Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka Dharwad
..... court ought not to have impounded the documents, cannot be accepted. the very contention that, without there being any determination about the provisions of the stamp act, which is applicable to the said documents sought to be impounded also cannot be accepted. the trial court while passing the order elaborately discussed the same and ..... lj92 wherein discussion was made in sections 33(1) - 16 - nc:2024. khc-d:11334 wp no.102296 of 2022 and 37(2) of the stamp act. the documents said to be insufficiently stamped not produced in evidence, but produced subsequent to settlement of issues, at the time of filing interlocutory application for temporary injunction ..... considering the question involved in the matter and determining the point for consideration, it is appropriate to extract sections 33, 34 and 37 of the karnataka stamp act, for consideration:33. examination and impounding of instruments.- (1) every person having by law or consent of parties authority to receive evidence, and every person .....
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 Dharwad
..... have committed the offence. the prosecution is able to establish ingredients of offence under section 354 of ipc against accused no.1 who had a simple knowledge that his acts are sufficient to constitute the offence.33. the learned trial court as well as the first appellate court have rightly concluded, that this accused no.1 has committed ..... court either believes it to adjust or consider its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that with exists.24. disproved means a fact is said to be disproved when, after considering the matters before it, the court - 22 - nc: ..... 1 being the author of the crime has committed the offence in the manner stated in the complaint by the complainant - nagaraj.23. under the provisions of the indian evidence act, 1872, we find the words used as proved , disproved , not proved . a fact is said to be proved when, after considering the matters before it, the .....
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..... purchasers. under these circumstances, it is clear that the expression any private markets contemplated under the 4th proviso to section 65(2) of the said act of 1966 includes both private market yards and direct purchasers / direct purchase centers and failure to appreciate this by the learned single judge has resulted ..... agricultural marketing. the director of agricultural marketing after inspection and enquiry as are considered necessary and shall by a notification issued under section 6 of the act declare the private market yard for the regulation of marketing of notified agricultural produce specified in the notification. (8) after the issue of notification under ..... agricultural produce directly from an agriculturist; or (c) establish a farmer consumer market; unless he possess a valid licence issued under the provisions of this act or rules made thereunder. (2) subject to such conditions and such fees as may be prescribed the director of agricultural marketing or any other officer .....
Tag this Judgment!Court : Karnataka Dharwad
..... purchasers. under these circumstances, it is clear that the expression any private markets contemplated under the 4th proviso to section 65(2) of the said act of 1966 includes both private market yards and direct purchasers / direct purchase centers and failure to appreciate this by the learned single judge has resulted ..... agricultural marketing. the director of agricultural marketing after inspection and enquiry as are considered necessary and shall by a notification issued under section 6 of the act declare the private market yard for the regulation of marketing of notified agricultural produce specified in the notification. (8) after the issue of notification under ..... agricultural produce directly from an agriculturist; or (c) establish a farmer consumer market; unless he possess a valid licence issued under the provisions of this act or rules made thereunder. (2) subject to such conditions and such fees as may be prescribed the director of agricultural marketing or any other officer .....
Tag this Judgment!Court : Karnataka Dharwad
..... favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. if the answers are in the negative, there should ..... advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of ..... no.100625/2023 and dismiss the writ petition. in writ appeal no.100567 of2023between: raghava construction india pvt. ltd., a company incorporated under the provisions of the companies act, 2019. having registered office at, raghava pride, h.no.8-2-603/1/27 and28 road no.10, banjara hills, hyderabad-500034, represented herein by its .....
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