Court : Kerala
Reported in : AIR1979Ker120; [1978(37)FLR59]
..... observed: (at p 42) '7. ......... as observed by this court in kraipak v. union of india, air 1970 sc 150, 'the aim of rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. these rules can operate only in areas not covered by any law validly made. in other words they do ..... sukhdev singh v. bhagatram sardar singh raghuvanshi (air 1975 sc. 1331) the supreme court observed: (at p. 1337) '16. in england subordinate legislation has, if validly made the full force and effect of a statute, but it differs from a statute in that its validity whether as respects form or substance is normally open to challenge in the courts.' 17 ..... the injury are not different from those applicable whether damage results from an act done under the direct authority of a statute. re langlois and eiden, (1891) 1 qb 349 and kruse v. johnson, (1838) 2 qb 91.' in view of the position thus stated, we see no force in the argument of counsel for the appellant. 7. it is really .....
Tag this Judgment!Court : Kerala
Reported in : 1984(17)ELT54(Ker)
..... has been spoken to by p.ws. 2 and 3. p.w. 3 is a police officer attached to the x-branch of the vigilance section of the police force, he submitted ext. p 8 report in which he stated that it was part of his duty to collect information regarding gold smuggling and other activities, and in the ..... has placed reliance on ext. p 9 which is statement recorded from the appellant by an excise official, p.w. 10, evidently under section 107 of the customs act. the document contains certain admissions said to have been made by the appellant. section 107 authorises a customs officer empowered in that behalf to record statements. section 108 authorises ..... the respective jurisdiction but excluding the customs areas therein, the functions of an officer of customs under sections 100, 101, 102, 104, 106 and 110 of the customs act. the schedule takes in narakkal police station situated in ernakulam district. it is therefore clear that p.w. 2, on the station house officer attached to the narakkal police .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT253
..... accepted as such, it makes a strong prima facie case of conspiracy against accused nos. 1, 4, 11, and 12. whether the prosecution will be able to secure a conviction based on their evidence is not a matter to be considered at this stage.27. the statements of c.ws.7 to 11 are relevant in considering whether ..... with kidnapping from india. section 361 deals with kidnapping from lawful guardianship. section 362 i.p.c. deals with abduction. section 362 reads as follows:-'abduction.-- whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.'the ingredients of kidnapping and abduction are entirely different ..... the case comes within the first part of section 366. originally section 366 had only one part. the second paragraph has been added by the penal code (amendment) act, 1923. a reading of the entire section shows that these two paragraphs are independent of each other. to attract the second paragraph, it must be shown that the .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT42
..... corporation cannot be sustained.38. learned counsel for the appellants also contended that the provisions of a social legislation have to be liberally construed. since the 1948 act is a beneficial provision, the power of the corporation should be liberally construed. they referred to the decisions in transport corporation of india v. employee's ..... , is essential.6. the whole statute is divided into eight chapters. the first chapter consists of sections 1 to 2a. it gives the title of the act, the definitions and provides for the registration of factories etc. chap.ii deals with the establishment of the employees' state insurance corporation, the standing committee and ..... these five appeals. learned counsel for the parties have been heard. on behalf of the appellant-corporation, it was contended by mr. ajaya kumar that the act is a piece of beneficial legislation. its provisions have to be liberally construed. any interpretation, which is likely to defeat the objects of the enactment, should .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker250
..... on the basis of the reasons stated in ext. p3 itself. according to mr. deepu this is a hard case where his client has not been able to secure the fruits of a decree obtained in a suit which was instituted two decades ago. even in the matter of impleadment application the respondents therein who are none other ..... in the suit property. it is common interest of the petitioner and them to salvage the suit property from dispossession. the maxim nemo agit in seipsum (no one acts against himself) is applicable in this context.8. there are several circumstances which would show that the petitioner was aware of the proceedings in the suit. as already stated ..... for 14 years and was finally decreed for specific performance on 11-10-2001. thereafter on the basis of an application filed under section 28(3) of specific relief act, sale deed was executed in favour of the 1st respondent-plaintiff and the sale deed was pending registration. the instant application, ext. p2 was filed by the petitioner .....
Tag this Judgment!Court : Kerala
Reported in : 2004(3)KLT1083
..... the defaulter an opportunity to clear the arrears, the district collector may, before making the order of detention, grant him time not exceeding thirty days on his furnishing security to the satisfaction of the district collector for his appearance at the expiration of the specified period. if the arrears are not paid by that date, the district ..... and all specific pecuniary penalties to which such person renders himself liable under such agreement or contract;all sums declared by any other law for the time being in force to be recoverable as arrear of public revenue due on land or land revenue; and all fees and other dues payable by any person to the government, may ..... land, it follows that all the provisions of the revenue recovery act would become applicable. the revenue recovery act has been enacted not only to recover 'arrears of public revenue due on land' but also 'all sums declared by any other law for the time being in force to be recoverable as arrears of public revenue due on land .....
Tag this Judgment!Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... is mandatory on the part of the company, to provide for the arrears of depreciation (in respect of additional shifts in view of schedule xiv to the companies act coming into force with effect from april 2, 1987), if it was not originally provided in the earlier years ?2. whether, on the facts and in the circumstances of ..... where any part of the business of a company (other than a company whose gross total income consists mainly of income which is chargeable under the heads 'interest on securities', 'income from house property', 'capital gains' and 'income from other sources' or a company the principal business of which is the business of banking or the granting ..... incurred had been laid out for the advantage and benefit of the partner. accordingly, it was held that in the absence of materials with reference to the securing of advantages, it cannot be presumed that such advantages resulted to the assessee in its business activities as a result of the foreign tour undertaken by the wife .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)CTLJ292(Ker); 2007(3)KLJ120
..... in the country. the recovery of loans or seizure of vehicles could be done only through legal means. the banks cannot employe goondas to take possession by force.that decision cannot therefore persuade this court to ignore the decision in shibi francis which endorses the view taken in tarun bhargava.12. the learned counsel for ..... is easy to accept the case of the registered owner that there was involuntary reduction of possession from the registered owner by the financier by use of force. there is of course controversy as to whether a report had been made before the local police and gd entry is there in the local police station ..... i am not proceeding to consider the further contention that act 54 of 2002 (the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002) makes it clear that the financier (the secured creditor) cannot exercise the right of repossession except in terms of the said act.13. lastly and finally the learned counsel for the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker55
..... it is clear that husband, wife and daughters are the only inmates of the house. even in evidence he did not explain what exactly was the situation which allegedly forced him out of the house. it is not sufficient that he concludes that the situation became unbearable. the court should be in a position to arrive at such a ..... ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, andbb) when a divorce is sought on the ..... ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; andc)the petition (not being a petition presented under section 11) is not presented .....
Tag this Judgment!Court : Kerala
Reported in : [1978]48CompCas800(Ker); [1977(35)FLR260]; (1978)ILLJ324Ker
..... it is decisive. it is now no more than a factor, although an important one ; see argent v. minister of social security [1968] 1 wlr 1749 at p. 1759.38. that the workers are not obliged to work for the whole day in the ..... bank of india and cantonment authorities.' we are here concerned with this sub-section. this sub-section exempts from the operation of the act, establishments under the central or any state government, local authorities, the reserve bank of india and cantonment authorities. without this exemption ..... 4(1)(f) exempts establishments which are in respect of matters dealt with in this act governed by a separate law for the time being in force. the contention of the learned counsel for the appellant is that under section 79 of the madras ..... ' which on the commencement of the acquisition act became a ' corresponding new bank'. the bank is a body corporate with power to sue and to be sued in its name.3. the bank was advancing money on the security of gold. for this purpose the services .....
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