Court : Karnataka
..... deceased, the relatives of the deceased having special knowledge of the relationship are competent witness and their evidence is admissible within the meaning of section 50 of the evidence act.19. in the case of jagadish prasad vs. sarwan kumar reported in air2003p & h10it is held that where a person is in common relation of the parties ..... this statement along with the attendant circumstances placed on record would certainly constitute proving of the will by other evidence as permitted by section 71 of the evidence act.13. the learned counsel submits that even though the dna test report is in favour of the plaintiff respondent, but the benefit of dna test report has ..... of malabati and also at the time of the upanyan ceremonies of plaintiffs 1 and 2. this evidence, in our opinion, properly comes within s.50, evidence act; it shows the opinion of janardan misra as expressed by his conduct, namely, his attending the marriage of malabati as daughter of lokenath and his attending the marriages .....
Tag this Judgment!Court : Karnataka
..... are permitted. thus, there is no double assessment if the first assessment is void.70. it is no doubt true that the income tax act/wealth-tax act nowhere provides that a protective or precautionary assessment can be raised in respect of one and the same income/wealth on two different persons. a departmental ..... commissioner of income tax & anr. vs. smt. meenakshi devi avaru through lrs. and another 14/113 legislation known as bangalore palace (acquisition and transfer) act, 1996 ( bpat act ).5. prior to the said enactment, the family members had partitioned the entire property in question known as bangalore palace and the lands appurtenant thereto measuring about ..... held in the hands of these five assessee sisters, the total valuation cannot exceed ````11.00 crores fixed by the bangalore palace (acquisition and transfer) act, 1996 itself which does not envisage any determination of compensation on the basis of the market value of the assets and therefore, only a proportionate valuation .....
Tag this Judgment!Court : Karnataka
..... 38 it is further contended that, the complainants and their associates have committed serious economic offences and violated the provisions of companies act, pmla, sebi act, rbi act and income tax act and given their clout and influence the matter needed court monitored multi disciplinary investigation. the issues in respect of the same along ..... propriety is involved and the judges, like everyone else, will have to earn respect and they cannot demand respect by- (i) punishing persons for unintended acts or technical violations; (ii) frequent summoning of government officers to court; and (iii) making avoidable adverse comments and observations against persons who are not ..... controlled by accused no.2-r.subramanian. the directors of 'india awake for transparency'-mr. rajender kumar and mrs. adiseshan srimathi are disqualified to act as directors and their appointment as additional directors was not regularized in the annual general body meeting 105 of 'india awake for transparency'. it is .....
Tag this Judgment!Court : Karnataka
Reported in : (2008)ILLJ935Kant
..... dated september 28, 1989, has rejected the appeal. respondent thereafter filed an application under section 10(4-a) read with section 2 of the industrial disputes act, 1947 ('the act' for short), on the file of the additional industrial tribunal, bangalore. the application was contested by the appellant. based on the pleadings, the labour court ..... manager at bangalore, he traced out some commission vouchers which had been forged. the commission vouchers contained his signatures and that of one sri adinarayanan, by acts of forgery. the payments in respect of those vouchers were effected through respondent. on enquiry, respondent told him that he had effected the payments and he ..... disciplinary enquiry?(3) has the industrial tribunal committed any error or illegality in dismissing the application filed by the respondent under section 10(4-a) of the act'?8. re. point no. 1: the appellant has issued the charge sheet dated august 19, 1988 to the respondent. the charge related to the forging .....
Tag this Judgment!Court : Karnataka
..... were responsible for the conduct of the business of the company. (iii) vicarious liability can be inferred against a company registered or incorporated under the companies act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make the accused therein vicariously ..... learned magistrate/special court (economic offences) bengaluru, after recording sworn statement of the complainant, has taken cognizance for the offence punishable under section 447 of the act of 2013 and issued summons.4. sri. k. g. raghavan, learned senior counsel appearing for the petitioners submits that on bare perusal of the complaint, it ..... the president of india is a major share holder holding 54.03% equity shares by investing public money. he appoints the board of directors under the companies act, articles of association and memorandum of association of beml ltd. company (for short company ). the board of directors of the company recommended 25% of the .....
Tag this Judgment!Court : Karnataka
..... of paragraph 7 of the said decision is relevant and same is extracted hereinbelow: 7 the position has changed after amendment of the code of civil procedure by the amendment act of 1976. now, under the amended provisions, all questions, including right, title, interests in the property arising between the parties to the proceedings under rule 97, have to be adjudicated ..... is always on the propounder of the will to prove the same to the satisfaction of the court in terms of under section 63 of indian succession act and section 68 of indian evidence act.29. in the light of authoritative pronouncement of the decisions rendered in sameer 28 singh s case and brahmdeo chaudhary s case, the approach adopted by the .....
Tag this Judgment!Court : Karnataka
..... surendra nath loomba and others reported in (2013) 1 acj321 wherein it is held that the insurance company is liable under comprehensive/package policy but not under the act policy and case is remitted back to the tribunal to enable the insurance company to produce the policy, parties to file documents and lead evidence and to decide the ..... particularly when it is used for hire or reward. the insured has deliberately withheld the express conditions of the policy of insurance and provisions of the motor vehicles act. under these circumstances, there exists no liability on the part of the insurer to indemnify the risk of the occupants. the tribunal was required to have noticed ..... sri mahesh kiran shetty, advocate for r-1, notice to r-2 is held sufficient vide order dated1507.2014) this m.f.a is filed under section1731) of mv act against the judgment and award dated1611.2009 passed in mvc.no.290/2004 on the file of presiding officer, fast track court, mact, kundapura, awarding a compensation of .....
Tag this Judgment!Court : Karnataka
..... surendra nath loomba and others reported in (2013) 1 acj321 wherein it is held that the insurance company is liable under comprehensive/package policy but not under the act policy and case is remitted back to the tribunal to enable the insurance company to produce the policy, parties to file documents and lead evidence and to decide the ..... particularly when it is used for hire or reward. the insured has deliberately withheld the express conditions of the policy of insurance and provisions of the motor vehicles act. under these circumstances, there exists no liability on the part of the insurer to indemnify the risk of the occupants. the tribunal was required to have noticed ..... sri mahesh kiran shetty, advocate for r-1, notice to r-2 is held sufficient vide order dated1507.2014) this m.f.a is filed under section1731) of mv act against the judgment and award dated1611.2009 passed in mvc.no.290/2004 on the file of presiding officer, fast track court, mact, kundapura, awarding a compensation of .....
Tag this Judgment!Court : Karnataka
..... states coverage in respect of drivers and conductors of public service vehicle and employees carried in a goods vehicle would be limited to the liability under the workmen's compensation act. it does not speak of any passenger in a `goods carriage'.27. furthermore, sub-clauses (i) of clause (b) of sub-section (1) of section ..... policy does not cover liability to gratuitous passengers who are not carried for hire or reward. if a liability other than the limited liability provided for under the act is to be enhanced under an insurance policy, additional premium is required to be paid. the liability is restricted to the liability arising out of the statutory requirements ..... contention has been taken by the appellant-insurance company in the written statement as well as in the evidence that policy issued by the insurance company is the act policy and it does not cover the risk of the inmates of the car. the tribunal without examining ex.r1- insurance policy relying upon judgment of this court .....
Tag this Judgment!Court : Karnataka
..... and employee between first respondent and the deceased and thereby, the petitioners are entitled to claim compensation as dependants under section 22 of the workmen's compensation act, 1923.9. as regards quantum of compensation is concerned, the commissioner considered that the deceased was earning rs.4,000/- per month and he was ..... to drive the vehicle without valid driving licence, thereby, he has violated the terms and conditions of the policy, also the provisions of the motor vehicles act, thereby, the insurance company can avoid its liability. it is further contended that the commissioner has erroneously assumed that the deceased was holding a valid ..... :1717 mfa no.9827 of 2012 the spot. the legal representatives of the deceased have approached the commissioner seeking compensation under section 22 of the workmen compensation act. the claim was opposed by the insurance company. after taking the evidence, the commissioner by the impugned judgment awarded compensation of rs.4,23,580/- with .....
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