Court : Karnataka Dharwad
..... 71, 2004 crl.j. 3418) held that the hire-purchase agreement involved in the case between the financial institution and the hirer stood determined by the act of parties, the cheques which were accepted by the financial institution towards advance for repayment of the hire would become instruments without consideration and that they will be ..... the ground that the vehicle was the subject of hire purchase agreement, is seized under hypothecation agreement: the complainant cannot invoke section 138 of n.i. act and the witness p.w.1 had not produced original authorisation letter in favour of the director, who authorised him to file the complaint, hence the complaint ..... finance company limited filed a private complaint through its general power of attorney holder against the accused alleging the offence punishable under section 138 of n.i. act. the allegation was, the accused being a customer of the company availed loan from the company to purchase tata tipper vehicle for a total hire purchase .....
Tag this Judgment!Court : Karnataka Dharwad
..... eyewitness. recovery mahazaar / ex.p.34 is proved by the evidence of the investigating officer with the tending support of section 114(e) of evidence act. accused nos.1 to 4 having been unmistakably identified by pw.3. in the said circumstance, onus of explaining the incriminating circumstances had tilted to the ..... the taluka magistrate for identification parade. he handed over further investigation to police inspector / mahanteshwara who on obtaining sanction from district commissioner for prosecution under arms act and submitted charge sheet to the court. during cross-examination, he admits that while producing the accused the face of the accused were not masked. 25 ..... the statements of the witnesses are recorded. on completion of the investigation and after getting sanction to prosecute the accused under the provisions of the arms act, the investigating officer filed charge sheet against accused nos.1 to 8 by showing accused nos.5 to 8 as absconding accused. 6. learned magistrate committed .....
Tag this Judgment!Court : Karnataka Dharwad
..... shri s.s.nagananad, appearing for the counsel for the petitioner, contends as follows : that the object in substituting section 6 of the hindu succession act, 1956, by act no.39 of 2005, was to address the discrimination that was inherent in the section as it stood before the amendment, whereby the females did not ..... denman, c.j.made the following oftquoted observations : it was said that the operation of the statute was confined to persons who had become widows after the act was passed, and that the presumption against a retrospective statute being intended supported this construction : but we have before shown that the statute is in its ..... the petitioners are seeking to challenge the constitutional validity of the explanation appended to sub-section (5) of section 6 of the hindu succession (amendment) act, 2005, (act 39 of 2005), namely: explanation: for the purposes of this section partition means any partition made by execution of a deed of partition duly registered under .....
Tag this Judgment!Court : Karnataka Dharwad
..... the loss and in the matter of awarding just and reasonable compensation by applying the settled principles, as applied in the claim cases arising under the motor vehicles act. since there is error committed in arriving at the lost dependency and also in the matter of the sum payable under the conventional heads, the impugned award ..... and affection, funeral expenses and last rites, the compensation payable was determined. 10. multiplier method is being applied in the claim cases arising out of the motor vehicles act. in kerala state road transport corporation vs- susamma thomas, (1994) 2 scc 176. apex court has held that the multiplier method is logically sound and legally well ..... by the permanent lok adalat (tor short 'adalat'), belgaum. 2. appellants had filed o.p.no.29/2009, under section 22(c)(i) of legal service authorities act, claiming compensation of rs. 10,00,000/- from the respondents, for the death of their son master vinayak, due to electrocution. 3. the adalat held that the .....
Tag this Judgment!Court : Karnataka Dharwad
..... assessing the loss and in the matter of awarding just and reasonable compensation by applying the settled principles, as applied in the claim cases arising under the motor vehicles act. :8. : since there is error committed in arriving at the lost dependency and also in the matter of the sum payable under the conventional heads, the ..... and affection, funeral expenses and last rites, the compensation payable was determined.10. multiplier method is being applied in the claim cases arising out of the motor vehicles act. in kerala state road transport corporation vs. susamma thomas, (1994) 2 scc176 apex court has held that the multiplier method is logically sound and legally well established ..... by the permanent lok adalat (for short adalat ), belgaum.2. appellants had filed o.p.no.29/2009, under section 22(c)(i) of legal service authorities act, claiming compensation of rs.10,00,000/- from the respondents, for the death of their son master vinayak, due to electrocution.3. the adalat held that the .....
Tag this Judgment!Court : Karnataka Dharwad
..... principal secretary to govt. commerce and industries department bangalore. the order shows that there is clear and conscious application of mind and not an arbitrary or mechanical act. there is no flaw either in the decision making process or the decision. pursuant to the said order, respondent no.1 has issued and published the notification ..... is extracted hereunder: (language) the special land acquisition officer while discharging his duties as delegated to him u/s 28 (2 and 3) of kiadb act will don the role of a quasi judicial authority. if special land acquisition officers who have been entrusted with this important responsibility start taking the matters lightly, ..... the same and not as a matter of routine or mechanical exercise. both these circumstances sufficiently demonstrate compliance with the requirements of the section 28(4) of the act. (emphasis supplied) 14. in laxmanrao bapurao jadhav and another vs. state of maharashtra and others, (1997) 3 scc 493, apex court, while taking note .....
Tag this Judgment!Court : Karnataka Dharwad
..... /- principal secretary to govt. commerce & industries department bangalore. the order shows that there is clear and conscious application of mind and not an arbitrary or mechanical act. there is no flaw either in the decision making process or the decision. pursuant to the said order, respondent no.1 has issued and published the notification ..... the same and not as a matter of routine or mechanical exercise. both these circumstances sufficiently demonstrate compliance with the requirements of the section 28(4) of the act. (emphasis supplied) 14. in laxmanrao bapurao jadhav and another vs. state of maharashtra and others, (1997) 3 scc493 apex court, while taking note of local ..... b group along with i.a.1/13, this day, the court made the following:- :3. : order the petitioner is a company registered under the companies act. a tender notification for formation of by- pass road and truck terminal having been issued, the petitioner submitted tender along with the project report. the single window .....
Tag this Judgment!Court : Karnataka Dharwad
..... called for.5. perused the writ record and considered the rival contentions. point for consideration is, whether the tribunal has committed illegality in dismissing the suit?.6. wakf act, 1995 has come into effect, from 01.01.1986. section 6 relates to disputes regarding wakfs property and the same being relevant is extracted hereunder: :5. ..... expression any person interested therein , shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded ..... wakfs and the same being relevant is extracted hereunder: s.7. power of tribunal to determine disputes regarding wakfs.- (1) if, after the commencement of this act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in .....
Tag this Judgment!Court : Karnataka Dharwad
..... for. 5. perused the writ record and considered the rival contentions. point for consideration is, whether the tribunal has committed illegality in dismissing the suit? 6. wakf act, 1995 has come into effect, from 01.01.1986. section 6 relates to 'disputes regarding wakfs property' and the same being relevant is extracted hereunder: 6. disputes ..... expression "any person interested therein", shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though net interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded ..... and the same being relevant is extracted hereunder: s.7. power of tribunal to determine disputes regarding wakfs. - (1) if, after the commencement of this act, any question arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in .....
Tag this Judgment!Court : Karnataka Dharwad
..... and as such impugned notification would be ultra vires of his powers. he would submit that neither section 11 nor any other provision under the act empowers the chancellor who is a statutory authority to order for enquiry in respect of petitioner-university; such power which can be exercised by the state ..... initiate the proceedings against chancellor, writ petition is not maintainable since both chancellor and registrar being officers of the university as defined under section 10 of the act, present proceedings cannot be initiated by the registrar against the chancellor without obtaining previous sanction of the executive council. it is further contended that chancellor being ..... dated 19.12.2014, annexure-a. :4. :4. assailing the said notification and contending interalia that neither section 11 nor any other provision in the act confers power on the chancellor to appoint such committee to investigate into any irregularities, same is sought for being quashed. it is also the contention of .....
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