Kerala Court October 2003 Judgments
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Boban Vs. Sajith Kumar and anr.
Court: Kerala
Decided on: Oct-01-2003
Reported in: AIR2004Ker181
K. S. Radhakrishnan, J.1. This appeal arises out of the order passed in E.A. No. 1145 of 1999 in E.P. No. 473 of 1998 in O.S. No. 761 of 1996 on the file of the Sub-Court, Thrissur,2. Appellant herein was the petitioner in E.A. No. 1145 of 1999 which was filed under Order XXI, Rule 90 of the Code of Civil Procedure. He is the decree holder in E.P. No. 179 of 1998 in O.S. No. 1892 of 1996 on the file of the Munsiff s Court, Thrissur. In execution of the decree he filed E.P. No. 179 of 1998 before the Munsiffs Court. Vadakkancherry. Decree schedule property was scheduled to be auctioned on 10-8-1999. Appellant however noticed that in order to defeat his interest, first respondent, who is the decree holder in O.S. No. 761 of 1986 had filed E.P. No. 473 of 1998 bringing the schedule property to auction. Property was sold in auction in that case on 21-6-1999. Sale was got confirmed on 23-2-2000. Appellant therefore wanted to set aside the sale in E.P. No. 473 of 1998 and put the property in...
Secretary, Kerala Granites and Stone Association Vs. State of Kerala
Court: Kerala
Decided on: Oct-01-2003
Reported in: 2004(2)KLT227
J.B. Koshy, J.1. Petitioners in these Original Petitions challenge Ext. P-2 Government Order amending Rule 4 and introducing Rule 8A and increasing the royalty payable for granite. Petitioners are engaged in quarrying and mining operations. The Mines and Minerals (Regulation and Development) Act, 1957 was enacted by the Central Government for the development of mines and minerals. Section 3 (a) and (e) of the Act deals with definitions, the relevant portion of which reads as follows:'(a) 'minerals' includes all minerals except mineral oils;(e) 'minor minerals' means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral.'2. In exercise of the powers conferred under Section 3(e) of the Act, the Central Government declared the following as minor minerals:'(a) Boulder, Shingle, Chalaceony, Pebbles used for ball mill pur...
P.T. Joseph Vs. K.K. Rajappan and anr.
Court: Kerala
Decided on: Oct-01-2003
Reported in: 2004CriLJ727
ORDERK.A. Abdul Gafoor, J. 1. Annexure-A order was passed by the Judicial First Class Magistrate, Pala in a proceedings under the Negotiable Instruments Act. It was at a stage when the defence evidence was over and the case was posted for hearing. Annexure-A was challenged in a revision before the Sessions Judge, Kottayam. It was dismissed as per Annexure-B. Therefore, this petition under Section 482 of the Cr. P.C. Section 311 of the Code of Criminal Procedure enables a Court to collect further evidence by resummoning a witness or any person at any stage of the enquiry, trial or other proceedings. There was a trial in this case. The trial will come to an end. When the case is posted for judgment. In this case, the case is only posted for argument. Therefore, it has not reached such a stage in terms of Section 353 of the Code. The trial had not been terminated. When the trial had not been terminated the Magistrate can invoke the power under Section 311 of the Code. That is what had bee...
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