Kerala Court September 2012 Judgments
Alex. P. Oommen Vs. Kerala State Film Development Corporation Limited ...
Court: Kerala
Decided on: Sep-04-2012
Reported in: 2012(4)KLJ196
1. This petition under Section 482 of the Code of Criminal Procedure (CrPC) was filed by the accused in S.T.No.1141/2005 on the file of the Chief Judicial Magistrate-III, Thiruvananthapuram. The first respondent herein is the complainant. He filed Annexure -V complaint against the petitioner alleging offence under section 138 of the Negotiable Instruments Act (NIAct) with a plea that the petitioner is the Managing Partner of a cinema theatre by name Prathibha theatre at Mavelikkara. One Bose Varghese, Proprietor of Chemapakasseri Films had liabilities with the first respondent. The petitioner issued two cheques both dated 17.2.2005 for Rs. 1,00,000/- each drawn on Federal Bank Ltd., Mavelikkara branch in discharge of a part of the liability owed by Bose Varghese. The liability is in relation to a feature film titled 'Hrudayathil Sookshikkan'. When the first respondent sent the cheques for collection through Indian Bank, Thiruvananthapuam branch, the cheques were returned dishonoured wi...
Tag this Judgment!Padmini Vs. C.O. Marykutty and Another
Court: Kerala
Decided on: Sep-03-2012
Reported in: 2012(4)KLT9; 2012(4)ILR(Ker)136; 2012(4)KLJ201
1. Should court fee be paid under the Kerala Court Fees and Suits Valuation Act, 1959 (the 'Act' for short) on the market value of the property in a claim petition preferred under Rule 58 of Order XXI of the Code of Civil Procedure, 1908(the 'CPC' for short)? 2. The petitioner herein had preferred a claim under Rule 58 of Order XXI of the CPC when the subject property was attached in execution of a decree obtained by the first respondent against the second respondent. The execution court however rejected his claim petition on the ground that no valuation statement had been filed and that the same ought to have been valued akin to a plaint in the suit. The execution court relied on Section 17 of the Act which reads as follows: "17. Fee payable on petitions, applications, etc.-- The provisions of Sections 10 to 14 shall apply mutatis mutandis to the determination and levy of fee in respect of petitions, applications and other proceedings in Courts in the same way as they apply to the det...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- Next ›