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United India Insurance Co. Ltd. Vs. Padmavathy and ors.

Court : Kerala

Reported in : I(1991)ACC70; 1990ACJ751

k.t. thomas, j.1. the question raised in this appeal has some moments for victims in motor accidents. the motor vehicles act, 1988 (for short, 'the new act'), came into force on july i, 1989, containing section 140 in which the amount of compensation for 'liability without fault' in accident cases has been fixed at twenty- ..... the indian courts also followed the aforesaid principle and amounts of damages have been fixed in consideration of depletion of money value also (vide jaimal singh v. jawala devi, air 1976 delhi 127, kerala state electricity board v. kamalakshy amma [1986] klt 1124. we have no doubt that parliament, by enhancing the quantum of compensation, was guided ..... decision of the supreme court which really paved the way for enhancing the quantum of compensation under 'no fault liability'. in m.k. kunhimohammed v. p.a. ahmedkutty, air 1987 sc 2158 ; [1988] 64 comp cas 7 (sc), venkataramiah j. (as he then was) made special notice of certain provisions in the motor vehicles bill no .....

Aluminium Industries Ltd. Vs. State of Kerala

Court : Kerala

Reported in : III(2005)BC395; [2006]133CompCas530(Ker); 2005(1)KLT889; [2005]62SCL261(Ker); (2008)11VST516(Ker)

..... conclusion of the inquiry, after notice and opportunity afforded to various persons including the creditors, the b.i.f.r. is to prepare a scheme which shall come into force on such date as it may specify in that behalf. it is in implementation of the scheme wherein various preventive remedial or other measures, are designed for the sick industrial ..... by the counsel for the petitioner was pointedly considered by the apex court in corromandal pharmaceuticals's case (supra) (air 1997 sc 2027) and held as follows:on a fair reading of the provisions contained in chapter iii of act/1936 and in particular sections 15 to 22, we are of the opinion that the plea put forward by the ..... of the powers under section 18(4) read with section 19(3) of the act can frame scheme for rehabilitation and the same shall come into force on such date as the board may specify in that behalf. placing reliance on section 22 of the act counsel submitted that an enquiry under section 16 is pending for revival of the unit. .....

Lekshmi Amma and ors. Vs. Anandan Nambiar and ors.

Court : Kerala

Reported in : AIR1974Ker82

..... the proviso could be applied to all cases where partition is sought since the date of the coming into force of the act we are unable to interpret the section this way. if properties granted to the puthra-vakasom tavazhi under a gift long prior to ..... capita principle. see the decision of madhavan nair and anatha-krishna iyer jj. in sreedevi v. peruvunni nair (ilr 58 mad 36) = (air 1935 mad 71). (in the travancore area there is authority that the division is stirpital). it is a per capita division that is recognised under ..... wife and one or more of the children alone to the exclusion of the others, would not give rise to such a presumption see air 1947 mad 137 and 1960 ker lj 161). we are not in the circumstances prepared to regard section 48 as declaratory of the law ..... held by a division bench of the madras high court (pandrang row and king jj.) in krishnan v. thala (air 1941 mad 605) that the section did not have any retrospective operation and that in the case of an acquisition prior to the date .....

The Manager Vs. State of Kerala

Court : Kerala

..... serious irregularities causing monetary loss to teachers/government the loss sustained by teachers/government shall be recoverable from the manager under the provisions of the revenue recovery act for the time being in force as if it is an arrear of public revenue due on land, to the following cases namely- (a) denial of appointment to a qualified ..... that the appointment of the teacher, sri. jolly john, is against the rules. it is because the manager appointed the teacher against the rules, the respondents were forced to pay salary to the teacher. the learned government pleader points out that in ext. p1 order, there was no stay of the original order refusing approval for the ..... ext. p1 interim order of this court in a writ petition filed by the teacher, that too, without impleading the manager as a party, that the respondents were forced to pay salary to the teacher. in fact, the respondents themselves challenged that order in a writ appeal, which was also rejected. in ext. p2 order in the .....

Vazhathope Service Co-Operative Bank Vs. Agri Bio Care

Court : Kerala

..... promotion and development of micro, small and medium enterprises and for matters connected therewith or incidental thereto. the act came into force on 02.10.2006. a board has been constituted under section 3 of the act to examine the factors affecting the promotion and development of micro, small and medium enterprises and review the ..... the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 79 of that act. (4) notwithstanding anything contained in any other law for the time being in force, the micro and small enterprises facilitation council or the centre providing alternate dispute resolution services shall have jurisdiction to ..... act as an w.p(c) no.14734/12-n & w.p(c) no.15329/12-m16arbitrator or conciliator under this .....

Baby Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2003(3)KLT362

..... eliminate the disparity between the corresponding provisions of the law governing the army and the air force. so far as the present case is concerned, we are concerned with the provisions contained in chapter xv. section 191 of the act empowers the central government to 'make rules for the purpose of carrying into effect the ..... of the matter.2. to answer the question in the abstract, a brief reference to the statutory provisions is essential. the parliament enacted the army act, 1950 to make the provisions self-sufficient and to ensure that these were in conformity with the 'new constitutional set up and present day requirements'. the purpose ..... that the instructions have a statutory character and colour. these are legally enforceable. the instructions were initially issued by different letters during the period from april 18, 1950 to march 21, 1957. subsequently, these were modified with effect from 1982.6. paragraph 1 of the instructions, as initially issued, inter alia provided that .....

Rajamma Vs. Dr. V. Sukumar

Court : Kerala

..... madhavan in favour of his wife and two children in 1067 me. this was before the enactment of the travancore nair act. the travancore nair act came into force in 1925. section 41 of the travancore nair act (regulation ii) reads as follows: "41. property acquired by gift or bequest from the father or husband before regulation ..... ,j. in devi saran case which correctly represent the character and nature of the gift as contemplated by law............................." 11. in nagaraja iyer v. seethalakshmi ammal (air 1962 mad. 369) the word 'santhathi' fell for consideration. a settlement deed was executed granting a life estate to s vesting remainder to her issues. it ..... an expectation of spiritual or moral benefit, or consideration of love and affection are not contemplated by s.122." 9. the decision in kulasekaraperumal v. pathakutty (air 1961 mad. 405) is also relied on for the proposition that that consideration must be real and complete absence of consideration is a characteristic of gift. it .....

T.N.Sivasankaran Vs. The Tirur Co-Operative Agricultural and Rural Dev ...

Court : Kerala

..... into the nearest government treasury. all petitions and applications presented under this rule shall bear court fee stamps as required under the kerala court fees and suit valuation act,1959 (10 of 1960) 2. the co-operative arbitration court or the registrar or such other persons deciding the dispute or the arbitrator shall have power to ..... decide such dispute. section 70 (a)(3) of the kerala co-operatives societies act provides that the government shall make rules for regulating the procedure and disposal of business of the co-operative arbitration court. it is noticed that though the rules ..... an opportunity to adduce fresh evidence to establish the charges against the petitioner.10. it is seen from the perusal of the provisions of the co-operative societies act and the rules made therein, that if a dispute under section 69 is raised before the co-operative arbitration court, the court shall have the power to .....

Kanakku Veettil K.P. Sankarankutty Menon Vs. Malathy Amma and ors.

Court : Kerala

Reported in : AIR1991Ker123

..... interference.11. c schedule properties were bequeathed by the husband in favour of the wife and children in 1928 under ext.a7 before the madras marumakkathayam act came into force in 1933. but he died only in 1941 and the will came into operation only then. at that time, the madras marumakkathayam ..... by the plaintiffs challenging the decree, in so far as it went against them.2. parties are marumakkathayee nairs of the erstwhile malabar area governed by the madras marumakkathayam act. ancestress was one lakshmi amma. first defendant is her son and second defendant her daughter. second defendant was married in 1921 to dr. kunhikanna menon, who was ..... drew my attention to the decisions in srinivas krishnarao kango v. narayan devji kango, air 1954 sc 379, mallapa girimallappa betgeri v. r. yellappagouda patil, air 1959 sc 906, abhimanyu v. kumaru, 1964 ker lt 1083 and vannarath parvathi amma v. vannarath lakshmi amma, air 1975 ker 147 in an attempt to convince me that the plaintiffs failed in .....

Commissioner of Income-tax Vs. Mathew M. Thomas and ors.

Court : Kerala

Reported in : [1993]201ITR494(Ker)

..... of 1982 on january 21, 1982, in this court. the said appeal is still pending. pending the appeal, chapter xx-c was introduced in the income-tax act by finance act of 1986 with effect fromoctober 1,1986. under section 269rr, chapter xx-a will not apply in relation to transfer of any immovable property after september 30, ..... chapter xx-a by the revenue should be discontinued. proceeding further, the question as to whether the circular aforesaid has the force of law and whether it will supplant or supplement the provisions of the act seems to have been mooted. it is, in the above circumstances, that the division bench felt a doubt with regard to ..... considering the question are as follows : the appellant is the revenue. the respondents are assessees to income-tax. proceedings under chapter xx-a of the income-tax act were initiated against the respondents-assessees. the said provision of law deals with acquisition of immovable properties in cases of transfer made evading payment of tax due. under .....