Court : Kerala
Reported in : AIR1996Ker79
..... . as already stated in para 22(c)(i), the extent of the submergible area was determined only after survey and remeasurement by the proper authorities recorded empowered as per act and rules and the fact was specifically at page 7 of the award. the petitioner has no right at all for such claim as he has no right over the ..... per t.s.'s report.5.03page5 iii paratotal20.57 acres the statement at page 22 annexed to the report is yet more unintelligible. 15. the district collector, palakkad, acted on this report and (ext.p2) order. the following passage from ext.p2 shows that equivocal observations of the executive engineer have been the only fulcrum of the report to ..... even under the ordinary civil law of limitation in the context.2. even under the law of limitation, it is the duty of the court (section 3 of the limitation act) to see that the cause of action and the institution of the proceeding are legally correlated by the required provision of the limitation. in a writ petition, the question .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker273
..... in the former case, it is not sufficient for the plaintiffs to prove constructive fraud, but they must prove actual positive fraud. in mans raj gupta v. dehra dun-mussooria electric tramway company ltd., air 1941 pc 93 (sic), it was held by their lordships of the privy council, that the party alleging fraud is bound ..... premises or setting up an available defence, acting contrary to an agreement between the parties that the case should not be continued or that defendant's time to answer should beextended or that the action should ..... opponent's allegation was true and not false'.21. black, in his article on 'judgments' in 23, cyclopaedia of american law and procedure, enumerates the following acts of fraud which would vacate the judgment, 'misrepresentation or tricks practised upon defendant, keeping him away from the trial, preventing him from claiming his rights in the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker262
..... and protected areas within the country and outside. the preliminary report on agasthyavanam project was sent to scientific institutions like the wildlife institute of india, dehru dun, the centre for environmental education, ahamadabad, the kerala forest research institute, peachi, the tropical botanical garden and research institute, palode, the centre for earth ..... o. p. 4084 of 1986 and that the construction of administrative block, staff quarters and residential buildings for the tourists contravenes the forest conservation act. it is asserted in o.p. 9741/1992 that places where quarters are proposed to be constructed arc inside neyyar sanctuary area which is ..... from similar contentions taken in the other original petitions there is an additional contentiop against the acquisition of petitioners' rubber plantation under the land acquisition act. 3. petitioners contend that the proposed project for biological park would result in denudation of forest in the state of kerala, that it would .....
Tag this Judgment!Court : Kerala
Reported in : 1993CriLJ1100
..... wood oil as other oils produced from wood. at page 671 of indian forest utilization, volume ii, compiled and written at the editorial board, forest research institute & colleges, dehra dun in the head of 'wood oil' it is stated : 'among the indian wood oils of importance are (i) sandalwood oil from santalum album, (ii) agar-wood oil ..... guj 9 is not applicable to the facts of this case. in that case the scope of 'forest produce' in section 2(4) of the forest act, 1927 (act 16 of 1927) was considered in relation to a question concerning the privilege conferred upon advasis who are local inhabitants of reserved forest, in regard to exploitation of ..... sandalwood. sandalwood in whatever form is 'timber' within the meaning of 2(f)(i) particularly in view of the definition of 'timber' under section 2(k) of the act. therefore, 'sandalwood oil' extracted from sandalwood which is a 'forest produce', ordinarily should partake the character of 'wood oil' which as per definition also is 'forest produce'. .....
Tag this Judgment!Court : Kerala
Reported in : 1990CriLJ1028
..... no application.'with respect we agree with the above view. we notice a similar view has been taken by other high courts. see sandal singh v. dist. magistrate and supdt dehra dun, : air1934all148 ; emperor v. jharihag, : air1939all541 ; kula chandra dutt v. emperor, air 1946 pat 191: (47 cri lj 339); ahmad din v. rijha singh, : ..... however, he is entitled to submit 'a complaint of facts which constitute an offence' contemplated in section 190(1)(a) of the code. an officer acting under the act has power to arrest without a warrant though he is bound without unnecessary delay to take the arrested person to a magistrate. he himself has power ..... different dates. it is reported that substantial quantities of primary gold were seized from them by the customs authorities under section 110 of the customs act, 1962 (for short 'the act') and they were duly arrested and produced before the additional chief judicial magistrate (economic offences), ernakulam and were remanded initially but were released on .....
Tag this Judgment!Court : Kerala
Reported in : 1989(25)LC195(Kerala); 1989(44)ELT414(Ker)
..... application.'with respect we agree with the above view. we notice a similar view has been taken by other high courts. see sandal singh v. dist. magistrate & superintendent, dehra dun, air 1934 all. 148, emperor v. jharihag air 1939 all. 541, kula chandra dutt v. emperor, air 1946 patna 191, ahmad din v. rijha singh, air ..... however, he is entitled to submit 'a complaint of facts which constitute an offence' contemplated in section 190(1)(a) of the code. an officer acting under the act has power to arrest without a warrant though he is bound without unnecessary delay to take the arrested person to a magistrate. he himself has power to ..... different dates. it is reported that substantial quantities of primary gold were seized from them by the customs authorities under section 110 of the customs act, 1962 (for short 'the act') and they were duly arrested and produced before the additional chief judicial magistrate (economic offences), ernakulam and were remanded initially but were released on .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker41; [1989]65CompCas178(Ker)
..... and it was held that it is not. that was in connection with the interpretation of section 3 of act 30 of i 1975. the same principle applies to the expression 'suit' used in the limitation act. in hansaraj v. dehra dun m.e.t. co., air 1933 pc 63 their lordships of the privy council had occasion to consider ..... whether the periods of limitation provided for suits in the limitation act will apply to the applications made by the liquidator under the companies act and their lordships heldthat the liquidator' ..... up proceedings. the provision so enacted probably did not meet with the requirement with the result that the committee appointed for examining comprehensive amendment to the companies act in its report recommended that a suit by or against a company in winding up should notwithstanding any provision in law for the time being be instituted in .....
Tag this Judgment!Court : Kerala
Reported in : [1989]66CompCas715(Ker)
..... suit and it was held that it is not. that was in connection with the interpretation of section 3 of act 30 of 1975. the same principle applies to the expression ' suit' used in the limitation act. in hansraj v. dehra dun m. e. t. co., [1933] 3 comp cas 207 (pc) their lordships of the privy council had ..... occasion to consider whether the periods of limitation provided for suits in the limitation act will apply to applications made by the liquidator under the companies act and their lordships held that the ..... conclusion by the following principles usually adopted in interpreting the provisions relating to limitation. it is well-settled that the language of an enactment especially like the limitation act must receive its natural meaning (see for example norendra nath sarcar v. kamalbasini dasi [1895-97] ilr 23 cal 563 pc and abhiram goswami v. shyama charan .....
Tag this Judgment!Court : Kerala
Reported in : [1989]65CompCas510(Ker)
..... obligation of the debtor by reason of the loan are not extinguished, the remedy to recover the loan is preserved by the act. the limitation act, therefore, has, according to counsel, no application.5. hansraj gupta v. official liquidators of the dehra dun mussourie electric tramway co. ltd. [1933] 3 comp cas 207 ; air 1933 pc 63, was cited with approval by the supreme ..... that section 7 of the public premises (eviction of unauthorised occupants) act, 1958, only provided a special procedure for the tealisation of rent in arrears and did not constitute a source or foundation of a right to claim a debt otherwise time-barred. in hansraj guptav. official liquidator of the dehra dun mussourie electric tramway co. ltd. [1933] 3 comp cas 207; air .....
Tag this Judgment!Court : Kerala
Reported in : [1986]159ITR431(Ker)
..... the purpose of his business is a permissible deduction under section 10(2)(xv) corresponding to section 37(1) of the income-tax act.68. the supreme court has reasserted this position in two later decisions in dehra dun tea co. ltd. v. cit : [1973]88itr197(sc) and mitsui steamship co. ltd. v. cit : [1975]99itr7(sc ..... third schedule.' ' chargeable profits ' are defined under section 2(5) as follows ; ' 'chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (xliii of 1961), for any previous year or years, as the case may be, and adjusted in accordance with the provisions of the first schedule.' ' statutory ..... ) .69. these judicial pronouncements do support the view i have taken that the payment of surtax is a necessary incident of carrying on the business and, therefore, the same is a permissible deduction under section 37(1) of the income-tax act .....
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