Court : Kerala
Decided on : Sep-13-2007
Reported in : II(2008)DMC132; ILR2008(2)Kar1432; 2008(5)KLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008CriLJ2490; 2008(3)AICLR396(DB)
..... normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for 'dowry' as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. since an essential ingredient of section ..... the details were not mentioned in the requisite column of the inquest report, therefore, the presumption will be that the eye witnesses did not mention the overt acts in their statements before the police. to begin with it seems to us that the learned additional sessions judge's approach is legally erroneous. a statement recorded ..... cruelty, which ultimately resulted in the unnatural death of the deceased. depending on the facts brought on record it should take support from the presumption under evidence act.9. it is also well settled that though initial presumption comes to the aid of the prosecution, the prosecution is not absolved of its duty or .....
Tag this Judgment!Court : Kerala
Decided on : Nov-13-2007
Reported in : 2008(I)KLJ203
..... except certain specific deviations made under sections 140, 142 and 143 of the n.i. act, the criminal procedure code has to be followed. the complaint, appeal and revision petition ..... is as follows:section 2(n): 'offence' means any act or otomission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle-trespass act, 1871 (1 of 1871);admittedly for the trial of the offence under section 138 ..... honourable supreme court was considering two connected appeals. the appellant was convicted for an offence punishable under sections 7 arid 16 of the prevention of food adulteration act, 1954. the learned judicial magistrate (economics offences), bareilly, found the accused guilty and convicted him and sentenced him to undergo rigorous imprisonment for one year .....
Tag this Judgment!Court : Kerala
Decided on : Dec-13-2007
Reported in : 2009(1)KLJ6
..... of the entire evidence. proof affidavit is allowed to be filed in lieu of chief examination, after the amendment of the code of civil procedure by the amendment acts of 1999 and 2002. a mere statement by the plaintiff in his chief examination reiterating the case put forward by him in the plaint, cannot be taken as proof ..... nripendra bahadur singh v. rai ram verma and ors. : [1978]1scr208 .13. though the decisions referred to above arose while interpreting the provisions of the representation of people act, the same principles would be apply in cases like this as well, when it comes to the question of finality of the voters list. the polling officer was not bound ..... on the basis of the request made by the advocate general of kerala to the honourable chief justice of kerala for deputing judicial officers all throughout the state to act as polling officers in the election to the bar council of kerala. the second defendant at the relevant time was the judicial magistrate of the first class-ii, .....
Tag this Judgment!Court : Kerala
Decided on : Nov-23-2007
Reported in : (2008)16VST134(Ker)
..... tax under section 5a?7. the state government has issued the notification s.r.o. no. 403 of 1994 in exercise of its powers under section 10 of the act. by the said notification, the state government has granted exemption from payment of purchase tax on certain commodities such as soft wood, etc., if it is used in the ..... as under:(1) was the appellate tribunal correct in law in not holding that the revision petitioner is entitled for exemption from purchase tax under section 5a of the kgst act for the turnover on the soft wood consumed for the manufacture of block board considering s.r.o. no. 403 of 99 as also clarificatory letters dated june 8 ..... is of the view that the clarification issued by the under secretary to the state government is not in the nature of a notification issued under section 10 of the act and therefore, the first appellate authority could not have relied upon the said clarification. apart from this, the tribunal is also of the opinion that the clarification issued by .....
Tag this Judgment!Court : Kerala
Decided on : Nov-30-2007
Reported in : (2009)20VST433(Ker)
..... the director of industries which was impugned in the earlier writ petition (exhibit p10 marked in this writ petition). this court found that the director had acted as the mouth piece of the state level committee and apparently the decision to reject the petitioner's application for exemption was taken by the committee ..... ksidc or kfc, where the unit is assisted by either of the these two agencies. the kfc is a statutory body incorporated under the state financial corporations act. the ksidc is a non-statutory government of kerala undertaking. both aforementioned corporations are essentially financing agencies, intended to encourage industrial entrepreneurship in the state. but ..... other goods for sale within the state or inter-state (b) in respect of the surcharge payable under section 3 of the kerala surcharge on taxes act, 1957. clause 10 of exhibit p1 notification enumerates the conditions and restrictions in relation to grant of exemption in the case of new industrial units. the .....
Tag this Judgment!Court : Kerala
Decided on : Mar-21-2007
Reported in : ILR2008NULL974
..... below went wrong in drawing the presumption under section 139 in favour of the complainant even without considering whether the complainant is the 'holder' as defined under the act. as the title to section 139 itself indicates presumption under the said provision can be drawn only in favour of 'holder'. these facts are discussed in detail ..... circumstances of each case, the court will have to examine whether the instrument involved is 'cheque' as defined under section 5 read with section 6 of the act or whether it was only a 'blank cheque leaf containing the signature alone. depending upon the facts and circumstances of each case, the court will have to ..... the execution and issuance of ext. p1 cheque stands proved, complainant is entitled to get the benefit of presumption as envisaged under section 139 of the n.i. act. by applying that presumption it can be seen that, ext. p1 cheque was issued by the accused for discharging his legally enforceable liability towards the complainant'. the lower .....
Tag this Judgment!Court : Kerala
Decided on : Nov-22-2007
Reported in : (2009)20VST495(Ker)
..... no. 7190 of 2000 is quashed. the assessment orders in the other connected original petitions to the extent confirmation is made under section 7(12) of the act are also quashed. the assessing authority shall pass consequential orders refunding the balance amount due to the petitioners/assessees, after adjustment of the surcharge payable by them ..... surcharge payable and if there is any further excess, necessarily the asses-see is entitled for refund of the same. the confirmation under section 7(12) of the act in such circumstances, is wholly unauthorised and without jurisdiction. the assessment orders to the extent confirmation under section 7(12) are set aside. exhibit p11 in o ..... learned single judge of this court drew the distinction between the excess tax collected and excess tax remitted and held that section 46a(1) of the kgst act provides for forfeiture of excess tax collected. that provision has no application towards the excess tax remitted. to add, i may say even when the assessee .....
Tag this Judgment!Court : Kerala
Decided on : Dec-05-2007
Reported in : [2008(116)FLR1124]; (2008)IILLJ1016Ker
..... detail. the concept of gratuity has been the subject matter of judicial interpretation in several decisions over the years. even before the enactment of the payment of gratuity act, 1972, the supreme court, in the decision of indian hume pipe co. ltd. v. workmen : (1959)iillj830sc held thus:gratuity is a kind of ..... to the petitioner is excess ex gratia amount mistakenly paid under the voluntary retirement scheme. the 1st respondent approached the controlling authority under the payment of gratuity act seeking payment of balance gratuity amount due to him. rejecting the contention of the petitioner that they are entitled to deduct the excess amount of rs. 70 ..... employer can deduct certain amounts allegedly due from the employee to the employer from the amount of gratuity due to the employee under the payment of gratuity act.2. the petitioner herein is a government company. the 1st respondent opted for voluntary retirement under a voluntary retirement scheme introduced by the company. the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-07-2007
Reported in : [2008(117)FLR266]
..... its workmen : (1979)illj266sc .4. it is not even necessary that a registered body should raise the dispute. once it is shown that a body of workmen either acting through their union or otherwise has sponsored the dispute it becomes an industrial dispute. (see newspapers ltd., allahabad v. u.p. state industrial tribunal and ors. : ..... proceedings before the tribunal or labour court.3. i have considered the rival contentions. 'industrial dispute' is defined in section 2(k) of the industrial disputes act thus:'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with ..... pending before that high court.2. the learned counsel for the 2nd respondent opposes the contentions of the petitioner. he would submit that the industrial disputes act does not require that an industrial dispute should be raised by a recognised union or a majority union, or that in an industrial dispute workmen can .....
Tag this Judgment!Court : Kerala
Decided on : Jan-31-2007
Reported in : [2007(114)FLR295]
..... respondents. they have proceeded to hold that he was permanently incapacitated to continue in service without considering the effect of other provisions of section 47 of the act.5. i quash the impugned orders. there will be a direction to the third respondent to either provide a suitable employment to the petitioner, ignoring the ..... pension. no distinction whatsoever is to be made between a temporary or permanent employee. no technical plea shall stand in the way of the benefit of the act given to a disabled employee, the disability being in the course of employment. in this context, it will be profitable to extract paragraph 12 of the judgment ..... (sc) : 2003(4) aic 514 (sc) the petitioner is entitled to the benefits under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. it is seen from the judgment that the supreme court repelled the stand taken by. the central government that for want of provision in the rules, no pension could .....
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