Judgment Search Results Home > Cases Phrase: civil jails act 1874 Court: kerala Page 2 of about 371 results (0.094 seconds)

In Re: Prison Reforms Enhancement of Wages of Prisoners Etc.

Court : Kerala

Reported in : AIR1983Ker261

..... presumed that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage, he is acting under the force of some compulsion which drives him to work though he is paid less than what he is entitled under law to receive ..... school of thought which believes that deterrence should be the main object of punishment and if those outside the prisons get an impression that jail life is soft and remunerative potential offenders may not fear about the consequences of their acts and in fact, may be induced to commit crimes as life inside the jail may seem to be better than that outside it. ..... a prisoner does not forfeit his citizenship nor does he lose his civil rights, except such rights as freedom of movement, which are necessarily lost because of ..... so the issue before us is whether in law the claim of the prisoners in the various jails of the state for proper remuneration for the work they are compelled to do not on their own volition, but because of the compulsions of the prison rules is enforceable ..... this communication was based on the information furnished to the high court by one of us the acting chief justice, who happened to receive complaints about, the nominal wages being paid to the prisoners ..... the international covenant on civil and political rights provides in article 10(1) that all persons deprived, of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person article .....

N. Rajan Alias Dwararaj Vs. State Rep. by Circles Inspector of Police

Court : Kerala

Reported in : 1994CriLJ322

..... emperor, air 1939 pc 47 : (40 cri lj 364) the privy council considered this aspect and observed :the word 'confession' as used in evidence act cannot be construed as meaning a statement by an accused 'suggesting the inference that he committed' the crime. ..... admissions can be proved as against the person who makes it, and section 21 of the evidence act permits such admissions being proved. ..... p9 final opinion wherein he said, there was evidence of recent sexual act prior to the death of the victim. ..... what made inadmissible under section 26 of the evidence act is confession by a person in custody of police. ..... was occupied by others also, since the place of concealment was within the exclusive knowledge of the accused, the confession which related distinctly to the discovery of the said fact is admissible under section 27 of the evidence act.19. ..... learned counsel for the appellant contended that, since the said room was being occupied by others also, the said confession cannot be admitted in evidence under section 27 of the evidence act. ..... in view of the same, the said piece of evidence is admissible as per section 21 of the evidence act. ..... confession is not defined in the evidence act. ..... if the same is not a confession, the same is an admission, relevant and admissible under section 21 of the evidence act.15. ..... it was contended that since the accused was in custody, the said confession is inadmissible because of section 26 of the evidence act. .....

Bhaskar Rao @ Rajath Kumar Shetty Vs. State of Kerala

Court : Kerala

..... is to set aside the order on the ground that it is not a speaking order and to direct the sub jail superintendent, uduppi to release the petitioner if his detention is not necessary in any other case.2. ..... annexure-aiv copy of the intimation sent by the ii addl.civil judge and jmfc,udupi dated0505-2014 annexure -av copy of the order dated3005-2014 in crl.m.c.2852/2014 annexure-avi copy of the information received from2d respondent under rti act. ..... the superintendent sub jail, sub jail, anjaru grama, kanaruguthu udupi-576113. ..... he was in custody in a criminal case in sub jail, uduppi. .....

Puthan Purakkal Joseph Vs. The Sub Collector

Court : Kerala

..... & connected cases kluo, going by the binding precedent of the hon'ble supreme court, could deal with such properties not being paddy lands covered under the act of 2008 and if they are found to be already converted could also permit a different utilisation of the land from the description as indicated in the btr ..... though the description of the land is paddy land in the btr, the competent authority as per the act of 2008 being the llmc while preparing the draft data bank found that the same cannot be utilised ..... supreme court specifically found that if a land does not come under the definition of the act of 2008, then necessarily the power for deciding conversion or utilisation would rest on the authorities ..... kluo for conversion and utilisation or for conversion alone or a different utilisation alone, the land owner could also approach the appropriate authority under the kerala land tax act, 1961 for reassessment of the land in accordance with the changed utilisation or conversion of the land. ..... (c) nos.16683 of 2015-i & connected cases "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order 1967 will be applicable to such land and the collector as defined in ..... c.k.sherin this writ petition (civil) having come up for admission on3006-2015,along with wp(c).no.18304 of2015and connected cases, the court on the same .....

Bhaskaran Vs. Sub Registrar

Court : Kerala

Reported in : AIR2005Ker278; [2006]132CompCas183(Ker); 2005(3)KLT150

..... (vii)for arrest and detention in civil jail subsistance allowanceat such rates as maybe specified by thestate government forjudgment debtorsunder section 57 ofthe codeof civil procedure, 1908(viii)collection charges 5% of the arrears to becollected'.item (viii) 'collection charges' was added by ..... the institution'.rule 5(1) was substituted by the aforesaid notification and the present rule 5(1) reads as follows:'rule 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 shall be realised from the defaulters and accounted as arrears to such institutions'.7. ..... a declaration that the petitioner therein was not liable to pay any amount as collection charges since arrears were not collected or realised under the provisions of the revenue recovery act and also for a direction to the board to refund the amount to the petitioner therein. ..... but a defaulter from whom arrears are collected under the revenue recovery act is liable to pay 5% of the arrears to be collected irrespective of the ..... the rate of 5 percent of the arrears collected under the provisions of the act on behalf of any institution notified under section 71 shall be realised from such ..... taken the view that it would not be proper to read rules 4 and 5 separately and limit the recovery under the act only to the actual arrears due and the charges specified in rule 4. .....

Adv.T.P.Pradeep Vs. the Tahzildar

Court : Kerala

..... (revenue) this writ petition (civil) having come up for admission on1102-2014, the court on the same day delivered the following: wp(c).no. ..... ext.p6 - true copy of the communication dated3110-2013 obtained under the right to information act issued by the3d respondent. ..... (c)no.1445 of 2014 2 of act 28 of 2008 are not attracted to the case on hand as per the law declared by this court in jafarkhan v. ..... the case of the petitioners is that the property owned, possessed and enjoyed by the petitioners also remitting the tax as borne by exts.p1 to p4 is not a 'paddy land' or 'wet land' as defined under sections 2(xii) or 2(xviii) of the act 28 of 2008. ..... ext.p6 communication issued by the third respondent reveals that the property is not a 'paddy land' or 'wet land' and the same has been shown as a 'converted land' having effected conversion before commencement of the 'act'. .....

P.S. Binoy Vs. State of Kerala

Court : Kerala

..... crl.r.p no.860 of 2014 ~~~~~~~~~~~ dated this the 22nd may, 2014 order on indictment under section 138 of the negotiable instruments act, the revision petitioner herein faced trial before the judicial first class magistrate-v, kottayam in s.t no.46 of 2010. ..... the learned counsel for the revision petitioner made a request to reduce the jail sentence to the minimum possible under the law and to convert the fine as compensation, so that the dispute could be settled between the parties and payment also could be directly made to the complainant ..... the sentence imposed by the courts below is modified to the effect that the jail sentence will stand reduced to imprisonment till rising of court, and the fine sentence will stand altered as compensation under section 357 (3) of ..... , i find in revision that the case on facts stands well proved by the complainant, and that conviction under section 138 of the negotiable instruments act was rightly made by the trial court and the appellate court.5. ..... no crl.r.p no.860 of 2014 5 reduction in the amount of cheque can be made when the complainant has admittedly not pursued any civil action for realisation of the cheque amount. ..... evidence given by the complainant stands not discredited, and the presumption thus available to him under section 139 of the n.i.act stands not in any manner rebutted. ..... the result, this revision petition is allowed in part, confirming the conviction under section 138 of the negotiable instruments act, but modifying the sentence. .....

Narayanankutty .C Vs. State of Kerala

Court : Kerala

..... with a view to do substantial justice to the complainant, who has not so far initiated civil action, the appellate court has directed payment of 99,500/- to the complainant from out of the fine amount. ..... .r.p no.933 of 2014 ~~~~~~~~~~~ dated this the 22nd may, 2014 order the revision petitioner herein challenges the legality and propriety of the conviction and sentence against him under section 138 of the negotiable instruments act in c.c no.582 of 2010 of the judicial first class magistrate court-ii, palakkad. ..... though a jail sentence of imprisonment of three months was initially imposed by the trial court, the appellate court reduced the jail sentence to the minimum possible under the law, and the direction to pay compensation was altered to fine sentence. ..... this evidence given by the complainant stands not discredited, and the presumption thus available to him under section 139 of the negotiable instruments act stands not in any manner rebutted. ..... accordingly, the jail sentence was reduced to imprisonment till rising of court, and the direction to pay compensation was altered to a fine sentence of 1,01,000/-.5. ..... in the above circumstances, the conviction in crl.r.p no.933 of 2014 4 this case under section 138 of the negotiable instruments act is only to be confirmed in revision.6. ..... on an appreciation of the evidence, the learned magistrate found him guilty under section 138 of the negotiable instruments act. .....

C.A.Unnikrishnan Vs. State of Kerala

Court : Kerala

..... registry is directed to communicate this order to the court below immediately by fax, so as to enable the court below to issue necessary release order to the jail authorities to releae the revision petitioner, so as to enable him to pay the amount, within the time extended by this court. sd/- k. ..... further it is also settled law that, cases under section 138 of the negotiable instruments act are basically civil in nature, but criminal colour has been given by introducing section 138 in the negotiable instrument act, so as to make the drawer of the cheque to pay the amount and not to send him to jail. ..... p.no.626 of 2011 9 no provision for payment of compensation in cases where the accused is found guilty under section 138 of the act, but court has got power to impose fine, to the extent of double the cheque amount and once the fine is quantified, compensation can be paid out of the fine amount ..... 626 of 2011 8 circumstances, courts below were perfectly justified in coming to the conclusion that the complaint is maintainable and the revision petitioner had committed the offence punishable under section 138 of the act and the concurrent findings of the court below on this aspect do not call for any interference.10. ..... of enquiry, this court felt that the revision can be disposed of today, after hearing the counsel for the revision petitioner and public prosecutor, dispensing with further notice to the complainant, as the accused is in jail now, as he had not executed the bond as directed.5. .....

Preman Vs. N.K.Nazar @ Nizar

Court : Kerala

..... 'ble apex court held therein that the offence under section 138, ni act is basically of civil nature, but criminal colour has been given for the said offence by incorporating the same in the ni act. ..... for the conviction under section 138 ni act, the trial court sentenced the petitioner to undergo simple imprisonment for a period of ten months and the said substantive sentence was maintained by the ..... the jail sentence is reduced to the period of imprisonment already undergone by the ..... decision in damodar's case (supra), the petitioner is further directed to pay an amount of 10,000/- to the crl.r.p.379/15 6 kerala legal services authority within a period of three weeks from the date of his release from jail. ..... 379/15 4 was further held that the very intention of the legislature in enacting the said provision is to make the drawer of the cheque to pay the amount by giving an opportunity and not to send him to jail. ..... question to be decided is whether the sentence imposed on the revision petitioner for the conviction under section 138 ni act calls for interference. ..... entered against the revision petitioner under section 138, ni act is confirmed.4. ..... conviction was concurrently entered against the revision petitioner by the courts below under section 138, ni act. ..... ========================== dated this the 20th day of march, 2015 order this revision petition is directed against the conviction concurrently entered against the revision petitioner under section 138 of the negotiable instruments act. .....