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
..... to avoid any controversy, i direct the executing court to precisely calculate the interest payable to the petitioners on solatium in accordance with section 28 of the said act and to quantify the said amount. consequential orders regarding payment/refund, if any, shall be passed by the executing court within a period of three months from ..... this question. (underlines supplied) in paragraph 54, the apex court specifically dealt with the cases where while passing an award under section 18 of the said act, there was no direction issued to pay interest under section 28 on the component of solatium. keeping in mind the principle that normally the executing court cannot ..... counsel for the first and second respondents adopted the submissions of the learned additional government advocate.7. i have considered the submissions. section 28 of the said act, reads thus: 28. collector may be directed to pay interest on excess compensation.- if the sum which, in the opinion of the court, the collector ought .....
Tag this Judgment!Court : Karnataka Dharwad
..... secretly and wrongfully using the opportunity of absence of his sister in her house and using the said house as a place for committing the offence. because of this act of the appellant/accused, an innocent, helpless girl believing that appellant/accused went with him in a car and she was subjected to rape by him. thereafter, mercilessly ..... murdered her and thereafter transported the dead body, tried to destroy the evidence by putting fire on the dead body which was half burnt. it is submitted that, his acts and actions discloses planning and pre-meditated actions and that the ghastly crime was committed in a barbaric manner.101. sub section (3) of section 354 cr.p.c ..... the conviction of accused for the offence of kidnapping, rape and murder under sections 363, 376(2)(f), 302, 201 of ipc and sections 4 and 6 of pocso act, 2012. while confirming the said sentence of conviction, we propose to commute the death sentence to life imprisonment *for a period of 25 years without remission* for the .....
Tag this Judgment!Court : Karnataka Dharwad
..... secretly and wrongfully using the opportunity of absence of his sister in her house and using the said house as a place for committing the offence. because of this act of the appellant/accused, an innocent, helpless girl believing that appellant/accused went with him in a car and she was subjected to rape by him. thereafter, mercilessly ..... murdered her and thereafter transported the dead body, tried to destroy the evidence by putting fire on the dead body which was half burnt. it is submitted that, his acts and actions discloses planning and pre-meditated actions and that the ghastly crime was committed in a barbaric manner.101. sub section (3) of section 354 cr.p.c ..... conviction of accused for the offence of kidnapping, rape and murder under sections 363, 376(2)(f), 302, 201 of ipc and sections 4 and 6 of pocso act, 2012. while confirming the said sentence of conviction, we propose to commute the death sentence to life imprisonment for a period of 25 years without remission for the offence .....
Tag this Judgment!Court : Karnataka Dharwad
..... impermissible. that apart, it would also been in the teeth of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013. the act mandates that there can be no acquisition without appropriate compensation. hence, the contention on behalf of the petitioner that the right of granting access ..... principle approval or no objection issued by the regional officer, who is the highway administrative authority under the control of national highway (land and traffic) act 2002 [ act of 2002 for short]..14. 14 the respondents i.e., the union government, represented by the ministry of highways and surface transport and the ..... some of the statutory provisions examined by this court for determination of the lis are extracted herein below for the sake of convenience. the national highways act, 1956 responsibility for development and maintenance of national highway- section:8. (1): it shall be the responsibility of the central government to develop and .....
Tag this Judgment!Court : Karnataka Dharwad
..... protection sought 26 under clause(d) of the second schedule read with section 8 of the act is misconceived. challenge to the conduct of the disciplinary proceedings and consequential orders that may be passed by the disciplinary authority is permissible only (i ..... petitioners in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of the petitioners. section 8 of the act is applicable to a compliant involving grievance and not allegations. investigation initiated against the petitioners is with respect to allegation and not grievance. therefore, ..... cases filed against the petitioners are for the alleged violation of law in commission of the alleged offences punishable under the prevention of corruption act whereas the departmental proceedings are initiated against the 25 petitioners for alleged misconduct under rule 20 of the rules. malpractice and unfairness adopted by .....
Tag this Judgment!Court : Karnataka Dharwad
..... protection sought 26 under clause(d) of the second schedule read with section 8 of the act is misconceived. challenge to the conduct of the disciplinary proceedings and consequential orders that may be passed by the disciplinary authority is permissible only (i ..... petitioners in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of the petitioners. section 8 of the act is applicable to a compliant involving grievance and not allegations. investigation initiated against the petitioners is with respect to allegation and not grievance. therefore, ..... cases filed against the petitioners are for the alleged violation of law in commission of the alleged offences punishable under the prevention of corruption act whereas the departmental proceedings are initiated against the 25 petitioners for alleged misconduct under rule 20 of the rules. malpractice and unfairness adopted by .....
Tag this Judgment!Court : Karnataka Dharwad
..... protection sought 26 under clause(d) of the second schedule read with section 8 of the act is misconceived. challenge to the conduct of the disciplinary proceedings and consequential orders that may be passed by the disciplinary authority is permissible only (i ..... petitioners in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of the petitioners. section 8 of the act is applicable to a compliant involving grievance and not allegations. investigation initiated against the petitioners is with respect to allegation and not grievance. therefore, ..... cases filed against the petitioners are for the alleged violation of law in commission of the alleged offences punishable under the prevention of corruption act whereas the departmental proceedings are initiated against the 25 petitioners for alleged misconduct under rule 20 of the rules. malpractice and unfairness adopted by .....
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