Court : Karnataka Dharwad
..... with impunity forever and the employee who has been found guilty of misconduct would go scathe free. that would not auger well to the rule of law, which requires protection of the innocent and punishing of the guilty. otherwise, the interest of administration would be badly affected. added, the lokayukta is not a busy body; it is ..... needs to be mentioned in so many words: we have come across several cases wherein the action of lokayukta made under the provisions of section 12 of the 1984 act or that of its delegates viz., the registrars of enquiries having been faltered, relief has been granted to the delinquent employees. there are other cases wherein the ..... contra. in a case involving quashment of government order made under rule 14a, the matter almost invariably goes back to the stage of section 12(3) of the 1984 act, unless the tribunal/court expressly says otherwise, and therefore, such cases need to be treated as of remand. it is highly desirable that the quashment orders, whatever .....
Tag this Judgment!Court : Karnataka Dharwad
..... the petitioner being the woman employee is entitled for the benefit under the act, 1961. (d) he also referred to the provisions of the contract labour (regulation and abolition) act, 1970 (for short the act, 1970 ) and submitted that the respondent state cannot deny the protection envisaged under the said act from the petitioner being exploited.-. 13 - nc:2024. khc-d:10643 wp ..... as a mere concept or an ideal, but the same ought to be practised in every sphere of life and be treated by the law courts as a constitutional mandate since the law courts exists for the society and required to act as a guardian- angel of the society. as a matter of fact the socialistic concept of society is ..... of opportunity. the primary impact of socialism as a matter of fact is to offer and provide security of life so that the citizens of the country may have two square meals a day, and maintenance of a minimum standard of life, it is expected, would lead to the abridgment of the gap between the have-s and have not .....
Tag this Judgment!Court : Karnataka Dharwad
..... to pay compensation.56. looking to the discussions made in the case of mukund dewangan by the hon ble apex court, the object of the motor vehicles act is to protect the interest of victims of an accident and awarding just and reasonable amount of compensation. the insurer cannot disown its liability to pay compensation to victims of accused ..... the natural corollary is that the advantage which accrues to the estate of the deceased or to his dependents as a result of some contract or act which the deceased performed in his life time cannot be said to be the outcome or result of the death of the deceased even though these amounts may go into the hands ..... by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather than defeats the purpose of the legislation. the provision has therefore to be interpreted in the twilight .....
Tag this Judgment!Court : Karnataka Dharwad
..... to pay compensation.56. looking to the discussions made in the case of mukund dewangan by the hon ble apex court, the object of the motor vehicles act is to protect the interest of victims of an accident and awarding just and reasonable amount of compensation. the insurer cannot disown its liability to pay compensation to victims of accused ..... the natural corollary is that the advantage which accrues to the estate of the deceased or to his dependents as a result of some contract or act which the deceased performed in his life time cannot be said to be the outcome or result of the death of the deceased even though these amounts may go into the hands ..... by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather than defeats the purpose of the legislation. the provision has therefore to be interpreted in the twilight .....
Tag this Judgment!Court : Karnataka Dharwad
..... to pay compensation.56. looking to the discussions made in the case of mukund dewangan by the hon ble apex court, the object of the motor vehicles act is to protect the interest of victims of an accident and awarding just and reasonable amount of compensation. the insurer cannot disown its liability to pay compensation to victims of accused ..... the natural corollary is that the advantage which accrues to the estate of the deceased or to his dependents as a result of some contract or act which the deceased performed in his life time cannot be said to be the outcome or result of the death of the deceased even though these amounts may go into the hands ..... by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather than defeats the purpose of the legislation. the provision has therefore to be interpreted in the twilight .....
Tag this Judgment!Court : Karnataka Dharwad
..... be an opinion formed by the commissioner that for the purpose of protecting the interest of the government revenue during the pendency of any proceedings of assessment or reassessment, it is necessary to attach provisionally any property ..... , the order of provisional attachment can be passed by the commissioner when the commissioner is of the opinion that for the purpose of protecting the interest of the government revenue, it is necessary so to do. therefore, before passing the order of provisional attachment, there must ..... act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression ' civil consequences' encompasses infraction of not merely property or personal rights but of civil liberties, material deprivations, and non-pecuniary damages. in its wide umbrella comes everything that affects a citizen in his civil life .....
Tag this Judgment!Court : Karnataka Dharwad
..... be an opinion formed by the commissioner that for the purpose of protecting the interest of the government revenue during the pendency of any proceedings of assessment or reassessment, it is necessary to attach provisionally any property ..... , the order of provisional attachment can be passed by the commissioner when the commissioner is of the opinion that for the purpose of protecting the interest of the government revenue, it is necessary so to do. therefore, before passing the order of provisional attachment, there must ..... act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression ' civil consequences' encompasses infraction of not merely property or personal rights but of civil liberties, material deprivations, and non-pecuniary damages. in its wide umbrella comes everything that affects a citizen in his civil life .....
Tag this Judgment!Court : Karnataka Dharwad
..... be an opinion formed by the commissioner that for the purpose of protecting the interest of the government revenue during the pendency of any proceedings of assessment or reassessment, it is necessary to attach provisionally any property ..... , the order of provisional attachment can be passed by the commissioner when the commissioner is of the opinion that for the purpose of protecting the interest of the government revenue, it is necessary so to do. therefore, before passing the order of provisional attachment, there must ..... act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression ' civil consequences' encompasses infraction of not merely property or personal rights but of civil liberties, material deprivations, and non-pecuniary damages. in its wide umbrella comes everything that affects a citizen in his civil life .....
Tag this Judgment!Court : Karnataka Dharwad
..... the board in sending the petitioner to child court and not trying him as a juvenile is contrary to section 25 of the juvenile justice (care and protection of children) act, 2015 ( the act for short) and is seeking quashment of entire proceedings, which according to the learned counsel for the petitioner is wholly without jurisdiction. 55. the learned counsel ..... x- ray ossification test can by no means be so infallible and accurate a test as to indicate the correct number of years and days of a person's life.14. we do not find any merit in the arguments advanced by the appellant. the medical report in support of the bail order is not available. such order granting ..... . facts, in brief, are as follows:- the petitioner, as averred in the petition, is an uneducated boy and has never attended the school at any point in his life. the school records of the petitioner are, therefore, not available. he gets embroiled in a crime in crime no.116 of 2016 for offences punishable under sections 376 and .....
Tag this Judgment!Court : Karnataka Dharwad
..... rescue the deceased. though the accused were four in number, anybody would not dare beyond a limit to risk one s own life. in fact injury sustained by pw2 shows his attempt to interfere for the protection of the deceased. it is not as though a sharp edged weapon does not cause an abrasion, it depends on intensity ..... injuries reflects the state of mind of the accused. it was not a mind that had calculatedly decided to kill someone but an enraged state of mind driven wild with pain and anger, and completely deprived of self control. in the charge sheet it is clearly mentioned that the accused resorted to killing basavaraj and sangeeta enraged ..... between provocation and assault; the real and substantial question is whether there was time and opportunity for the accused to cool down and break free from provocation. premeditated acts of murder are normally accompanied either by an attempt to kill secretly, or an attempt by the accused to shield themselves and to conceal the offence. these elements .....
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