Court : Karnataka
..... 2 . sri harsha n., s/o t.s.nataraj, aged about35years, r/at no.9, preethi cottage, 6th main road, mahalakshmi nagar, tumakuru 572 103. 3 . smt.n.seema s/o t.s.nataraj, aged about31years, r/at no.9, preethi cottage, 6th main road, mahalakshmi nagar, tumakuru 572 103. ... petitioners (by sri ashok haranahalli, sr.advocate a ..... such on 29-12-2017.3. a notice under the securitisation and reconstruction of financial assets and enforcement of security interest at, 2002 (hereinafter referred to as the act for short) was issued upon the petitioner seeking to discharge liabilities within 60 days from the date of the said notice. when the petitioner did not comply with ..... the subsequent judgment considering mathew varghese in 20 dwarika prasad v. state of uttar pradesh and others2 (supra) holds as follows:8. section 13(8) of the sarfaesi act provides as follows: 13. (8) if the dues of the secured creditor together with all costs, charges and expenses incurred by him are tendered to the secured creditor .....
Tag this Judgment!Court : Karnataka
..... apart from the above three first information reports, there are other materials based upon which they have initiated the proceedings under the prevention of money-laundering act. hence, in our view, when the calendar cases which culminated from the said two first information reports also have been stayed, the respondent department ..... offence. it is concerning the process or activity connected with such property, which constitutes the offence of money-laundering. the authorities under the 2002 act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the ..... india4bangalore zonal office3d floor, block-b bmtc building shanthinagar k.h.road bengaluru 560 027. 4 . the registrar/administrative officer adjudicating authority prevention of money laundering act and pmla, room no.26, 4th floor jeevan deep building parliament street new delhi 110 001. ... respondents (by sri madhukar deshpande, advocate) this writ .....
Tag this Judgment!Court : Karnataka
..... not be a legal heir. therefore, the legislature has cautiously used the word the person or persons and not the parties. therefore, while awarding compensation under the act, the test should be of dependency upon the bread winner of the family and not necessarily blood relationship or family relationship. a legal representative in a given case ..... high court discussed with regard to the legal representative in the context of claim application and held that it has to be construed liberally as motor vehicles act is a beneficial as well as social legislation and 27 question also raised whether all persons who are dependent upon the earning member of the family are ..... representative and dependants of their deceased father and legally entitled to compensation and also held that it is open for the court to ensure that provisions of an act are construed in a manner which advances the object and 28 legislative intent and for the purpose adopt purposive interpretation.28. in the case on hand also .....
Tag this Judgment!Court : Karnataka
..... not be a legal heir. therefore, the legislature has cautiously used the word the person or persons and not the parties. therefore, while awarding compensation under the act, the test should be of dependency upon the bread winner of the family and not necessarily blood relationship or family relationship. a legal representative in a given case ..... high court discussed with regard to the legal representative in the context of claim application and held that it has to be construed liberally as motor vehicles act is a beneficial as well as social legislation and 27 question also raised whether all persons who are dependent upon the earning member of the family are ..... representative and dependants of their deceased father and legally entitled to compensation and also held that it is open for the court to ensure that provisions of an act are construed in a manner which advances the object and 28 legislative intent and for the purpose adopt purposive interpretation.28. in the case on hand also .....
Tag this Judgment!Court : Karnataka
..... city is hereby set aside. ii. respondent no.1 - plaintiff is directed to estimate the specified value in accordance with section 12 of the commercial courts act, 2015 in respect of the suit before the trial court. iii. the trial court upon such estimation by the plaintiff shall determine whether the specified value ..... in not appreciating the aforementioned fact and has passed the impugned order by holding that valuation as per the provisions of karnataka court fees and suits valuation act, 1958 is less than three lakh - 10 - crp no.545 of 2022 rupees and thus the jurisdiction to try the same, which is erroneous. ..... xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; section 6 of the act reads as under:6. jurisdiction of commercial court.- the commercial court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a .....
Tag this Judgment!Court : Karnataka Dharwad
..... court observed thus:110. the summary of our findings to the various issues as raised in these petitions are as follows: (i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor ..... vehicles. the provisions of compulsory insurance coverage of all vehicles are with this paramount object and the provisions of the act have to be so interpreted as to effectuate the said object. (ii) insurer is entitled to raise a defence in a claim petition filed under section 163a ..... policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section 149(2) of the act. (vii) the question as to whether the owner has taken reasonable care to find out as to whether the driving licence produced by the driver, (a fake one .....
Tag this Judgment!Court : Karnataka
..... agreement it is stated that:12. 3. the management of municipal solid waste (msw) is an obligatory function of the corporation under the karnataka municipal corporation act, 1976. the corporation invited competitive proposals from eligible builders to carry out various activities in - 100 - wp no.28392 of 2018 accordance with the municipal ..... and 12 of the clra, which have been reproduced hereunder for easy reference:10. prohibition of employment of contract labour. (1) notwithstanding anything contained in this act, the appropriate government may, after consultation with the central board or, as the case may be, a state board, prohibit, by notification in the official ..... or by necessary implication, or substituting remedy or benefits for that provided by the legislature. we have already noticed above the intendment of the clra act that it regulates the conditions of service of the contract labour and authorizes in section 10(1) prohibition of contract labour system by the appropriate .....
Tag this Judgment!Court : Karnataka
..... wages between highly skilled and unskilled labourer may have to be considered by the tribunal while assessing the income of the deceased. the wages under the minimum wages act serve as the guidance and depending on the educational, economic conditions and age, the tribunals have to consider the notional income.33. coming to the question whether ..... us) 26. again, in the case of smt. neeta and others v. divisional manager msrtc kolhapur 5, it was held that "minimum wages prescribed under the minimum wages act, may be considered" and accordingly, the compensation was assessed by the court.27. further, the decision in the case of the kala devi and others v. bhagwan das ..... the compensation arrived at by the tribunal is to be reduced. it is also contended that, at the most, the income that was considered under the minimum wages act, for an unskilled labourer could be considered by this court, while assessing the compensation.16. in the light of the above submissions made by both the sides, this .....
Tag this Judgment!Court : Karnataka
..... the hon ble dr. justice h.b. prabhakara sastry criminal revision petition no.773 of2013between: m/s. pradhan mercantile pvt.ltd., a company registered under the companies act having its registered office at no.735/3/11-12 near oxford college off hosur main road bommanahalli, begur hobli, bangalore 560068 represented by its general manager & authorized ..... interference at the hands of this court?.9. learned counsel for the complainant (revision petitioner) in his argument submitted that, though section 143 of the n.i. act prescribes the proceedings for the alleged offences to be tried as a summary trial, however, the matter in the trial court was tried as a regular trial. for ..... tried in the summary, where though triable summarily and is tried as a regular summons case, the successor magistrate need not hear the case de novo and can act on evidence recorded by his predecessor to decide the case.15. the hon ble apex court, to ensure speedy disposal of the cheque dishonor cases, issued several .....
Tag this Judgment!Court : Karnataka
..... company that the insured vehicle was not having valid registration on the date of the accident and there was breach of policy terms and violation of provisions of motor vehicles act. having considered the material on record, held that on the date of the accident on 06.12.2011, the vehicle had no valid registration number. it amounts to ..... insurer. the court can also fasten the absolute liability on the insurer, if there is any breach of condition which is enumerated under section 149(2) of the act or any other condition of the policy if the insurance company has waived breach of any such condition or has taken the special responsibility to pay by collecting extra premium ..... by sri o. mahesh, advocate for r1; notice to r2 is dispensed with vide order dated2805.2021; r3 is served) this m.f.a. is filed under section1731) of mv act against the judgment and award dated2004.2013 passed in mvc no.717/2011 on the file of the i additional senior civil judge, mact-5, davangere, partly allowing the claim .....
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