 of 2020 **** this miscellaneous first appeal is filed under section1731) of the motor vehicles act, 1988, praying to modify/set aside the judgment and award dated0507-2019 in m.v.c.no.1224/2017, passed by the i additional district judge and mact-ii, mangaluru ..... accident claims tribunal-ii, mangaluru (d.k.), (hereinafter for brevity referred to as "the tribunal") whose claim petition under section 166 of the motor vehicles act, 1988 (hereinafter for brevity referred to as the m.v. act ) for compensation from the respondents herein came to be dismissed as devoid of merit by the tribunal vide its impugned judgment and award dated 05 .....
Tag this Judgment!Court : Karnataka
..... supplied) 11. to appreciate the contentions putforth by both the parties, it is necessary to consider the relevant statutory provisions. section 2(rr) of the i.d. act reads as follows:"2(rr)."wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were ..... the law will have to take charge. no doubt, the quintessence of the objective sought to be achieved through the employee's provident fund and 10 miscellaneous provisions act, 1952 is "social security" to the working class. hence, i am inclined to resolve the dispute keeping the spirit of the law in mind. .... .... ..... before the hon ble mr. justice c.m. poonacha writ petition no.41066 of2014(l-pf) between m/s. ibm india private limited a company incorporated under the companies act, 1956 and having its registered office at subramanya arcade, # 12, bannerghatta main road, bangalore56002 represented by its legal counsel sri. lahar appaiah ...petitioner (by sri k .....
Tag this Judgment!Court : Karnataka
..... , document, information or matter which in its opinion, is necessary to deal effectively with the dispute event if it is not admissible in indian evidence act, 1872. therefore, we find no merit in the contention of the appellant that 63 photographs and electronic documents on which reliance has been placed by ..... and paramount consideration and in order to determine child custody, the jurisdiction exercised by the court rests on its own inherent equality powers where the court acts as parens patriae . the court further observed that various statutes give legislative recognition to the aforesaid established principles. the court explained the expression welfare , ..... this day, vishwajith shetty j., delivered the following: judgment this miscellaneous first appeal is filed under section 47(c) of the gurardian and wards act, 1890 (for short, 'the act'), against the judgment and decree dated 03.03.2022 passed by the iv addl. prl. judge, family court, bengaluru (hereinafter referred to as .....
Tag this Judgment!Court : Karnataka Dharwad
..... and well being. the said case was hence disposed of as not pressed. further, m.c.no.149/2021 filed by the husband under section 9 of the hindu marriage act, for restitution of conjugal rights is also disposed of as not pressed since a memo was filed stating that with the intervention of the elderly persons, matter is settled and .....
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..... 26.02.2015 resisting the writ petition. learned panel counsel contends that the bda being the statutory authority has to function under the provisions of 1976 act and therefore it cannot undertake any charitable activity like making donation that are not authorized by the statutory scheme. in support of this, he relies on ..... concession, whatever be the nomenclature adopted in the impugned letter. she vociferously presses into service both the doctrine of estoppel under section 115 of the indian evidence act, 1872 and the doctrine of promissory estoppel vide apex court decision in union of india vs indo afghan agencies, air1968sc718 in support of her case. 55. ..... 2023 before the hon'ble mr. justice krishna s.dixit writ petition no.58854 of2014bda) between: suchitra cinema and cultural academy., a trust registered under the indian trusts act, 1882 having its principal office at c.a. no.36, banashankari ii stage, bangalore-560 070, represented by its chariman, mr. k.v. ravindaranath tagore, ... .....
Tag this Judgment!Court : Karnataka Dharwad
..... negligence of the rider of the motorcycle. therefore, petition is not maintainable and legal heirs of the deceased cannot claim compensation under section 163-a of m.v.act. the amount of compensation claimed is exorbitant and prayed to dismiss the petition.6. the tribunal has framed relevant issues. petitioners have examined p.ws.1 and ..... respectively of the deceased shambhulingappa. with these reasons, petitioners claimed compensation of rs.22,88,200/-. this petition was filed under section 163-a of m.v.act.5. respondent no.2 has contended before the tribunal that rider of the motorcycle i.e., deceased shambhulingappa was not holding valid driving licence. the owner of the ..... bengaluru-560084 ...respondents (by sri.m.y,katagi, adv. for r2, r1 served) this appeal is filed under section u/s.173 (1) of motor vehicles act, against the judgment and award dated0502.2019 passed in mvc no.82/2017 on the file of the senior civil judge and motor accident claims tribunal, gangavathi, dismissing the .....
Tag this Judgment!Court : Karnataka Dharwad
..... be admitted in evidence. the said person would probably want the issue regarding proper duty chargeable on the instrument resolved by the adjudicating authority prescribed under the act, i.e., the deputy commissioner.74. in such cases, the impounding officer would have no option but to impound the instrument and send it to the ..... . :30. : w.p. no.112448/2017 66. the fact that the deputy commissioner, the prescribed statutory authority for adjudication as to stamps under the act, determines the duty and penalty payable for impounded instruments and also scrutinizes the decision of the impounding officer regarding the duty and penalty levied and has been authorized ..... is statutorily required to send the impounded instrument to the deputy commissioner for determination of the duty and penalty payable under section 37(1)77 of the act.53. even if the impounding officer admits the insufficiently stamped instrument after collecting the duty and penalty as ascertained by him, he is still required .....
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..... the hon ble dr. justice h.b. prabhakara sastry criminal revision petition no.773 of2013between: m/s. pradhan mercantile pvt.ltd., a company registered under the companies act having its registered office at no.735/3/11-12 near oxford college off hosur main road bommanahalli, begur hobli, bangalore 560068 represented by its general manager & authorized ..... interference at the hands of this court?.9. learned counsel for the complainant (revision petitioner) in his argument submitted that, though section 143 of the n.i. act prescribes the proceedings for the alleged offences to be tried as a summary trial, however, the matter in the trial court was tried as a regular trial. for ..... tried in the summary, where though triable summarily and is tried as a regular summons case, the successor magistrate need not hear the case de novo and can act on evidence recorded by his predecessor to decide the case.15. the hon ble apex court, to ensure speedy disposal of the cheque dishonor cases, issued several .....
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..... before this court calling in question registration of crime in crime no.3 of 2022 for offence punishable under section 7(a) of the prevention of corruption act, 1988 ( the act for short).2. brief facts that lead the petitioner to this court in the subject petition, as borne out from the pleadings, are as follows:- ..... unmistakably emerge is that, demand and acceptance by the public servant of illegal gratification is sine qua non for establishing the offence under section 7 of the act. the apex court has further held that mere demand without acceptance or mere acceptance without demand would not be enough circumstance to prove the allegation against those ..... or attempts to obtain the undue advantage directly or through a third party. (emphasis supplied) the allegation against the petitioner is under section 7(a) of the act, which directs that a public servant obtaining or accepting or attempting to obtain from any person an undue advantage with an intention to perform or cause performance of .....
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..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. the circumstances should be of a conclusive nature and tendency and they should exclude every possible hypothesis except the one ..... ors. vs. state (govt.of nct), delhi. in that case this court observed thus:"the expression "soon before" is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption ..... accused of the offences punishable under sections 498-a, 306, 304-b read with section 34 of ipc, 1860 and under sections 3 and 4 of dowry prohibition act. whereas in this appeal, the appellant/state is seeking intervention of this court to consider the grounds urged in the appeal and consequently, set aside the acquittal .....
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