Court : Supreme Court of India
..... the central pollution control board (cpcb) as well as the state pollution control boards are directed to issue direction under section 5 of the environment (protection) act, 1986 and section 18 of the water (prevention and control of pollution) act, 1974 and air (prevention and control of pollution) act, 1981 to make it mandatory to obtain consent to establish and consent to operate for new petroleum outlets to be established in future 5 and even to those which are under the ..... in such circumstances, while holding that the national green tribunal has the power to direct the cpcb that it should exercise its powers under section 5 of the act 1986 for the purpose of protecting the environment, we are inclined to modify the impugned directions issued by the ngt, chennai as contained in para 69(iii) and 69(iv) resply of the ..... and soil quality monitoring within 36 petrol pump selling more than 300 kl/ month and more than 10 lakh population shall be conducted by omcs once in two years through e(p)act, 1986 approved labs for the following parameters from the nearest source and report submitted to spcb: permissible limit s.no.parameter permissible limit 1. ..... the materials on record, the only question that falls for our consideration is : (i) whether the ngt has the jurisdiction to direct the cpcb that it should in exercise of its powers under section 5 of the act 1986 make obtaining of the cte and cto resply mandatory for all the petroleum retail outlets across the country?. 14 20. .....
Tag this Judgment!Court : Karnataka
..... poornabodha rao, advocate for r-2; r-1 - served and un-represented) - 2 - mfa no.554 of 2020 **** this miscellaneous first appeal is filed under section1731) of the motor vehicles act, 1988, praying to modify/set aside the judgment and award dated0507-2019 in m.v.c.no.1224/2017, passed by the i additional district judge and mact-ii, mangaluru, (dk) and claim petition be allowed as prayed for by allowing this appeal in ..... ), (hereinafter for brevity referred to as "the tribunal") whose claim petition under section 166 of the motor vehicles act, 1988 (hereinafter for brevity referred to as the m.v. ..... act ) for compensation from the respondents herein came to be dismissed as devoid of merit by the tribunal vide its impugned judgment and award dated 05-07-2019. .....
Tag this Judgment!Court : Supreme Court of India
..... that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or state of things usually cease to exist, is still in existence; (e) that judicial and official acts have been regularly performed; (f) that the common course of business has been followed in particular cases; (g) that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) that if a ..... position include that parents are free within very broad limits to decide how to bring up their children, parents are thought to be most likely to act in their child's best interests, children generally lack the capacity to make fully competent decisions so someone else must, and state intervention is rarely appropriate ..... the respondent-husband and the high court also affirmed the same, forcing the wife to come up with the above appeal, contending that under section 112 of the indian evidence act, 18721, birth during marriage is conclusive proof of legitimacy and that no evidence to disprove the same can be allowed by the court. ..... s influence; as to illustration (d) it is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course; as to illustration (e) a judicial act, the regularity of which is in question, was performed under exceptional circumstances; as to illustration (f) the question is, whether a letter was received. .....
Tag this Judgment!Court : Karnataka
..... panel counsel contends that the bda being the statutory authority has to function under the provisions of 1976 act and therefore it cannot undertake any charitable activity like making donation that are not authorized by the statutory ..... she vociferously presses into service both the doctrine of estoppel under section 115 of the indian evidence act, 1872 and the doctrine of promissory estoppel vide apex court decision in union of india vs indo afghan agencies, air1968sc718 in support of her ..... contention of bda panel counsel that his client being a statutory authority cannot give any donation to anyone since it has to act as the trustee of the public funds, does not impress the court, even in the least. ..... the term donation has been defined in the corpus juris secundum (vol.28 page53) to mean an act by which the owner of a thing voluntarily transfers title and possession of the same from himself to another without any consideration; a gift or grant ..... a private trust registered under the provisions of indian trusts act, 1882 is grieving before the writ court against the bda s letter dated 19.11.2014 (annexure-m) whereby it is asked to pay back a sum of rs.50 lakh on the ground that such a donation could not have been made by the bda - an authority constituted under the bangalore development authority act, 1976 whilst renewing lease of the sites in question.3. ..... it hardly needs to be stated that the act and the rules promulgated thereunder provide for entering into lease transactions .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the case of ramkhiladi (supra), is held as under: in the view of the above and for the reasons stated above, in the present case, as the claim under section 163-a of the act was made only against the owner and insurance company of the vehicle which was being driven by the deceased himself as borrower of the vehicle from the owner of the vehicle and he would be in the shoes of ..... , the high court has rightly observed and held that such a claim was not maintainable and the claimants ought to have joined and/or ought to have made the claim under section 163-a of the act against the driver, owner and/or the insurance company of the offending vehicle, i.e. ..... for r2, r1 served) this appeal is filed under section u/s.173 (1) of motor vehicles act, against the judgment and award dated0502.2019 passed in mvc no.82/2017 on the file of the senior civil judge and motor accident claims tribunal, gangavathi, dismissing the claim petition for compensation and seeking ..... this petition was filed under section 163-a of the m.v.act. ..... therefore, petition is not maintainable and legal heirs of the deceased cannot claim compensation under section 163-a of m.v.act. ..... this petition was filed under section 163-a of m.v.act.5. .....
Tag this Judgment!Court : Karnataka
..... case in substance is not 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. ..... code is couched, leaves no manner of doubt that when a case is tried as a summary case, a magistrate, who succeeds the magistrate who had recorded the part or whole of the crl.r.p.no.773/2013 9 evidence, cannot act on the evidence so recorded by his/her predecessor. ..... the court of the xiii additional chief metropolitan magistrate, bangalore (hereinafter for brevity crl.r.p.no.773/2013 3 referred to as the trial court ) for the offence punishable under section 138 of the negotiable instruments act, 1881 (hereinafter for brevity referred to as the n.i. ..... , 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 & ..... act to try a summary case as a summons case, proceeded to set aside the impugned judgment of conviction passed by the trial court and remanded to the trial court for a de- novo trial ..... act prescribes the proceedings for the alleged offences to be tried as a summary trial, however, the matter in the trial court was tried ..... act and sentenced the accused no.2 to pay a fine of `66,49,881/- and in default of the payment of the said fine amount, to undergo simple imprisonment for a .....
Tag this Judgment!Court : Karnataka
..... is not warranted; 18 (d) certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government.24. ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts, but this discretionary power must be exercised with a great deal of restraint ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of restraint ..... made by the authority is mala fide or intended to 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. ..... state of orissa, (2007) 14 scc517 , this court noted : ..... state of orissa, (2007) 14 scc517 it was held: ..... of orissa, (2007) 14 scc517 . ..... of orissa, (2007) 14 scc517 *** ..... of orissa, (2007) 14 scc517 .....
Tag this Judgment!Court : Karnataka
..... sunil and another (2000 air scw4398 as regards the scope of section 100 of the evidence act and section 27 of the evidence act relating 17 to recovery and seizure of articles made in pursuance of statement by accused. ..... according to section 9 of the indian evidence act, facts which establish the identity of an accused are relevant facts. ..... as per section 9 of the evidence act, facts which establish the identity of an accused are relevant. ..... in pursuance of the act of the accused and based on the complaint made by pw-1, criminal law was set into motion by recording an fir as per exhibit p-14. ..... therefore, domain is vested with the trial court to appreciate the evidence under 29 section 3 of the indian evidence act, 1872. ..... it is held that mere absence of independent witnesses is not a ground to discard seizure evidence under section 27 of the evidence act. .....
Tag this Judgment!Court : Karnataka
..... prays this hon ble court be pleased to quash the proceedings in crime no.21/2018 of respondent vijayanagar police registered on the basis of offences punishable under section 134(a & b) and 187 of motor vehicles act and section 279, 428 and 429 of ipc, which is pending on the file of hon ble metropolitan magistrate traffic court-ii, at bengaluru in c.c.no.5016/2018, in the ends of justice .2. ..... the proceedings in crime no.21/2018 registered by vijayanagar police station, for the offences punishable under sections 134(a) and (b) and 187 of motor vehicles act, 1988 and sections 279, 428, 429 of indian penal code pending on the file of metropolitan magistrate traffic court-ii, bengaluru in c.c.no.5016/2018 and all orders passed ..... r2) this criminal petition is filed under section482of cr.p.c, praying to quash the proceedings in cr.no.21/2018 of respondent vijayanagar police registered on the basis - 2 - crl.p no.1133 of 2019 of offences punishable under section134a & b) and187of motor vehicles act and section279 428 and429of ipc, which is pending on the file of hon ble metropolitan magistrate traffic court-ii, at bengaluru in c.c.no.5016/2018. ..... having come to a conclusion that there is no offence made out under section 134 (a) and (b) of m.v.act, section 187 of m.v.act, section 279 of ipc as also under section 428 and 429 of ipc, i am of the considered opinion that the continuation of the criminal proceedings would only be an abuse of process of court and would cause injustice .....
Tag this Judgment!Court : Karnataka
..... nitya kalyani, advocate for r5) the cmp is filed under sec.11(6) of the arbitration and conciliation act1996 praying to exercise its jurisdiction and power under section116) of the arbitration and conciliation act, 1996 and to appoint an arbitral tribunal consisting of sole arbitrator to adjudicate and resolve the disputes that have arisen under the shareholders agreement dated2701/2014 as per annexure-a between the petitioner and ..... connection with the appointment of conciliators, and in particular, (a) a party may request such an institution or person to recommend the names of suitable individuals to act as conciliator; or (b) the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person: provided that in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and, ..... 469 of 2022 (2) the parties may agree to enlist the assistance of the centre and request the centre to recommend the names of suitable individuals to act as conciliator(s) or the parties may agree that the appointment of one or more conciliator(s) be made directly by the centre 9. ..... in terms of section 61 relating to conciliation which comes under part-iii of the a&c act, the conciliation proceedings are deemed to have commenced when one party were to send a written invitation to the other to conciliate .....
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