Court : Karnataka Dharwad
..... the court below was insensitive in branding the wife as suffering with completely incurable paranoid schizophrenia. very same medical evidence, on which the family court was acting upon at the same time, was indicating the possibility of such patients leading normal life with regular medication and family support. we have living examples of ..... was shuttling between bellary to bangalore during weekends, with this limited co- habitation with his wife, he has come up with story of his encounter with the acts of cruelty exhibited by his wife. 12. the term 'cruelty' more particularly, 'mental cruelty' in reference to matrimonial cases has been the subject matter of ..... the most appropriate person to provide additional information since he has seen her for over a decade. 10. the petition is filed under section 13 of hindu marriage act without specifically quoting the sub-sections, which deal with various grounds for divorce. however, the pleading would go to make out the following grounds : (1) .....
Tag this Judgment!Court : Karnataka Dharwad
..... the court below was insensitive in branding the wife as suffering with completely incurable paranoid schizophrenia. very same medical evidence, on which the family court was acting upon at the same time, was indicating the possibility of such patients leading normal life with regular medication and family support. we have living examples of lot ..... most appropriate person to provide additional information since he has seen her for over a decade. 15 10. the petition is filed under section 13 of hindu marriage act without specifically quoting the sub-sections, which deal with various grounds for divorce. however, the pleading would go to make out the following grounds : (1) ..... incurable mental disorder and has allowed the petition. the wife during the trial before the family court had filed an application under section 24 of the act. without passing any order on her application, the family court hurried to adjudicate the case on its merits, that has resulted in serious miscarriage of justice .....
Tag this Judgment!Court : Karnataka Dharwad
..... closely related or otherwise related in the prosecution, their testimony has to pass through the test of close and severe scrutiny before their testimony could be safely acted upon. even considering the contradictions and omissions here and there in their evidence, if their 70 evidence is corroborated by other materials and also if those ..... and his evidence can be 64 accepted for appreciation, if he is not suffering from any incapacity as contemplated under section 118 of the indian evidence act. section 118 imposes responsibility on the court to ascertain as to whether the witness is competent witness to testify and that such persons is not prevented ..... ) kccr1175between the state of karnataka by nyamathi police station, nyamathi vs. sri kantharaj, wherein this court has held that - under section 27 of the evidence act, recovery of weapon, contradiction in evidence of witnesses same cannot be considered as 46 either minor or inconsequential inconsistencies but are glaring enough to go to the .....
Tag this Judgment!Court : Karnataka Dharwad
..... this finding is in contrast with the material evidence on record, more particularly, exhibit.p1-complaint which clearly speaks that the accident occurred due to the negligent act of the driver in leaving the ignition key in the offending vehicle. considering the material evidence available on record, this court is of the considered opinion that ..... specified in the second schedule has been taken to be guiding factor for calculation of the amount of compensation even in a case under section 166 of the act. however, in shanti pathak (supra) this court advocated application of lesser multiplier, although no legal principle has been laid therein.40. in trilok chandra (supra ..... aforementioned situation the courts, we opine, are required to lay down certain principles.44. we are not unmindful of the statement of objects and reasons to act 54 of 1994 for introducing section 163-a so as to provide for a new predetermined formula for payment of compensation to road accident victims on the basis .....
Tag this Judgment!Court : Karnataka Dharwad
..... mpeb in consonance with the orders/directions dated 12.04.2001, 04.12.2001 and 23.05.2003 passed by the union of india under section 58(4) of mpr act. in addition, the plaintiff-state of m.p. has also prayed for to direct the union of india by way of mandatory injunction to perform its constitutional and statutory duty .....
Tag this Judgment!Court : Karnataka Dharwad
..... beyond its territory if the same is accessible online. therefore applying 'effects doctrine', the recovery proceedings initiated by the first respondent under the provisions of the kvat act and kteg act are preeminently tenable. 26. re: point no.2. a careful perusal of the authority relied upon by the petitioner (m.l.narashimha gupta supra) shows ..... 1. whether 1st respondent could issue recovery notices to the branch manager of petitioner's bank situated beyond the state of karnataka under the provisions of kvat act and kteg act? 2. whether 1st respondent could have issued notices whilst writ petitions filed by the petitioner and i.a.s for stay are pending consideration? 10. re ..... in law as the said issue is subject matter of w.p.no. 104387/2016; d) as per sub-section (2) of section 1, both kvat act and kteg act are applicable and enforceable only within the 'territorial jurisdiction' of state of karnataka. petitioner maintains its account with khairtabad (hyderabad) branch of bank of baroda, .....
Tag this Judgment!Court : Karnataka Dharwad
..... territory if the same is accessible online. therefore applying ef fects doctrine , the recovery proceedings initiated by the first respondent :19. : under the provisions of the kvat act and kteg act are preeminently tenable.26. re : p o i nt n o . 2 . a careful perusal of the authority relied upon by the petitioner (m.l.nar ashimha ..... . whether 1 s t respondent could issue recovery notices to the branch manager of petitioner s bank situated beyond the state of karnataka under the provisions of kvat act & kteg act?.2. whether 1 s t respondent could have issued notices whilst writ petitions filed :9. : by the petitioner and i.a.s for stay are pending ..... sustainable in law as the said issue is subject matter of w.p.no.104387/2016; d) as per sub-section (2) of section 1, both kvat act & kteg act are applicable and enforceable only within the territorial jurisdiction of state of karnataka. petitioner maintains its account with khairtabad (hyderabad) branch of bank of baroda, which is beyond .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the servant the owner is made liable on the basis of vicarious liability. before the master could be made liable it is necessary to prove that the servant was acting during the course of his employment and that he was negligent. the hon ble supreme court in a case reported in (1996) 5 scc in the case of sohan lal ..... driver of the ambassador car. even if the appellant were to be treated as a driver of the said car, he is not the owner of the vehicle. for the act of driver, the owner of the vehicle is vicariously liable. hence, the owner of the car has to compensate the claimants and fastening liability to an extent of 50% on ..... passi vs. p.sesh reddy and ors., while emphasizing the provisions of motor vehicles act, with regard to the liability has noted as under: .. motor vehicles act, 1939, chapter vii-a was introduced by the motor vehicles (amendment) act, 1982. sub-section (1) of section 92-a provides that where the death or permanent disablement of any person .....
Tag this Judgment!Court : Karnataka Dharwad
..... there was a partition between the deceased bapusaheb and his brother shantaram lengade. the document styled as memorandum of partition dated 05.01.1964 has not :19. : been acted upon by the parties. the suit properties have been all along treated by the plaintiffs, defendant no.1 and his other brothers except nandkumar, as joint family properties. they ..... would be entitled for an equal share in the joint family property in the notional partition. (see ilr1989kar2261 thus, in terms of explanation to sec. 6 of hindu succession act 1956, in the notional partition, bapu saheb, his wife, and sons would be entitled for an equal share in the joint family property. however, in view of our ..... both sons and daughters) would be entitled to 1/10th share.57. upon death of brahamalavati, who died intestate, in terms of sec. 15 of the hindu succession act, all children became entitled for 1/9th share each in properties held by her at the time of death.58. we have held that in view of relinquishment deeds .....
Tag this Judgment!Court : Karnataka Dharwad
..... , those 57 persons travelling in the tractor and trailer cannot be treated as workmen falling within the meaning of section 2(1)(n) of the employees compensation act. the owner of the vehicle in their written statement had clearly admitted that 57 persons were travelling from hulaginala to sirur village for harvesting the ground nut crops ..... agricultural work in the land owned by the owner of the tractor and trailer. hence, those persons cannot be treated as workmen under the workmens compensation act. no document has been produced to show that the deceased persons and the injured persons were working as coolies in the tractor and trailer belonging to the first ..... of imagination, those 57 persons travelling in the tractor and trailer cannot be treated as workmen within the meaning of section 2(1)(n) of the employees compensation act. further, the owner of the vehicle himself admitted that as on the date of accident, all these persons were travelling from hulaginal to sirur village to do .....
Tag this Judgment!