Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Court: kerala Page 50 of about 497 results (0.059 seconds)

Ashtapadi Foundation Vs. University of Kerala

Court : Kerala

..... the university in fact, takes up a specific contention that this decision has been taken by the syndicate under the general powers conferred by the provisions in chapter vi of the kerala university first statutes, 1977, and this is the consistent stand taken by the universities with respect to all the colleges affiliated under it ..... the learned standing counsel appearing for the aicte, however, would point out that even going by clause 2.4, the mortgage of such property can be only for the purpose of availing finance to augment the resourses of the technical institution set up by a person, who has been granted approval by the aicte ..... the kerala university first statutes of 1977, prescribes the forms in which an application has to be made for affiliation of colleges, in chapter 24 and required by sub-clause (8) that "the financial resources of the college should be such that its continued maintenance is assured". ..... the submission of the aicte with respect to the interpretation of clause 2.4 is reasonable insofar as the mortgage of properties is permitted only for the development of the ..... it is also pertinent that the clause permits such mortgage, only for raising resourses for the development w.p (c) ..... though, clause 2.4 permits the mortgage of such properties, it cannot be said that the same can be done as a matter of course immediately on approval being granted by the ..... petitioner contends that the aicte norms itself, permits mortgage of properties as per proviso to clause no. .....

M/s. Indira Motor Service, Kannur represented by its Managing Partner ...

Court : Kerala

..... it is clear from the pleadings and findings entered by the courts in the first round of litigation that the defendants, although did not specifically raise a right for a second renewal based on clause i(h) in ext.a1, might and ought to have raised that contention and the matter can only be deemed to have been heard and decided against the defendants by operation of the rule of constructive ..... , read this qualification, as i understand his judgment, into the provision which i have just quoted: that the same terms and conditions including this clause must be read as meaning including this clause on the first occasion; but that, when the clause came to be operated again, there was no ground for once more reproducing the whole formula, including the right or option to renew. ..... provided always and it is agreed and declared that at the expiration of the said term of twenty years this lease will be automatically and without any further act of any of the parties hereto be renewed for a further term of twenty years from the expiration of the said term hereby granted unless the lessee shall prior to the ..... the words employed in the proviso to clause i(h) in ext.a1 is that after the term of 20 years the lease will be automatically and without any further act of any of the parties hereto be ..... was generally renewing such like leases by issuing general orders ..... document, coupled with the surrounding circumstances, that the general intention of the party or parties is to be ..... be generally divided into .....

Mammunhi Thalangadi Mahamood Vs. State of Kerala

Court : Kerala

..... court pointed out that in the state of uttar pradesh, by sec.9 of the code of criminal b.a.nos.8029, 8030, 8031 and 8032 of 2013 31 procedure (up amendment) act, 1976, sec.438 of the code has been totally omitted with effect from 28.11.1975 while the states of west bengal and orissa have prescribed additional limitations for the exercise of power under sec.438 of the code. ..... court were having the status of a court of magistrate, it was not necessary for the parliament to make a special provision under sec.16(1) of the nia act that the special court can take cognizance of any offence without the accused being committed (meaning thereby that but for the said provision, committal was necessary).21. ..... on and from the date when the special court is constituted by the state government, trial of any offence investigated by the state government under the provisions of the nia act, which would have been required to be held before the special court, shall stand transferred to that court on the date on which it is constituted.8. ..... the power to grant (regular) b.a.nos.8029, 8030, 8031 and 8032 of 2013 4 bail not under any provision of the said act but by virtue of sec.437 of the code which empowers a court other than the court of session or the high court to grant bail when a person accused or suspected of the commission of any non bailable offence ..... cases now the interpretation of statute we adopt such a construction as will promote the general legislative purpose underlying the provision. .....

K.Santhakumari Vs. M/S.K.J.Trading Co.Pvt Ltd

Court : Kerala

..... judgment and held as follows: "xxxx xxxx xxxx xxxx xxxx xxxxx xxxxx xxxx xxx xxxx xxxx xxx xxxx xxxxx xxxx xxx xxxx xxx xxxx xxxx xxxx xxxx xxx xxxx xxx xxxx generally speaking, the broad guiding considerations r.f.a no.160 of 2004-d20are that wherever a right, not preexisting in common- law, is created by a statute and that statute itself provided a machinery for the ..... ) 62 com case 362(ker)], was also relied on, in which it was held that the rights and liabilities of the parties arise out of the general law of contract and not from the provisions of the companies act and the suit was held maintainable with the following observations: "xxx xxx xxxx xxxx xxx xxxx xxxxx xxxx xxx xxx xxxx xxxx xxx xxxx xxxxx xxxx xxx ..... this court was considering the r.f.a no.160 of 2004-d9question of maintainability of a suit before a civil court in a case where the plaintiff sought for a declaration that the 37th and 38th annual general meetings and the decisions taken therein were illegal and for removing defendants 2 to 6 therein from the board of directors as unfit for holding the office by reasons of mismanagement and oppression. ..... what areas and under what circumstances and conditions, the civil courts' jurisdiction is preserved even where there is an express clause excluding their jurisdiction, are considered in dhulabhai's case. ..... that the application is not maintainable in the light of the provisions contained in sections 397, 398 and clause (f) of section 402. ..... clause (f ) of section 402 .....

Mr. Karthiyayani and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1984)ILLJ259Ker

..... any industry to do skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, and for the purposes of any proceedings under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, or whose dismissal, discharge, or retrenchment has ..... led to that dispute, but does not include any such person(i) who is subject to the army act, 1950 (46 of 1950), or the air force act, 1950 (45 of 1950), or the navy (discipline) act, 1934 (34 of 1934), or (ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative ..... from the generality of persons comprehended by the definition, four categories of persons are excluded they are: (1) persons who are subject to the army act, 1950 or the air force act, 1950 or the navy discipline act, 1950; (2) persons employed in the police service or as an officer or other' employee of a prison; (3) persons employed mainly in managerial or administrative capacity; and (4) ..... act and the other relevant considerations necessarily lead to the said consequence, the court will have to accept the respondent's contention notwithstanding the fact that it does not fit in with the .....

Abraham John Vs. State of Kerala

Court : Kerala

Reported in : 1969CriLJ1577

..... the state of punjab 1957 scr 955 : air 1957 sc 687 was explained as illustrating the application of general principles of appreciation of evidence to the particular approver in that case. ..... mission of the offence introduces a serious stain in his evidence and courts are naturally reluctant to act on such tainted evidence un-leas it is corroborated in material particulars by other independent evidence. ..... it may seem that there is some inconsistency between section 183 and illustration (b) to section 114 of the evidence act really there is none.the provision in section 138 is an absolute rule of law. ..... as it was not the common object of the unlawful assembly to murder mathew the learned additional sessions judge treated the murder as an independent act and made the 4 th accused alone liable for it. ..... state of west bengal : 1959crilj1492 and the state of bibar v. ..... read in the light of section 4 of the evidence act it cannot be considered as a presumption incapable of rebuttal. ..... illustration (b) to section 114 of the evidence act bays that unless be in corroborated in material particulars the court may presume that an accomplice is unworthy of credit ..... section 183 of the evidence act provides that an accomplice shall be a competent witness against an accused ..... should point out to the jury that it is within their legal province to convict upon such unconfirmed evidence.this rule of practice has become virtually equivalent to a rule of law, and since the court of criminal appeal act came into open. .....

K.S. Muhammed Sherieff Vs. The Registrar of Co-Operative Societies, Th ...

Court : Kerala

..... satya charan srimani air 1939 pc 14 a five-judge bench of the privy council observes that up to the time of the passing of the transfer of property act, the rights of mortgagors and mortgagees of land in india were subject to much controversy; the law of england, subject to such modifications as justice, equity, and good conscience required, was recognized ..... anmol devi (1998) 7 scc 498 the apex court has held in para 11 that a combined reading of sections 8 and 54 of the act suggests that on a transfer of property, all the interests which the transferor has capable of being transferred, in the property with all the legal incidences thereof, pass on to the transferee unless a different ..... such a state of things is, of course, theoretically possible, but it is inconsistent with the provisions of the act (which in sections 81, 82, 91 and 94 recognizes second mortgages) and with the possibility, well established in india, of transferring ..... standard legal commentaries like ghose's law of mortgageand mulla's transfer of property act have asserted that the act was a self-contained code, by which alone the rights of mortgagor and mortgagee were to be ascertained and under which statutory but not equitable ..... writ petition, their lordships have held thus: even where facts are admitted, the jurisdiction will not be exercised unless the respondent authority owes a public duty or a statutory duty to act in a particular manner towards the person who asks for such a writ. 66. ..... this general rule ..... bengal .....