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 : Supreme Court of India
..... purchaser cannot challenge the validity of the notification or the irregularity in taking possession of the land.45. we may also refer to the delhi lands (restrictions on transfers) act, 1972 ( 1972 act , hereafter) which imposes certain restrictions on transfer of lands which have been acquired. section 3 prohibits the transfer of any land acquired by the central government under the ..... listing in the week commencing 22nd july, 2024: a) dda vs. gita sabharwal [diary no.21746/2022].; b) dda vs. narendar kumar [diary no.674/2023, ma].; c) dda vs. bal kishan [diary no.5711/2023, ma].; d) dda vs. ishaaq [diary no.1713/2023, ma].; e) dda vs. abhishek jain [diary no.40951/2022, ma].; f) dda vs. m ..... 1. dda vs. gita sabharwal11has been issued either on [diary no.21746/2022]. delay or on merits 2. dda vs. narendar kumar [diary no.674/2023, ma].3. dda vs. bal kishan [diary no.5711/2023, ma].4. dda vs. ishaaq [diary no.1713/2023, ma].5. dda vs. abhishek jain [diary no.40951/2022, ma].6. dda vs. m .....
Tag this Judgment!Court : Supreme Court of India
..... presiding officer of the court and so also of the complainant ashok kumar pathak. three more witnesses, namely, head constables mohan lal and surender kumar and inspector bal kishan were also examined on oath in proceedings under section 299 crpc.29. in this background, the fervent submission of the learned counsel for the appellant that ..... under section 299 crpc was rightly relied upon as admissible and reliable piece of evidence. the non-examination of ashok kumar pathak during trial is not a deliberate act of prosecution, rather, the witness could not be examined during regular trial after apprehension of the accused appellant. the witness could not be traced by the ..... by showing him to be an absconder. as per the prosecution case, the complainant ashok kumar pathak, head constables mohan lal and surender kumar and inspector bal kishan were examined on oath in proceedings under section 299 crpc and the file was consigned to the record room.10. the accused appellant could be apprehended .....
Tag this Judgment!Court : Karnataka
..... by the assured with the insurer. when the goods were damaged in an accident, the assured, as the consignor consumer, could certainly maintain a complaint under the act, seeking compensation for the loss, alleging negligence and deficiency in service. the fact that in pursuance of a contract of insurance, the assured had received from the ..... of - 15 - nc:2024. khc:16835 mfa no.894 of 2020 income to be suffered by them to maintain a claim for compensation under the 1988 act. xxxxxxxxxxxxx 24. rule 5 broadly deals with two aspects. firstly, to compensate the dependants of the deceased government employee by granting ex gratia financial assistance on compassionate ..... while awarding just and reasonable compensation. 5.1 it is vehemently contended by learned counsel for respondent-insurance company that the very object of the motor vehicles act is for awarding just and reasonable compensation to the victims in the cases of injury and death caused in the road traffic accident for the loss suffered .....
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 .....
Tag this Judgment!Court : Karnataka
..... 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 .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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 .....
Tag this Judgment!Court : Supreme Court of India
..... hearing. it clearly appears from the above facts of the case that selection of the petitioners has been made contrary to the provisions of madhya pradesh panchayat raj act, 1993 and principles prescribed for the selection. in the above situation, the order dated 02.06.1999 passed by the collector, chhatarpur is not liable to ..... religious, linguistic, regional, caste or sectional diversities; or (iii) the dignity of women; or (b)gross negligence in the discharge of the duties under this act; [(c) the use of position or influence directly or indirectly to secure employment for any relative in the panchayat or any action for extending any pecuniary benefits to ..... duties under the above section and in such circumstances, if it is done, then office bearers of the panchayat could be terminated. in section 100 of the act, acquisition of any interest by any member office bearer or employee directly or indirectly in any contract or any employment made is strictly prohibited. in the present .....
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 .....
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