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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: karnataka Year: 2011 Page 1 of about 152 results (0.023 seconds)

Mar 10 2011 (HC)

The New India Assurance Co. Ltd. by Its Divisional Manager Vs. Kum. Ge ...

Court : Karnataka

Decided on : Mar-10-2011

..... that is the cause of action for the appellant-insurance company. 9. general insurance was nationalized in the year 1972 and simultaneously were introduced the provisions in the motor vehicles act, 1939, providing for constitution of specialized tribunals known as motor accidents claims tribunal, an informal forum before which the victims of motor accidents could go for claiming compensation before an ..... and tribunals and virtually defeating the very purpose of providing expeditious remedy and therefore the business of general insurance was nationalized and it was expected that the insurance company would act in a fair manner, being a public and central government owned organization would abide by the laws and procedures, would not give scope for the victims of road accidents ..... a due compensation etc. 12. it is to achieve such laudable twin objects and purpose, the motor accidents claims tribunal are functioning under the provisions of the motor vehicles act and by applying the general principles of law of tort. 13. it is rather unfortunate that the legislature did not take care for providing a codified method of quantification of ..... the passengers traveling in a non-commercial vehicle are left high and dry; are not provided with any solace or succor which again appears to be illogical or one of acting in an irrational manner of dealing with same situation i.e., meting out differential treatment to like persons who are victims without any effort or contribution on their part whether .....

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Jul 19 2011 (HC)

M/S Oriental Insurance Company Ltd Now Represented by Its Divisional O ...

Court : Karnataka

Decided on : Jul-19-2011

..... , then the very purpose of classification of vehicle as goods vehicle and public service transportation vehicle. such contract is opposed to public policy and motor vehicle act. 15. imt 14 however, has been considered by this court also in mfa no.4064/2004 at paragraphs 8 and 9 which reads as under: ..... this policy. 14. imt14 refers to cover the risk of the persons who are other wise not statutorily covered under section 147 of motor vehicle act, namely a person not being an employee of the insured not carried for hire or reward. it is true that incidentally, in connection with transportation ..... vehicle from carrying any passenger. this is clear from the expression in additional to passengers as contained in definition of goods vehicle in the old act. the position becomes further clear because the expression used is goods carriage is solely for the carriage of goods. carrying of passengers in a goods ..... the risk of such persons by entering into a contract. 11. as far as goods vehicle is concerned, definition under section 2(14) of the act was considered by the apex court, it is held that the goods vehicle is not meant for transporting passengers. in the matter of national insurance company ..... that vehicle in question is a goods vehicle meant for transporting the goods only, as such, persons as specified under section 147 of the motor vehicle act are only the persons authorized to travel in the goods vehicle, not others. even, if there is a contract, contract must be in consonance .....

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Apr 21 2011 (HC)

Lokesh Vs. A.P. Devi and Another

Court : Karnataka

Decided on : Apr-21-2011

..... claimant was not working as a loader/unloader in the offending lorry deserves to be accepted. however, based on the statement made before the police as per ex.r.2 which has been extracted by the tribunal in paragraph 20 of the judgment and award it has come to a ..... came to be dismissed. 13. the accident in question took place on 16-11-1997 i.e., after coming into operation of amendment act of the act of 1988. insurance company would be liable to pay compensation for injuries sustained by the owner of the goods or his authorised representative travelling in ..... 140. thus, legal liability would mean and include liability under the motor vehicles act. section 147 stipulates the requirements of the policy and limits of liability there under. under sub-section (5) of section 147 which is a ..... and limitation of this policy. 16. the contract of insurance policy is issued to meet the requirement of chapter x and xi of the motor vehicles act. the liability as defined under clause (c) of section 145 includes liability in respect of payment of compensation as required to be paid under section ..... those classes of persons (emphasis supplies by me) imt 13: legal liability to non-fare paying passengers other than statutory liability except the fatal accidents act, 1855 (commercial vehicles only) in consideration of the payment of an additional premium of rsand notwithstanding anything to the contrary contained in section 11-1 .....

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May 23 2011 (HC)

A. Aravind Son of C Arivanathan. Vs. A. Arun and ors.

Court : Karnataka

Decided on : May-23-2011

..... that on account of y2k problem in the computer, year 200u is shown as oooo". in addition to that, claimant has produced ex.p-7 police notice issued to him wherein col.no.9 discloses that the lorry in question was not insured and that there was no insurance policy. since vehicle ..... court in general assurance society ltd. vs . chandmull jain and another (a.i.r. 1966 sc.-1644) wherein it is held as under: m(a) insurance act (1938), preamble - deed -construction - contract of insurance -ambiguity - in case of ambiguity or doubt contract is to be construed contra proferentem that is against insurance ..... issued the policy of insurance upon receipt only of a cheque towards the premium in contravention of the provisions of sec.64-vb of the insurance act. the public interest that a policy of insurance serves must, clearly, prevail over the interest of the appellant." according to us, this judgment has ..... held as under: "9. the policy of insurance that the appellant issued was a representation upon which the authorities and third parties were entitled to act. the appellant was not absolved of its objections to third parties under the policy because it did not receive the premium. its remedies in this ..... appellant has relied upon the judgment of the hon'ble supreme court in and othe judgment oriental insurance co. ltd. vs. premlata shukla and others (2007 act-1928) . para-15 of the said reads as hereunder: "15. a party objecting to the admissibility of a document must raise its objection at the .....

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May 23 2011 (HC)

A. Aravind Vs. A. Arun and Others

Court : Karnataka

Decided on : May-23-2011

..... and his brother fell down and sustained grievous injuries and he was shifted to victoria hospital for treatment. a case was registered by the chamarajpet police against the driver of the lorry and he was charge-sheeted for an offence under sec.379 r/w 338 of ipc. driver of the ..... court in general assuracne society ltd. vs. chandmull jain and another (a. i. r. 1966 sc. 1644) wherein it is held as under: (a) insurance act (1938), preamble dead construction contract of insurance ambiguity in case of ambiguity or doubt contract is to be construed contra preferentem that is against insurance company ..... this court in oriental insurance co. ltd. vs. gowramma and others (1993 (3) kar. l.j.-355) wherein it is held as under: motor vehicles act, 1939, sec. 95(2)(b) third party claim whether statutory liability of the insurer is limited to rs.50,000/- - whether any amount over and ..... issued the policy of insurance upon receipt only of a cheque towards the premium in contravention of the provisions of sec. 64-vb of the insurance act. the public interest that a policy of insurance serves must, clearly, prevail over the interest of the appellant. according to us, this judgment has ..... held as under: 9. the policy of insurance that the appellant issued was a representation upon which the authorities and third parties were entitled to act. the appellant was not absolve of its objections to third parties under the policy because it did not receive the premium. its remedies in this .....

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Nov 19 2011 (HC)

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

Decided on : Nov-19-2011

..... guj 165], pointing out the difference between gift and trust, has held as under:- 16..therefore, in the view of the calcutta high court, transfer contemplated by section 6 of the trusts act not only includes a sale, mortgage, lease, exchange and gift but also includes a vesting declaration. therefore, what a person ..... in the same position as they stood immediately prior to the service of the interim order. 20. in sujit pal a division bench of the calcutta high court has taken the same view. there, the defendant forcibly dispossessed the plaintiff in violation of the order of injunction and took possession of ..... ) ltd., and another, reported in (1996) 4 scc 622, held as under:- 19. to the same effect are the decisions of the madras and calcutta high courts in century flour mills ltd., v. s. suppiah air 1975 mad 270 and sujit pal v. prabir kumar sun. air 1986 cal 220. in ..... the property. the court directed the restoration of possession to the plaintiff with the aid of police. the court observed that no technicality can prevent the court from doing justice in exercise of its inherent powers. it held that the object of ..... earlier publication staying that it had been issued as a warning to the persons indulging in acts, calling them as destroyers of society. the said publication stated about a complaint having been lodged in the police station against complainant no.1 and another who were deceiving people by giving publications in the .....

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Feb 22 2011 (HC)

Venkataramanappa, Bangalore and Others Vs. State of Karnataka, Bangalo ...

Court : Karnataka

Decided on : Feb-22-2011

..... the societies and the societies engaging middlemen for getting hold of lands utilizing the services of the state government by getting lands notified under the provisions of the land acquisition act, 1894, for the benefits of the society only indicates that the activities of the present respondent-society is fully a situation squarely attracting the ruling of division bench of ..... sy.nos. of nelakadirenahalli village, yeshwanthpur hobli, bangalore north taluk in favour of karnataka house building co-operative society ltd., bangalore, enforcement of lands under section 47 of land acquisition act. ref: letter no.slao.hbcs.8/87-88, dated 23/30.10.1992. the special land acquisition officer, bangalore sub-division, bangalore in his letter under reference above has ..... acquisition of lands in as many as 4 villages namely laggare, jarakabande kaval, nelakadaranahalli and jakkur, in all measuring 97 acres in different survey numbers of these village, but not acting by itself, but having availed of the services of a middleman viz., one v.m. mariswamappa, through an agreement entered into between this agent and forth respondent-house building ..... the collector is opposed or impeded in taking possession under this act of any land, he shall, if a magistrate, enforce the surrender of the land to himself, and, if not a magistrate, he shall apply to a magistrate or (within the towns of calcutta, madras and bombay) to the commissioner of police and such magistrate or the commissioner (as the case may .....

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Mar 29 2011 (HC)

Shree Renuka Sugars Limited Vs. Union of India Ministry of Consumer Af ...

Court : Karnataka

Decided on : Mar-29-2011

..... the expiry of the period stipulated under law, the apex court in the case of the assistant collector of customs and superintendent, preventive service customs, calcutta and others vs. charan das malhotra reported in air 1972 sc 689 held as under:- para 13, the question, therefore, is as to the ..... deputy commissioner shall not refuse permission for diversion of such land included in the (master plant) published under the karnataka town and country planning act, 1961 (karnataka act 11 of 1963), if such diversion is in accordance with the purpose of land use specified in respect of the land in such plan: ..... day. explanation:- a person who or a family or a joint family which has been assessed to income tax under the income tax act, 1961 (central act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have ..... the scope of the amended provisions of the sugarcane order. 60. in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (act no. 10 of 1955), the central government has made the sugarcane control order, 1966 providing for fixing the minimum price of sugarcane to be ..... licensing, and has decided to delete sugar industry from the list of industries requiring compulsory licensing under the provisions of industries [development and regulation] act, 1951. however, in order to avoid unhealthy competition among sugar factories to procure sugarcane, a minimum distance of 15 km would continue to be .....

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Nov 23 2011 (HC)

Wireless And#8211; Tt Info Services Ltd. and Others Vs. State of Karna ...

Court : Karnataka

Decided on : Nov-23-2011

..... have no authority to make physical demand in respect of the telecommunication towers installed. it was their contention that the provisions of the karnataka municipalities act, panchayath raj act and karnataka municipal corporation act does not provide for the imposition of property tax, licence fee, permission fee etc., on telecommunication towers. 2. the learned single judge though ..... permissible for the local authorities to regulate, levy and collect taxes or fees in respect of mobile telecommunication towers/posts under the presently subsisting charging section of the acts under consideration. 15. having arrived at the above conclusion, the next aspect for consideration is as to whether the learned single judge was justified in the instant ..... placard, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part for the purpose of, advertisement, announcement or direction: karnataka municipal corporations act, 1976. 103. taxes which may be imposed. subject to the general or special orders of government, a corporation shall. (a) xxxx (b) (at rates not ..... plinth, doorstep, staircase or any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever; but does not include a portable shelter. karnataka municipal corporations act (2) (1-a) building includes, - (a) a house, out-house, stable, privy, shed, hut, wall, verandah, fixed platform, plinth, door step and any other such structure .....

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Dec 01 2011 (HC)

The Secretary, Karnataka Educational and Cultural Society (Regd.), Eng ...

Court : Karnataka

Decided on : Dec-01-2011

..... , it does not require an elaborate trial to establish that the respondent has been punished by way of removal, apart from casting a stigma by holding that she had acted against the interest of the students. the removal from service being clearly illegal, the judgment of the tribunal directing reinstatement with the backwages is in order and does not warrant ..... namely, the attendance register extract clearly contains overwriting and it cannot be characterized as a suspicion on the part of the tribunal when it is evident that the petitioner has acted mischievously with the sole intention of removing the respondent from service and has employed the ploy of having closed down the section, in which the respondent was employed, purely ..... academic year 2001-2002. this is evident from the very attendance register which is produced. therefore, the respondent having been discharged from service with an observation that she had acted against the interest of the students was clearly stigmatic and even if it could beheld that the respondent was not declared to be a permanent employee, the fact that she ..... had appeared before the said court and had raised an objection that the respondent was an employee in a private educational institution and therefore, a dispute under the industrial disputes act, 1947 could not have been raised. the respondent thereafter, withdrew the dispute before the labour court and preferred an appeal before the educational appellate tribunal. the petitioner, in turn, .....

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