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 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
..... are entitled?" additional issues: "1. whether the referred dispute is an industrial dispute within the meaning of section 2 (k) or section 2 (a) of the id.act? 2. whether the reference is maintainable in view of the closure of the respondent establishment w.e.f.15.02.1997? 3. whether there is any industrial dispute, ..... the petitioner/'employees before the closure; that the dispute raised by the petitioners comes within the definition of industrial dispute as defined under. section 2 (k) of the act; that having closed the industrial unit, the benefit of the vrs should have been extended to the petitioners and even that has not been extended to them. the ..... on a claim being set up by the union, a reference was made to the labour court under section 10 (1) (c) of the industrial disputes act, (for short 'the act'). the reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the management by illegally closing the industrial unit?' .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the offending vehicle did not possess a valid driving licence, necessarily he must be have been accused under section 3 r/w. section 181 of the motor vehicles act, 1988 in the charge sheet. but in the instant case, since the respondent insurance company is trying to prove that the document being produced by it through ex ..... 2008 acj1928 in the said case, the hon ble supreme court, while dealing with an appeal arising out of section 149(2) (a) (ii) of motor vehicles act, 1988, where the dispute was with respect to possessing of the driving licence and the liability of the insurance company, was pleased to observe that, in the case before ..... these appeals coming on for final hearing this day, the court delivered the following: common judgment both these appeals have been filed under section 173(1) of the motor vehicles act, 1988, assailing the judgment and award passed by the presiding officer, fast track court iv and mact, belagavi (henceforth referred to as the tribunal , for brevity) in .....
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..... another that pension being a pecuniary advantage receivable by 10 the heirs on account of ones death, such amount will not come within the periphery of the motor vehicles act to be termed as a pecuniary advantage liable for deduction . in his support, the learned counsel for the appellants has relied upon a decision of our hon ..... for pronouncement of judgment, this day, dr h.b.prabhakara sastry j, pronounced the following: judgment this appeal is filed under section 173(1) of the motor vehicles act, 1988, seeking enhancement of compensation awarded by the principal senior civil judge and motor accident claims tribunal, belgaum (hereinafter referred to as the tribunal for short), by its ..... bangalore 52. respondents (by shri. s.k.kayakamath, advocate for r-2, r1 notice dispensed with) this mfa is filed under section 173 (1) of m.v. act, 1988, against the judgment and award dated 10.10.2011 passed in mvc no.1001/2010 on the file of principal senior civil judge and member, mact, belgaum, partly .....
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..... -state by way of ordinance bearing no.2/2020 has brought in amendment to sections 179 and 180 of karnataka grama swaraj and panchayat raj amendment act, 1993(karnataka act 14 of 1993) whereby the length of time of moratium which was earlier 30 months is reduced to 15 months. the second proviso to section 25 ..... appearing for the petitioners, it is clearly forthcoming that the petitioners have some legal right to seek no- confidence motion against the respondent no.4. the act clearly contemplates corresponding legal duty upon the 46 respondents. i am also of the view that the petitioners have no alternative and efficacious remedy and the representations ..... is virtually seeking permission from the first respondent to preside over the no-confidence motion. the second respondent derives the authority under section 180(6) of the act and hence question of seeking an explanation from the first respondent appears to be unwarranted. there is inaction on the part of second respondent. the public .....
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..... for the use of the litigant public and members of the bar) earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, are - 74 - taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature. any ..... therefore, protected.19. second objection regarding maintainability of the writ petition on this - 71 - ground that high court bar association being registered under societies registration act is not amenable to writ jurisdiction under article 226, constitution of india, it will suffice to mention that at this stage writ petition does lie and ..... use of common spaces, allotment of commercial spaces, their identification, earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, 1961, are taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature.31. considering the .....
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..... document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the indian succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity ..... bench of the supreme court of india in the case of shashi kumar vs. subodh kumar reported in air1964sc529 while dealing with section 63 of the indian succession act, held that the principles which govern the proving of a will and mode of proving a will does 22 not ordinarily differ from that of proving any other ..... of the defendants to deprive the plaintiff of her legitimate entitlement and greed of the defendants. learned counsel submits that this itself is sufficient to prove that defendants have acted to the detriment of the widow of sri.ashok hulyalkar, only to knockoff the share which she would inherit through her husband. it is another matter that in .....
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..... passed. order the petition is dismissed. the pending investigation shall be carried out by the inspector, cen police, belagavi as per section 78 of the information technology act, 200 by an inspector of police and file appropriate report in accordance with law. the observations made by this court during the course of this order shall not ..... anything contained in the code of criminal procedure, 1973 (2 of 1974), a police officer not below the rank of inspector shall investigate any offence under this act.11. on careful consideration of the language and wordings employed in the said section by the legislature, it is crystal clear that there is no bar to ..... of the case.6. in view of the rival contentions of the parties, this court perused the material on record meticulously.7. section 66e of the information technology act, 2000 reads as under:"66e. punishment for violation of privacy whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person .....
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