Court : Kerala
Reported in : 2003(3)KLT362
..... service' or aggravated by it. it was further held that the onus was of a rebuttable nature. the medical board has to deal with the matter liberally. the scope of judicial review 'is rather limited as the high court does not act as the appellate authority'.10. on a perusal of the judgment recorded by the full bench, it appears that the ..... . further more, along with the written statement, copies of the medical sheets were produced.31. a perusal of the record shows that the sepoy had been enrolled on november 18, 1980. he was in the army ordinance corps. in 1986, he was transferred to assam unit. in 1986, he was posted in ambala. the illness had started in september, 1987. ..... . accordingly, the appeal is dismissed. no costs.w.a. no. 2637 of 199843. in this case, cpl. mamachan was enrolled as an airman in the indian air force in 1980. he was 18 years of age at that time. he had got training as electrical fitter, passed his b.a. examination and appeared for the ll.b. examination. still further .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker137
..... and take other measures relating to survey. on the issue of such notice any person interested in any land is entitled to obiect, on which objection the government or the board of revenue is to take the final decision. on such decision being taken a declaration is made under section 6 to the effect that land is needed for a public ..... no independent discussion. one of us sri. p. c. balakrishna menon. j. had occasion to advert in a recent judgment, that in l. a. a. no. 40 of 1980 decided on 17-12-1980 to the decision in state of travancore-cochin v. mathai. there, after noticing the dictum of the decision, the court applied it to the facts of the case ..... bench which by an order dated 29-10-1979 referred the case to the full bench. the reference order reads thus:'section 27 (21 of the kerala land acquisition act provides that when a claimant has omitted without sufficient reason to make the claim for comoensa-tion before the land acquisition officer, the amount awarded by the court shall in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker350
..... collected and removed, or allowed to be burnt to charcoal and removed, it will be possible to clear the area without any cost either to k.s.e. board or forest department. the possibility of collection of revenue by the department is also pointed out. this recommendation was approved by the conservator, chief conservator and the government ..... policy or action even in contractual matters fails to satisfy the test of reasonableness, it would be unconstitutional. see the observations of this court in kasturi lai lakshmi reddy (air 1980 sc 1992) and r. d. shetty v. international airport authority of india (air 1979 sc 1628 at pp. 1637-38): (1979 (3) scc 489) (at pp ..... accepted and agreement ext. p19 was executed on 13-6-1977. under the said agreement executed between the 5th respondent and the divisional forest officer ranni division, acting on behalf of the state, the right of collection and removal of timber and firewood embedded in the kakki reservoir in gopdrical range in between frl 3220' and .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT581; (2007)8VST587(Ker)
..... p. 229; probably due to later developments in the law and the academic opinion that has emerged due to the change in the perspective.335. after 1980, the decision in anisminic case came up for further consideration before the house of lords. privy council and other courts. the three leading decisions of the house ..... a presumption in construing statutes which confer jurisdiction or discretionary powers on a body, that if that body makes an error of law while purporting to act within that jurisdiction or in exercising those powers, its decision or action will exceed the jurisdiction conferred and will be quashed. the error must be one ..... makes the decision rendered ultra vires or a nullity or one without jurisdiction if the decision is without jurisdiction, notwithstanding the provisions for obtaining reliefs contained in the act and the 'ouster clauses', the jurisdiction of the ordinary court is not excluded. so, the matter assumes significance. since the landmark decision in anisminic ltd. v .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker250
..... . state, (1993) 2 ker lt 755 : (air 1994 kerala 19); kerala public service commission v. consumer disputes redressal forum, (1993) 2 ker lt 892; central board of education v. consumer disputes redressal forum, (1993) 2 ker lt 917 : (air 1994 kerala 153): anz grindlays bank v. president, dcdr forum, air 1995 cal ..... reconnection should be ordered. the decisions reported in hukumchand v. union of india, air 1976 sc 789 and anthappan v. dist. manager, telephones, 1980 ker lt 417 : [air 1980 kerala 201) were relied on for this proposition. 11. the following two questions that arise for consideration in this writ appeal :(1) whether the ..... forum lacks jurisdiction to adjudicate the matter; (2) whether the disconnection of telephone for non-payment of dues amount to deficiency in service as provided in section 2(1)(g) of the consumer protection act .....
Tag this Judgment!Court : Kerala
Reported in : (2006)200CTR(Ker)361; [2006]280ITR225(Ker); 2005(2)KLT587
..... pronouncement of the order, it was noticed that this court committed an error in calculating the amount due to the claimant under section 23(1a) of the land acquisition act ('act' for short) and the interest payable to the claimant on such amount. since the findings of this court on those points were against the decisions of the apex court ..... of the acquisition of any land, the competent authority has an obligation to deduct tax at source from those amounts. in rama bai v. c.i.t., (1980) 181 itr 400, the supreme court has held that interest on enhanced compensation for the land compulsorily acquired under the provisions of the land acquisition ..... from the land acquisition officer and he cannot be allowed to raise a contention that the land acquisition officer is not entitled to deduct amount payable under the income tax act.adjustment of the amount deposited:37. the learned counsel appearing for the respondent, relying on the decisions reported in meghraj and ors. v. mst. bayabai and ors. : .....
Tag this Judgment!Court : Kerala
Reported in : III(2007)BC770; 2006CriLJ3601; 2006(3)KLT447
..... the complainant at the stage of examination under section 200 cr.p.c. the supreme court has in several cases - see kewal krishnan v. suraj bhan and anr. 1980 (supp) supreme court cases 499 and rosy and anr. v. state of kerala and ors. : 2000crilj930 adverted to the role which a magistrate is expected to play ..... the magistrate, if the magistrate had read the complaint and the magistrate were aware of the ingredients of the offence punishable under section 138 of the negotiable instruments act to put questions farther to the complainant and ascertain whether anything further had been done and whether notice of demand had been issued. in merely reading over ..... time and that the respondent failed to pay the amount afterwards. under these circumstances, i am of opinion that no offence under section 138 of negotiable instruments act and section 420 indian penal code is made out from the sworn statement of the complainant. the complaint is therefore dismissed under section 203 crl.p.c.(emphasis .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker408
..... has been made out. there is no evidence adduced on behalf of the contesting defendants about ouster otherwise than by asserting exclusive right by way of alienation in 1980. exts. b2 to b5 are purchase certificates obtained by first defendant in 1976-1977 from the land tribunal concerned in regard to landlord's right with reference ..... is, daughter. therefore, the proviso is attracted and that being so the interest of korappan in coparcenary property must devolve by intestate succession. under the provisions of the act preferential heirs arc sons and daughters. in the absence of anything more plaintiffs claim for one-fourth share would be justified.7. according to learned counsel for the ..... or usage having the force of law ceases to have effect with respect to all matters expressly dealt with by the act'.see also badri nath v. punna (air 1979 sc 1314) and sundari v. laxmi (air 1980 sc 198). we, therefore, uphold the finding of the trial court that plaintiff has inherited one fourth share in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker257
..... fluctuates between brilliance and dullness. sometimes in the same individual brilliance in one field surprisingly appears in juxtaposition with subnormal practical apprehension in an allied field. the act is not intended to protect dull-witted people but only those who suffer from a mental disorder or derangement of the mind.' 7. a division bench of ..... mental capacity and condition of such alleged lunatic. sub-section 1 of section 65 invests the district court with powers to appoint two or more persons to act as assessors to thecourt in the inquisition, sub-section 2 of section 65 states that upon the completion of the inquisition, the court shall determine whether ..... 1. petitioner in o.p, (lunacy) no. 159 of 1980 on the files of the district court, thiruvananthapuram is the appellant. 2. appellant filed the above application under sections 40, 41, 42, 62 and 63 of indian lunacy act iv of 1812 (hereinafter referred to as the act), seeking to declare that his father's sister, pathummal beevi .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker114
..... , for which there is no evidence at all. 45. the learned subordinate judge approached the matter on the assumption that the parties are governed by the cochin thiyya act (act viii of 1107 m.e.). the first appellant as d.w. 1 had admitted that majeendran and his brothers and sisters are ezhavas. so far as omana is concerned ..... full class ticket and the 27th day kuri conducted from the bangalore branch of the 16th defendant company. itwas contended that the said kuri was auctioned on 27-8-1980 and the prize amount was paid to the subscriber on executing proper security. it was contended that the 16th defendant had filed a suit as o. s. ..... single suit for administration of estate of two deceased persons is not maintainable. secondly it is contended that in view of the provisions contained in the indian succession act which provides for a speedy and summary remedy of granting letters of administration or probate a civil suit for administration is not maintainable. thirdly, it is contended that .....
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