Court : Kerala
Reported in : AIR1968Ker208
..... information, book or other document ' this section has been amended from time to lime: and the last amendment was made by the foreign exchange regulation (amendment) act 1964, which came into force with effect from 1-4-1965 it is clear from sub-section (2) of section 19 that the reserve bank of india and the central government alone have ..... discussion of the question.11. the very question, which has been raised in this case, arose for decision in bavajee v. state of kerala, 1966 ker lt 97? = (air 1967 ker 282). in this case, the police seized from the petitioners currency notes of the value of rs. 36,000 and produced the same before the magistrate. after investigation ..... in that respect when the trial is concluded 'speaking about the scope of section 523 of the criminal procedure code, anna chandy, j. observed in ali kunju v ah kunju, air 1960 ker 343 that the section was wide enough to include the disposal of a property seized by the police in the course of investigation of a crime- in .....
Tag this Judgment!Court : Kerala
Reported in : 2001CriLJ4146
..... . the conclusion is , therefore, irresistible that in a case where an application for special leave to appeal from an order of acquittal it filed after the coming into force of the limitation act, 1963, s. 5 would be available to the applicant and if he can show that he had sufficient cause for not preferring the application within the time limit of ..... if the special or local law expressly excludes the applicability of s. 5, that it would stand displaced. hence, as pointed out by this court in kaushalyas rani's case (air 1964 sc 260=(1964(1)crl.l.j.152)the time limit of sixty days laid down in sub-s.(4)of s. 417 is a special law of limitation ..... the above decision or refer the matter to a large bench. but we note, while disposing of the case, judgement of the supreme court in mangu ram v.delhi municipality(air 1976 sc 105) was not brought to the notice of court by the public prosecutor. it was also not pointed out by the public prosecutor that appeal filed by the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker302; [1991]72CompCas329(Ker)
..... can be established by a long-drawn process of reasoning on points on which there may conceivably be two opinions' (see t. s. balaram v. volkart brothers, bombay, air 1971 sc 2204) is relevant in the context. the petition for review therefore ought to have been allowed by the court below.8. one other ground on which the ..... note of the argument of the petitioner, based on the notification. yet on the ground that the notification bringing the proviso into force, has not been proved in the manner provided for under section 78, evidence act, thecourt below refused to award interest asprovided for under the proviso.5. the first question therefore is, was the court justified in ..... have in view the well-established principle that all orders and notifications made or issued under statutory powers and hence legislative in nature amount to law in force. (see state of bombay v. f. n. balsara, air 1951 sc 318; executive officer v. devassy, 1970 ker lt 991 (fb) and state of madhya pradesh v. ramcharan .....
Tag this Judgment!Court : Kerala
Reported in : (1994)120CTR(Ker)504; [1994]210ITR1042(Ker)
..... income-tax officer intimated the petitioner by his letter, exhibit p-9, dated april 8, 1988, that under section 139(10)(d) of the income-tax act which came into force on april 1, 1986, and was applicable to the assessment year 1986-87, a return of loss filed after july, 31 shall be deemed never to have ..... loss or liability of the petitioner is eventually shared by the people of the state. the supreme court has (though in a different context of section 5 of the limitation act) postulated a liberal approach in thematter of condonation of delay when the state is involved. (collector land acquisition v. mst. katiji : (1987)illj500sc ). the same approach ..... ,about which he informed the petitioner by his communication, exhibit p-3, dated february 17, 1988. the tax audit for purposes of section 44ab of the income-tax act could be undertaken only thereafter, as indicated by the tax auditor in his letter, exhibit p-4, dated february, 1988. in these circumstances and anticipating delay, the petitioner .....
Tag this Judgment!Court : Kerala
Reported in : (2003)ILLJ608Ker
..... requirement of a reference by the government. sixth principle says that the certified standing orders framed under and in accordance with the industrial employment (standing orders) act are statutorily imposed conditions of service and are binding both upon the employer and employees, though they do not amount to 'statutory provisions'. any violation of ..... or substantial number of workmen employed in the establishment, such dispute will be treated as an 'industrial dispute'. same view was reiterated in workmen v. dharampal prem chand, air 1966 sc 182 : 1965-i-llj-668 and workmen of indian express newspapers (pvt.) ltd. v. indian express (pvt.) ltd., 1970-ii-llj-132. .......... ..... become 'industrial dispute' if taken up by a trade union or large number of workmen. in central provinces transport service ltd. v. raghunath gopal patwardhan, air 1957 sc 104 : 1957-i-llj-27, their lordships of the supreme court adopted the third view and held that, an individual dispute cannot ordinarily be treated .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker41
..... all her properties to any one without leaving an inch of land in her possession. we do not find such a degree of improbability in the transaction to force us to hold that the lady would not have executed these documents, without other convincing evidence on the matter. soopi is the executor's son with whom she ..... means with 'exactness and precision', 'in a definite manner' (see webster third new international dictionary). it means something more than a general denial-- see dasrath v. lallo (air 1951 nag 343). mere fact of pleading that one did not admit the genuineness of the bond does not put to the necessity of calling the attesting witness.12. in ..... pc 56) and gopal das v. sri thakurji (air 1943 pc 83) -- see also vishvanath v. rahibai (air 1931 bom 105), pandappa v. shivalingappa (air 1946 bom 193) and kalu v. bapurao (air 1950 nag 6) -- as authority for the proposition that, in cases where section 68 of the evidence act has no application the certificate of registration in the light of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker160
..... urgent matters and for such purpose to receive appeals, plaints and petitions which would ordinarily be presented to such civil court and any such order shall remain in force only until the matter has been heard and decided by the court having jurisdiction.' it is not disputed before me that during the summer vacation. the courts subordinate ..... could not be deemed to have been closed during the summer vacation, and in support of that contention the respondent relied on section 8 of the kerala high court act. act 5 of 1959. i may read the provision. '8 (1) during the adjournment of the high court the chief justice shall nominate a single judge of the ..... copies filed on 23-5-1977 contained his signature there was substantial compliance with section 81(3) of the act the petitioner relied on the decision of the supreme court reported in ch. subbarao v. member, election tribunal, hyderabad (air 1964 sc 1027). in that case also the copies were signed by the petitioner, but there was no attestation .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker284
..... of her husband from her father-in-law is now provided by section 19 read with section 21, clause (vii) of the hindu adoptions and maintenance act, 1956. the act was not in force during the relevant time and the question has to be decided on the basis of the hindu law. the principle of hindu law settled by judicial decisions ..... husband unless the non-residence was for inchoate or immoral purposes. their lordships said that the term 'dependent member' of a family did not necessarily mean 'resident member'. in air 1949 mad 24 gentle, c. j., observed:'in all the decisions cited, the two obligations, moral and legal, are not expressed to be confined to the instance when a ..... of the father-in-law governed by the dayabhaga law to maintain the widow of his son their lordships of the judicial committee in rajani kanta v. sajani sundari, air 1934 pc 29 observed:'the liability of madan mohan towards the widow of his son was no doubt on the authorities a moral liability, but that liability, when .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker97
..... counsel appearing for the revenue, it is desirable to state broadly the scheme of the gift tax act, 1958, which came into force on 1st april 1958. 5. section 1(3) of the act states that the act shall be deemed to have come into force on the 1st day of april 1958. section 2 defines certain expressions, and it is not ..... also. 21. quite naturally, learned counsel mr. surianarayana iyer, very strongly relied on the decision of the supreme court in sundararamier and co. v. state of andhra pradesh air 1958 sc 468. according to mr. surianarayana iyer, the judgment of his lordship mr. justice venkatarama iyer, who spoke for the majority of the court, in that matter, ..... entry 47 referred to earlier. no doubt, the learned counsel relied upon certain observations contained in the judgment of the madras high court in santhamma v. neelamma, (s) air 1956 mad 642. on the other hand mr. k. v. surianarayana iyer, learned counsel appearing for the revenue has referred us to the decision of the federal court .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker289
..... and hence the mortgage became extinguished only on the passing of the said decree.16. as pointed by the federal court in thota china subba rao v. mattapalli raju, air 1950 fc 1 at p. 6:'the right of redemption is an incident of a subsisting mortgage and it subsists so long as the mortgage itself subsists'. if a mortgage ..... a debt for which another is primarily answerable, and which, in equity and good conscience, should have been discharged by the latter. ... it is a legal fiction, by force of which an obligation extinguished by a payment made by a third person is treated as still subsisting for the benefit of this third person, who is thus substituted to ..... of the supreme court in ganeshi lal v. joti pershad, air 1953 sc 1 where their lordships had occasion to consider the scope of the equitable doctrine of subrogation in a case arising from the state of east punjab where the transfer of property act was (not--ed.) in force at the relevant time. the following observations occurring in para 9 .....
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