Judgment Search Results Home > Cases Phrase: cattle trespass act 1966 chapter i preliminary Sorted by: recent Court: kerala Page 1 of about 15 results (0.083 seconds)

Eapen Chacko Vs. Collector of Kozhikode

Court : Kerala

Reported in : AIR1962Ker10

s. velu pillai, j. 1. the petitioner, who is the lessee of an estate in malabar and at whose instance a cattle-pound was established with the sanction of the district collector accorded under section 4 of the cattle trespass act, 1871, seeks to quash ext. p-7, by which the collector ordered its abolition. it appears, that on complaints received, a notice, ..... the executive government with which it is not competent for the civil court to interfere'.there is nothing in the provisions of the cattle trespass act to indicate, that the collector was exercising anything other than executive power and on this ground, this petition is bound to fail.3 the objection taken on the merits ..... , by the petitioner's counsel was, that remedies have been provided by chapter v of the aforesaid act, and that therefore the abolition of the pound was not warranted. chapter v deals with illegal seizure or detention of cattle, but on a perusal of ext. p-6 it is seen, that although the charges are, for the .....

Project Engineer, Kerala Road Fund Board Vs. Thankappan and Others

Court : Kerala

..... to be removed by the secretary under sub-section (2) may, notwithstanding that such animal is not a cattle as defined in the kerala cattle trespass act, 1961 (26 of 1961), be impounded and dealt with under the provisions of that act. (4) any article, vehicle, package, box, or any other thing caused to be removed by the secretary ..... the land beneath the bunk of petitioner is required for construction of a bus-bay. petitioner claims right to carry on street vending under the 2014 act. the 2014 act has been enacted to protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto. 14. ..... in detail came to the conclusion that rights of street vending cannot be claimed on national highways and the national highways authority have power under the 2002 act for prevention of occupation of highways and removal of unauthorized occupation. it was further held that definition of street vendor does not indicate that right of .....

The Trivandrum Golf Club and ors. Vs. State of Kerala

Court : Kerala

..... his right is not juristical possession but only occupation under a permissive arrangement. the moment the permission is withdrawn, the possession of the licensee is that of a trespasser. where the licence is found revocable at the instance of the licensor, can such a licensee maintain a suit for perpetual prohibitory injunction to continue user of ..... the permission is withdrawn by the licensor, he has not even the status as a licensee but only as a trespasser. no doubt, the declaratory decree can be asked for otherwise than under section 34 of the specific relief act, if a person is so entitled to such declaration. in vemareddi ramaraghava reddy and ors. v. konduru seshu reddy ..... purpose of the licensor, the licensor shall have the right to cancel the licence and to resume the property at the expiry of 30 years from 11th october, 1966 by giving the licensee two years' notice. the licensor shall also have the right to cancel the licence and resume the property at any time, without notice in .....

Deepa Vs. Laly Mathew

Court : Kerala

Reported in : 2003(1)KLT87

..... meaning has to be given to the word proceeding appearing in section 25 also. relying on decision reported in ram chandra v. state of u.p. (air 1966 sc 1888) sri. krishnanunni, the learned counsel appearing for the respondent, contended that the word proceeding before civil court is a proceedingother than the suit and ..... ground that alternate remedy is available under article 227 of the constitution. that is the reason why a proviso was added to section 115 by the amendment act of 1976. the legislature considered the recommendations made by the report of the arrears committee headed by justice malimath. the committee agreed in principle that the ..... objected to by the learned counselappearing for respondents 1 and 2 stating that the certificate of marriage issued by the marriage officer appointed under the special marriage act shall be deemed to be conclusive proof and hence the documents cannot be sent for expert opinion. the learned subordinate judge after hearing both sides dismissed that .....

Nature Lovers Movement Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2000Ker131

..... . when the initial entry into the forest land by the occupants was in pursuance of such decision of the government, it cannot be said that they are trespassers or encroachers. the eviction of such occupants from forest land is found to be impracticable in the present set up.89. the state further emphasized that the ..... protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment. however, in order to mitigate their hardship we would direct the government of india ..... 24,000 acres were made available for cultivation of food crops. in exercise of the powers conferred on them by section 7 of the government land assignment act, act 111 of 1097, government of his highness maharaja were pleased to make the kuthakappaltom rules for the grant of leage of government lands for cultivation in g.o .....

C.K. Rajan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1994Ker179

..... the government, in their statement dated 2-12-1993 have only stated that regarding the encorachment of devaswom properties, the suggestions may be accepted and the lands trespassed upon should be got vacated. regarding construction of the statue 'guruvayur kesavan', it is stated that those who are responsible should be dealt with by the ..... call them for cross-examination. the further question whether the appointment of the commissioners falls within the terms of order xlvi of the supreme court rules, 1966 is of technical significance only, because there was inherent power in the court, in the particular circumstances of thiscase to take that action.'amarendra nath sen ..... accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of .....

Avvammada Pathummabi and ors. Vs. Avvammada Sarommabi and ors.

Court : Kerala

Reported in : AIR1992Ker56

..... the amin kacheri of androth by maneth kunhikoya and his nephew avvammada attayikka. attayikka is described as (vernacular omitted -- ed.) of kunhikoya. the complaint was about trespass over trees belonging to petitioners in their land aanam a joint petition was filed since the 1 st petitioner was not able to join the petition earlier on account ..... of koya under ext. b2 were made over to his wife and children under ext. b87 dt. 31-3-1955 to take effect after his death. in 1966 a compromise was entered into among kunhibi and 3 others. the dispute was in respect of 97/45 udampadi land. that was divided into four portions and one ..... hindus into muhammad anism. the division of tarwad properties can therefore be only in accordance with the marumakkathayam law as it stood before the madras marumakkathayam act and the aliyasanthana act which were made applicable to the malabar and south kanara district of the erstwhile madras presidency.27. now regarding the division of properties. according to .....

Motor and General Finance (India) Ltd. Vs. Mary Mony and ors.

Court : Kerala

Reported in : 1991ACJ101

..... parties to seek relief for compensation in ordinary courts in regard to accidents arising out of the use of motor vehicles and entrusted under section 110 of the act with the motor accidents claims tribunal. a complete adjudication of all the claims for compensation in such circumstances is absolutely necessary. then alone, the statute will ..... injuries is entitled to be compensated and the tribunal is authorised to determine the amount of compensation which appears to be just....section 110(1) of the act empowers the state government to constitute one or more motor accidents claims tribunals for such area as may be specified for the purpose of adjudicating upon claims ..... the bailment by the chattel is a simple facet of the ordinary law of negligence or trespass and does not necessitate exhaustive discussion. he will be liable if, through the negligent misuse of the chattel by himself or his servants acting in the course of their employment, a third party is foresee-ably injured or property .....

The Motor and General Finance (India) Ltd. Vs. Mary Money and ors.

Court : Kerala

Reported in : I(1991)ACC379

..... parties to seek relief for compensation in ordinary courts in regard to accidents arising out of the use of motor vehicles and entrusted under section 110 of the act with the motor accidents claims tribunals. a complete adjudication of all the claims for compensation in such circumstances is absolutely necessary. then alone, the statute will ..... injuries is entitled to be compensated and the tribunal is authorised to determine the amount of compensation which appears to be just...section 110(1) of the act empowers the state government to constitute one or more motor accidents claims tribunals for such area as may be specified for the purpose of adjudicating upon claims ..... the bailment by the chattel is a simple facet of the ordinary law of negligence or trespass and does not necessitate exhaustive discussion. he will be liable if, through the negligent misuse of the chattel by himself or his servants acting in the course of their employment, a third party is forceably injured or property is .....

State of Kerala and anr. Etc. Vs. K.C. Moosa Haji and ors. Etc.

Court : Kerala

Reported in : AIR1984Ker149

..... of ours is supported by the case of clark v. gaskarth, (1818) 8 taunt 431. that was a case of a trespass for breaking and entering the closes of the plaintiffs and tearing up digging up, cutting down, and carrying away the plaintiff's trees ..... the supreme court (air 1973 sc 2498) it was noticed that the 'product of a farm may include the increase of cattle on the premises,' but not anything attached to the land like trees. their lordships said (at pp. 2502-3) :--' ..... plantation adjacent to the jungle tracts in question were replanted in 1970 and 1971, and some other areas in 1965 and 1966. it is therefore possible that the smokehouse was being put to limited use during the relevant period: but that cannot ..... act would have continued to apply to these pockets also. admittedly, the rubber area was also part of a private forest at some point of time in the past; and there is no evidence to show that the conversion was prior to 1949. the replanting particulars noted in ext. al (between 1959 and 1966 .....