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
..... karnataka appellate tribunal and the land being restored to its owner. the doctrine of frustration of contract is enacted inter alia in sec.56 of the indian contract act, 1872, which employs the word impossible . the super meaning impossibility in the performance of contract has to be construed in its practical and not literal sense vide ..... this court, the state government has thought it fit to convey alternative land and therefore, this is one other instance, which would indicate that the state government is acting arbitrarily insofar as the sale transactions are concerned. hence, the petitioner would have to be given his due.-. 3 - nc:2024. khc:17767-db wa no.1640 ..... , bengalore-560 052. respondent (by sri.k.n.phaneendra, sr. counsel sri. yadupathi g., advocate) this writ appeal is filed u/s4of the karnataka high court act praying to set aside the order passed in the writ petition20612016 dated1702/2016 cf sufficient appeal out of time. this appeal coming on for orders, this day, krishna s .....
Tag this Judgment!Court : Karnataka
..... conduct of proceedings and not to show any partisan attitude towards anybody. the submissions that are made by the resolution professional before this court are clearly an act of overstepping the jurisdiction.16. i have given my anxious consideration to the submissions made by the learned senior counsel for the respective parties, other counsel ..... security interest created by the corporate debtor in respect of its property including any action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. ..... to condone the delay and place the resolution plan submitted by svamitva landmarks before the committee of creditors. according to the nclt, the resolution professional had acted in breach of regulation 36(2)(b) of the regulations and therefore, the application was to be allowed.24. in respect of i.a.no.161 .....
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..... court is erroneous and erroneously comes to the conclusion that plaintiff fail to establish that it was duly attested as contemplated under section 63 of indian succession act and regarding granting of mandatory injunction is concerned, it is the contention of the defendant that he had put up the construction of the house even prior ..... extrinsic evidence inadmissible in case of patent ambiguity and deficiency and proof of execution of document required by the law to be attested under section 68 of the act. the counsel also brought to notice of this court paragraph nos.36, 37 and 39 wherein discussed with regard to answering suspicious circumstances when there is thick ..... execution of the will (ex.p4) by honnegowda and further, failed to prove due attestation of the same as contemplated under section 68 of the indian evidence act?. (iv) whether the lower appellate court was justified in allowing the appeal of the defendant and thereby setting aside the judgment and decree of the hon'ble .....
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..... 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
..... tilak nagar police station, chembur tilak nagar mumbai-400089 3. the sain processing and weaving mills pvt. ltd., a company incorporated under the companies act, 1956 having its office at3d floor, executive office hotel sahara star vile parle mumbai maharastra-400021 presently represented by its authorized signatory dwarakanath govind4 sri jageshwar ..... kapila marga siddarthanagar mysore-570011 petitioner (by sri l. srinivasa babu, advocate) and:1. sahara prime city ltd., a company incorporated under the companies act, 1956 having its office at3d floor, executive office hotel sahara star vile parle mumbai maharastra-400021 presently represented by its authorized signatory sri k.b.nagaraj ..... rule 1 and 2 of cpc restraining defendants, their agents, servants or any persons acting on behalf of the defendants are restrained from alienating the suit schedule property either by their own acts or through the acts of such of those persons instructed by the defendants to anyone pending disposal of the .....
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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