Court : Kerala
Reported in : AIR1994Ker59
..... that the assessment order already issued is vitiated by an error apparent from the record which required rectification. accordingly, proceeding under section 15 of the act was initiated. in the course of the rectification proceedings a local inspection with notice to the petitioners was also held by the assessing authority before finalising ..... under article 226 in the circumstances of the case is totally unwarranted and illegal and in the light of the effective alternative remedies available under the act, the o.p. is liable to be dismissed on that short ground itself.10. the crucial question arising for consideration is whether the initiation of ..... the said audit objection, the records of the assessment proceedings were again scrutinised by the assessing authority and proceedings were initiated under section 15 of the act after satisfying about the mistake committed in not taking into consideration the relevant details contained in the report of the revenue inspector. further it is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker110
..... argument, we need not consider the abstract question whether the function of integration is administrative or quasi-judicial. section 115(5) of the states reorganisation act itself statutorily provides the need to consider representations made by the persons affected and sufficiently enshrines the rules of natural justice. these have been more than ..... even retrospectively -- regulating the recruitment and conditions of service of members of the state services must be subject to section 115(7) of the states reorganisation act (read with article 256 of the constitution) which recognises the power of the central government to determine such conditions as on 31-10-1956 and further ..... ext. p 1 g. o. these were considered by the advisory committee constituted by the government of india under section 115 of the states reorganisation act, and the government of india passed final orders directing that the posts of municipal commissioners of travancore-cochin and madras in the various grades, should be .....
Tag this Judgment!Court : Kerala
Reported in : 2002(2)ALT(Cri)367; 2003CriLJ650
..... board for second time. the supreme court in ram ball rajbhar (supra) while dealing with section 14 of the maintenance of internal security act read with section 21 of the general clauses act held as follows:'the state government can revoke or modify a detention order it is satisfied, on new or supervening conditions or facts ..... the view expressed by the apex court while dealing with the provisions of maintenance of internal security act which equally apply when we consider the scope of section 11 of the cofeposa act read with section 21 of the general clauses act, so found by the apex court in makhan lal gokul chand case as well. in ..... baggage resulted in the seizure of above mentioned foreign currencies and indian currencies along with other incriminating materials. statements were recorded under section 108 of the customs act and he was arrested and produced before the chief judicial magistrate, thiruvananthapuram on 4.5.2001, whereupon he was remanded to judicial custody. a case was .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker202
..... were contradictory and there were several inconsistencies in the statements made by various individuals questioned by the surveyor sri ramaswamy and sri j. a. harris of the security and detective bureau ltd. madras, who also conducted an enquiry at the instance of the defendant-company. defendant pointed out that there are many circumstances pointing out ..... specific instances of the limits of the cover described generally in section 55(1). again it is said in paragraph 780 that under the marine insurance act, 1906 (english act), the term 'perils of the seas' refers only to fortuitous accidents or casualties of the seas. it does not include the ordinary action of the ..... marine insurance is losses incidental to marine adventure. marine adventure includes any adventure where any insurable property is exposed to maritime perils and section 2(e) of the act defines 'maritime perils' as the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the sea, fire, .....
Tag this Judgment!Court : Kerala
Reported in : II(2007)BC450; [2006]134CompCas370(Ker); 2006(4)KLT290
..... accused. his version is inherently unconvincing. he is a money lender himself. the convenient and specious plea that a blank signed cheque was handed over as security in a loan transaction cannot readily and naively be accepted and swallowed by courts. in doing so, the indictee is attributing to himself an improbable, artificial ..... not without diligence, indifferently unreasonably and irrationally. even today such a defence may not be impossible or impermissible in a prosecution under section 138 of the ni act. but the burden must rest squarely and heavily on the person who wants to attribute to himself such an irresponsible and indifferent conduct - that he handed ..... on the complainant will do disservice to the object, purpose and the legislative dream which prompted the legislature to enact section 138 of the n.i. act namely the introduction of a commercial morality among the polity where cheque transactions will be as effective, efficient and efficacious as cash transactions. that is .....
Tag this Judgment!Court : Kerala
Reported in : [1979]49CompCas296(Ker)
..... and are essential ingredients in the creation of the mortgage. it follows that in such a case the document which constitutes the bargain regarding security requires registration under section 17 of the indian registration act, 1908. the letter in question, in that case, did mention details of title deeds, which were to be deposited with the ..... was delivered superseding the earlier one, and this was a formal document stating the essential terms of the transaction, ' hereby agreed ' and referred to the moneys ' hereby secured '. it also conferred an express power of sale on the mortgagee. lord macmillan, after reviewing the earlier decisions of the board, held that the document required registration observing ..... of the agreement between the parties and did not require registration,16. i think on the facts of the case it can also be said with equal force that exhibit a-5 did not purport or operate to create or declare any right, title or interest in the property included in the deeds. it only .....
Tag this Judgment!Court : Kerala
Reported in : 1983LC47D(Kerala); 1983(12)ELT122(Ker)
..... and therefore, the order of acquittal of the fourth accused must be upheld.10. on going through the judgment, as a whole, i find there is considerable force in the contention raised by the counsel for the appellant that in acquitting the accused the trial court has been mainly or greatly influenced by its finding that search ..... failed to produce the authorisation issued by the assistant collector, and in view of the fact that the search was illegal the presumption under section 123 of the act will not apply to the case, acquitted the accused.6. this order of acquittal is strongly assailed by the learned additional central government standing counsel appearing for ..... abovesaid articles which were seized under a mahazar, ext. pi, attested by witnesses, on the reasonable belief that they were liable for confiscation under section 111 of the act. ext. p 2, the statement of joseph gladstone, one of the sons present, was recorded. on the same day pw7, superintendent of central excise, searched the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker324; [1989]180ITR491(Ker)
..... . the testimony of d.w. 8 to the effect that he had advanced rs. 10,000/- to d.w. 2 who was only a student without taking any security, is totally unbelievable. this witness is none other than the brother-in-law of d.w. 1 narayanan. in these circumstances the finding of the lower court that the ..... infant may consider whoever enters on his estate as entering for his use. this principle has many times been affirmed and is now embodied in the indian trusts act. section 88, trusts act provides that where a trustee, executor, partner, agent, director of a company, legal adviser or other person bound in fiduciary character to protect the interests of ..... the court made the following observation in paragraph 4 of its judgment. '4. it is next contended by the learned counsel, relying on section 82 of the indian trusts act, 1882, that arthanatha intended to provide the consideration for the benefit of his wife and that therefore the property was the absolute property of nagammal. section 82 of the .....
Tag this Judgment!Court : Kerala
Reported in : 2009ACJ2272
..... for the protection of human rights and fundamental freedoms, 1950, article 14:the enjoyment of rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, colour, language, religion, political or other opinion, national or social origin, association with a national ..... to include illegitimates and persons claiming through illegitimates, unless a contrary intention appears.23. in 1971, parliament enacted the administration act, 1971 (wa), the property law act amendment act, 1971 (wa) and the wills act amendment act, 1971 (wa), to implement the committee's recommendations.24. in sheela barse v. secretary, children aid society : ..... 1987 acj 561 (sc), held that a wide meaning should be given to the words 'legal representative' referred to in section 166 of the act and in appropriate cases even foster children will be covered by the term 'legal representative'. we have, therefore, examined the entitlement of compensation for respondent .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker149
..... defendant es president of the society and correspondent of the school in respect of a sum of rs. 20,000/- which has been deposited with the department as security for the conduct of the school. those certificates which were originally in the name of the first defendant were produced in court as e result of the inventory that ..... as originally instituted, was for partition, and separate possession of the plaintiffs share in plaint bl to f schedule items based on the1 madras marumakkathayam (removal of doubts) act (act 32 of 1955). the plaintiff and defendants 1 to 13 are members of kunnathat matambil swaroopam known as mannarshat nair veedu. it is an ancient chieftain family. there are ..... this has to be relegated to the final decree proceedings. the suit was instituted in 1956 when the malabar tenancy act was in force. there was no contention based on section 43 of the malabar tenancy act, it has been founded by us end also by the court below that the leases in favour of the appellants in a. s .....
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