Judgment Search Results Home > Cases Phrase: civil jails act 1874 Court: kerala Page 1 of about 371 results (0.099 seconds)

The Deputy Tahsildar, (RR) Kerala Financial Corporation and Another Vs ...

Court : Kerala

..... (3) institutions except government departments accepting defaulted payments directly from the defaulter after initiating revenue recovery proceedings under the kerala revenue recovery act, 1968 (15 of 1968) and filing the certificate by the district collector under subsection (3) of section 69 of the said act shall be liable to pay 1% of the amount so collected towards service charge for the initiation of revenue recovery proceedings against the defaulter and to intimate the fact of such ..... rules 5(1), (2) and (3) now indicates as under: 5(1): collection charges at the rate of 5 percent of the arrears to be collected under the provisions of the act on behalf of any institution notified under section 71 or collected on behalf of any institution under section 68 when the arrears does not exceed rupees five lakhs and at the rate of 7.5% when the arrears ..... 6/5/2008, the institutions accepting defaulted payments directly from the defaulter after initiating revenue recovery proceedings and filing the certificate by the district collector under sub section (3) of section 69 of the act, shall be liable to pay 1% of the amount so collected towards service charges for initiating revenue recovery proceedings against the defaulter. ..... obnoxious to hold that the cost of recovery, which are otherwise payable by the defaulter should alone be liable to be recovered by an ordinary civil suit and not under the revenue recovery act when the entire arrears could be recovered under the said act. .....

Kunhambu Nambiar Vs. State of Kerala

Court : Kerala

Reported in : AIR1957Ker174; 1957CriLJ1264

..... such arrest followed by the detention in civil jail is authorised by section 55 of c. p. c. ..... 55 of 1950 and he has deposed that he had filed an execution petition praying that for realising the decree debt due from the judgment-debtor-accused, he may be arrested and sent to the civil jail. ..... p1 was issued he was the acting head clerk of the court, the permanent head clerk being on leave. ..... in the present case the act committed by the accused is forcible escape from the custody of pw. ..... 5.in order that this act may amount to an offence under section 225b, two pre-requisites must have been satisfied and they are: (1) pw. ..... , thus the trial court as well as the appellate court have believed the prosecution evidence and have concurrently found that the accused had committed the act alleged against him. .....

Thangal Vs. State of Kerala

Court : Kerala

Reported in : AIR1961Ker331

..... the warrant of arrest is a lawful apprehension however mistaken the executing court may have been in exercising its discretion to direct that apprehension and escape from and obstruction to that apprehension are unlawful acts under section 225b, penal code, and the pushing of the peon by the accused not being justified in law amounts to an assault justifying his conviction under section 353'.11. ..... the authority of which he was making the arrest had been legally issued by a competent authority, arrest followed by the detention in civil jail is authorised by section 55 of the civil procedure code. ..... lordships observed: 'the alteration of the conviction of the appellant from section 299 to section 300 of the calcutta municipal act, 1923 read with section 488 of the act, was no alteration in the substance of the accusation but only in the section more properly applicable to the facts found ..... have the effect of making the order of attachment illegal or void'.we are in respectful agreement with the view expressed in all these decisions and we hold that even though the learned judge had acted in an injudicial manner in issuing notice and arrest simultaneously the warrant of arrest on that ground does not become illegal.13. ..... the commentaries in gour's penal law 'the word 'rescue' has not been defined in the code, but it is evidently used in the sense it has been used in english law, as implying the act of forcibly freeing a person from custody against the will of those who have him in custody. .....

K.N.Chandran Vs. State of Kerala

Court : Kerala

..... directing them to pay the bond amount of `10,000/- each and if crl.a.no.161 of 2007 :-2-: defaulted, to undergo imprisonment in civil jail for one month each. ..... factual averments in the appeal memorandum and from the submission of the learned counsel is that the appellants stood as sureties for the accused in a sessions case, where the offence alleged is under section 55(a) of the abkari act. .....

M.T. Ghee Dee, Frankula Vs. District Collector, Ernakulam

Court : Kerala

Reported in : AIR1992Ker376

..... the case of the department that the defaulter dishonestly sold his right in respect of 35 cents of land, ignoring his civil liability to pay arrears, on 26-12-80 the 35 cents of land, the sales of which have been referred in ext. ..... discharge of liability due to the state or other authority, provision is made to recover the same under the kerala revenue recovery act, 1968 which include the provision for arrest of defaulter in case of wilful and fraudulent non-payment of arrears. ..... has a case that the sales were effected after the issue of notice under the revenue recovery act, there are adequate provisions for avoiding such sales and bringing the property for sale. ..... by a learned single judge:'arrest and detention of a defaulter in civil prison under section 65 of the act are something which should be resorted to only if there is sufficient material to prove beyond a shadow of doubt that the ingredients required to be satisfied by section 65 of the act are well-established. ..... the petitioner in this case has been arrested and detained in civil prison for nonpayment of contribution towards toddy workers welfare fund in respect of ..... order authorising issue of warrant of arrest under section 65 of the revenue recovery act by the district collector, the validity of which is challenged in this petition.3. ..... was shown to the petitioner on 9-4-92 when he was produced before the district collector and the district collector, by separate order, sent petitioner to civil prison, viyyur central jail. .....

Sajitha Vs. State of Kerala

Court : Kerala

Reported in : 2003(1)ALT(Cri)188; I(2003)DMC222

..... chilukuri venkatanarayanan (air 1954 sc 176) made the following observation:''(4) it may be stated at the outset that the presumption, which section 112 of the indian evidence act contemplates, is a conclusive presumption of law which can be displaced only by proof of the particular fact mentioned in the section, namely, non-access between the parties to the marriage at the time when according to the ordinary course of ..... drive home the point, we may refer to some of the reported cases where the course have applied rule of evidence contained in section 112 of the indian evidence act and declared the legitimacy of a child born during wedlock, even though the child had been born prematurely. ..... could be established not merely by positive or direct evidence; it can be proved undoubtedly like any other physical fact by evidence, either direct or circumstantial which is relevant to the issue under the provisions of the indian evidence act, though as the presumption of legitimacy is highly favoured by law it is necessary that proof of non-access must be clear and satisfactory. mr. ..... the decision of the criminal court in a criminal proceedings will not operate as decisive in any civil proceedings between the parties regarding the paternity of the child.in the result, the revision filed by the husband (r.p. (f.c ..... the reason for insisting on proof beyond reasonable doubt in criminal cases is to guard against the innocent being convicted and sent to jail if not to extreme penalty of death. .....

Dedha and Co. Vs. Paulson Medical Stores and ors.

Court : Kerala

Reported in : AIR1988Ker233

..... there is neither equity nor reason nor justice that the doer of the act who knew, or is presumed to have known that the act he committed was unlawful as constituting either a civil wrong or a criminal offence should be entitled to claim contribution or indemnity from ..... matter of fact they might not have known that the notification had been issued on 26-5-1971, they ought to have known, as licensees under the drugs act, that what they sold in their shop were goods which had been notified under the food adulteration rules. ..... plaintiffs, a notification had been issued on 25-5-1971, and published in the gazette on 26-5-1971, under appendix b of the prevention of food adulteration rules, 1955, made under the prevention of food adulteration act, 1954 (the 'food adulteration act'), whereby sacchrine sodium was included in appendix b prescribing certain standards of quality. ..... plaintiffs is that the first plaintiff, a partnership firm, was a licensee under the drugs and cosmetics act, 1940 (the 'drugs act') and the other two plaintiffs were partners of the firm. ..... longer applicable in england after the parliament enacted the law reform (married women and tortfeasors) act, 1935, and finally, the civil liability (contribution) act, 1978. ..... the plaintiffs contravened the provisions of the food adulteration act and the rules as much as the defendants did like the first defendant, the plaintiffs sold goods classified as food and manufactured in contravention of the statutory provisions regarding the .....

Abdul Salam Vs. Chalil Sajida and anr.

Court : Kerala

Reported in : I(2003)DMC774

..... chitukuri venkatanarayanan, air 1954 sc 176, made the following observation:'(4) it may be stated at the outset that the presumption, which section 112 of the indian evidence act contemplates, is a conclusive presumption of law which can be displaced only by proof of the particular fact mentioned in the section namely non-access between the parties to the marriage at the time when according to the ordinary course of ..... to drive home the point, we may refer to some of the reported cases where the course have applied rule of evidence contained in section 112 of the indian evidence act and declared the legitimacy of a child born during wedlock, even though the child had been born prematurely. ..... -access could be established not merely by positive or direct evidence, it can be proved undoubtedly like any other physical fact by evidence, either direct or circumstantial which is relevant to the issue under the provisions of the indian evidence act, though as the presumption of legitimacy is highly favoured by law it is necessary that proof of non-access must be clear and satisfactory. mr. ..... the decision of the criminal court in a criminal proceedings will not operate as decisive in any civil proceedings between the parlies regarding the paternity of the child.in the result the revision filed by the husband [r.p. ..... the reason for insisting on proof beyond reasonable doubt in criminal cases is to guard against the innocent being convicted and sent to jail if not to extreme penalty of death. .....

Kochupennu Kochikka Vs. Kochikka Kunjipennu and ors.

Court : Kerala

Reported in : AIR1961Ker226

..... in the sub-court at quilon, and it is against the appellate order of that court that the present second appeal has been filed on 5th february 1959 when the travancore-cochin high court act (act v of 1125, as amended by act i of 1952) was in force.under that act, a single judge of the high court had the power to hear only such of _ the second appeals as would come within the limit prescribed by clause (c) of sub-section (4) of section 20 of that ..... . it is clear that these rules are intended to regulate' the internal working of the court and the practice and procedure to be followed by the court in the matter of administration of justice.that the impugned act deals only with the practice and procedure of the high court, is made abundantly clear by the preamble itself which states that the object of the enactment is to make provision for regulating the business and ..... this limit has undergone a change by the recent amendment of section 13 of the kerala civil courts act, brought about by the passing of the kerala civil courts (amendment) act, act xii of 1959.by section 4 of the amending act, the pecuniary limit of rs. ..... superintendent, presidency jail, calcutta, (s) air 1955 sc 367, it was observed that --'it is well settled that the language of the entries in the seventh schedule must be given the widest scope of which their meaning is fairly capable because they set up a machinery of government and are not mere acts of a legislature subordinate to the constitution. .....

K.A. Pradeep Vs. Branch Manager, Nedungadi Bank Ltd. and ors.

Court : Kerala

Reported in : AIR2007Ker269

..... the interlocutory application was filed by the petitioner under section 151 of the code of civil procedure read with rule 22 of the civil rules of practice producing power of attorney dated 18-1-2003 executed by the 2nd defendant in the suit in his favour and ext. ..... john kurien 1988 (1) klt 673 to argue that the scope of rule 14 of order 6 of the cpc is not circumscribed by any rules in civil rules of practice and that even an oral authorisation will be sufficient. ..... the counsel submitted that rule 22 of the civil rules of practice does not insist on any power of attorney and that any other written authority containing authorisation will suffice. ..... however, the power of attorney in question is liable to be construed as 'other written authority' for the purpose of rule 22 of the civil rules of practice.the petition succeeds. ..... vinod madhavan on section 85 of the indian evidence act and the decision of the supreme court in jugari singh and anr. v. ..... section 85 of the indian evidence act provides for certain presumptions regarding power of attorney and that section reads as follows:the court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary ..... rule 22 of the civil rules of practice, which deals with situations where the party appears by an agent other than a pleader, provides that the in view of rule 22 agent shall file in the court the power of attorney or other wirtten authority .....