Kerala Court April 1963 Judgments
Cherayathu Paul and ors. Vs. Dharmodhayan Company, Trichur and ors.
Court: Kerala
Decided on: Apr-04-1963
Reported in: AIR1964Ker198
Madhavan Nair, J. 1. The common question in these C. R. Ps. is of the court-fee payable on applications under Section 9 (3) of the Kerala Agriculturists Debt Relief Act, 1958, which may hereinafter be referred to as the Act. In Beepathumma v. Shambhatta, 1963 Ker LJ 260 one of us (Madhavan Nair, J.), has expressed that such court-fee must be as prescribed in Section 11 (3) of the Act; but in C. R. P. No. 910 of 1961 another of us (Raghavan, J.) felt that such applications are a species of applications under Section 9 (1) and might therefore require court-fee as prescribed in Section 9 (4) of the Act, and referred the matter for consideration by a Bench; and it has now been placed before this Full Bench by the learned Chief Justice.2. Several aspects not been considered in 1963 Ker LJ 260 have been brought to bear on the question and in their light we think that the position has to be reconsidered, 3. The first question is whether applications under Sub-section (3) of Section 9 are a sp...
Tag this Judgment!The Malabar Iron and Steel Works Ltd. Vs. the Registrar of Companies, ...
Court: Kerala
Decided on: Apr-02-1963
Reported in: AIR1965Ker35; [1963]33CompCas813(Ker)
ORDER(12-6-1963) 12. In view of the affidavit filed by the appellant on the 21st May 1963 in pursuance of the permission granted by paragraph 10 of our judgment in A. S. No. 684 of 1962 dated the 2nd April 1963 we feel that the best course will be to reverse the decision and remand the case for fresh disposal. 13. We decide accordingly. No costs. ...
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