Court : Karnataka
..... discharge her part of contract. this conduct of the plaintiff would not attract her readiness and willingness within the meaning of sec.16(c) of the specific relief act.44. it is, therefore patently clear that the respondent-plaintiff has failed to prove her readiness to perform her part of contract from the date of execution ..... question is, whether the respondent-plaintiff had proved her readiness and willingness to perform her obligations under the contract as envisaged under section 16(c) of the specific relief act, 1963 which mandates that - 23 - nc:2024:khc:20988-db rfa no.6 of 2013 plaintiff must plead and prove that he/she had performed or has ..... , the primary question for determination is, whether respondent-plaintiff has proved her readiness and willingness to perform her part of contract or not?.21. section 16 of the act as it stood at the material time (prior to amendment with effect from 1.10.2018), inter alia, provides:- 16. personal bars to relief. specific performance of .....
Tag this Judgment!Court : Karnataka
..... attached to this section relaxes this requirement in case of a document, not being a will, but has been registered in accordance with the provisions of the registration act, 1908 unless its execution by the person by whom it purports to have been executed, is specifically denied. 22.2. these statutory provisions, thus, make it incumbent ..... form of attestation would be necessary.22. it cannot be gainsaid that the above legislatively prescribed essentials of a valid execution and attestation of a will under the act are mandatory in nature, so much so that any failure or deficiency in adherence thereto would be at the pain of invalidation of such document/instrument of ..... krishnappa was in good state of health both physically and mentally and after revoking the second will, he had executed the last and third will and he has acted upon the same and in possession of the property. therefore, the plaintiff is not entitled for any share in the suit schedule properties. therefore the judgment and .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka
..... karnataka appellate tribunal and the land being restored to its owner. the doctrine of frustration of contract is enacted inter alia in sec.56 of the indian contract act, 1872, which employs the word impossible . the super meaning impossibility in the performance of contract has to be construed in its practical and not literal sense vide ..... this court, the state government has thought it fit to convey alternative land and therefore, this is one other instance, which would indicate that the state government is acting arbitrarily insofar as the sale transactions are concerned. hence, the petitioner would have to be given his due.-. 3 - nc:2024. khc:17767-db wa no.1640 ..... , bengalore-560 052. respondent (by sri.k.n.phaneendra, sr. counsel sri. yadupathi g., advocate) this writ appeal is filed u/s4of the karnataka high court act praying to set aside the order passed in the writ petition20612016 dated1702/2016 cf sufficient appeal out of time. this appeal coming on for orders, this day, krishna s .....
Tag this Judgment!Court : Supreme Court of India
..... purchaser cannot challenge the validity of the notification or the irregularity in taking possession of the land.45. we may also refer to the delhi lands (restrictions on transfers) act, 1972 ( 1972 act , hereafter) which imposes certain restrictions on transfer of lands which have been acquired. section 3 prohibits the transfer of any land acquired by the central government under the ..... listing in the week commencing 22nd july, 2024: a) dda vs. gita sabharwal [diary no.21746/2022].; b) dda vs. narendar kumar [diary no.674/2023, ma].; c) dda vs. bal kishan [diary no.5711/2023, ma].; d) dda vs. ishaaq [diary no.1713/2023, ma].; e) dda vs. abhishek jain [diary no.40951/2022, ma].; f) dda vs. m ..... 1. dda vs. gita sabharwal11has been issued either on [diary no.21746/2022]. delay or on merits 2. dda vs. narendar kumar [diary no.674/2023, ma].3. dda vs. bal kishan [diary no.5711/2023, ma].4. dda vs. ishaaq [diary no.1713/2023, ma].5. dda vs. abhishek jain [diary no.40951/2022, ma].6. dda vs. m .....
Tag this Judgment!Court : Supreme Court of India
..... presiding officer of the court and so also of the complainant ashok kumar pathak. three more witnesses, namely, head constables mohan lal and surender kumar and inspector bal kishan were also examined on oath in proceedings under section 299 crpc.29. in this background, the fervent submission of the learned counsel for the appellant that ..... under section 299 crpc was rightly relied upon as admissible and reliable piece of evidence. the non-examination of ashok kumar pathak during trial is not a deliberate act of prosecution, rather, the witness could not be examined during regular trial after apprehension of the accused appellant. the witness could not be traced by the ..... by showing him to be an absconder. as per the prosecution case, the complainant ashok kumar pathak, head constables mohan lal and surender kumar and inspector bal kishan were examined on oath in proceedings under section 299 crpc and the file was consigned to the record room.10. the accused appellant could be apprehended .....
Tag this Judgment!Court : Karnataka
..... by the assured with the insurer. when the goods were damaged in an accident, the assured, as the consignor consumer, could certainly maintain a complaint under the act, seeking compensation for the loss, alleging negligence and deficiency in service. the fact that in pursuance of a contract of insurance, the assured had received from the ..... of - 15 - nc:2024. khc:16835 mfa no.894 of 2020 income to be suffered by them to maintain a claim for compensation under the 1988 act. xxxxxxxxxxxxx 24. rule 5 broadly deals with two aspects. firstly, to compensate the dependants of the deceased government employee by granting ex gratia financial assistance on compassionate ..... while awarding just and reasonable compensation. 5.1 it is vehemently contended by learned counsel for respondent-insurance company that the very object of the motor vehicles act is for awarding just and reasonable compensation to the victims in the cases of injury and death caused in the road traffic accident for the loss suffered .....
Tag this Judgment!Court : Supreme Court of India
..... court the power to pass a decree if it is satisfied on matters mentioned in clauses (a) to (e) of the section. considering that proceedings under the act are essentially of a civil nature, the word satisfied must mean satisfied on a preponderance of probabilities and not satisfied beyond a reasonable doubt . section 23 does not ..... with conflicting probabilities concerning a fact-situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence of the particular fact ..... proved when the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. the belief regarding the existence of a fact may thus be founded on a balance of probabilities. a prudent man faced .....
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