Court : Kerala
Reported in : AIR1984Ker99
..... respondent herein, applied for shifting the kudikidappu. the alternate site was not owned by the landowner at the time when the requisition under section 75 (2) of the act was made or when the application for shifting was made. thereafter, the first respondent obtained a gift of the alternate site from his father, issued a fresh notice under ..... collusiveness of a prior decision or the general principles of res judicata is applicable even to quasi judicial bodies like the land tribunals functioning under the kerala land reforms act. on principle it appears to us that this should be so, as these tribunals are invested with the task of deciding important rights and have to do so ..... second application and that the principles of res judicata embodied in section 11 of the c.p.c. and other similar provisions do not apply to proceedings under the act. an appeal was taken against the judgment of the learned judge and a division bench, of which one of us (myself) was a member, sustained the judgment .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker283
..... marital obligations for a period of three years. the words 'without reasonable cause' are significantly absent in clause (ii). as earlier stated, the dissolution of muslim marriages act, 1939 is an enactment to consolidate and clarify the muslim law relating to a woman's right to obtain a decree for dissolution of marriage. the husband has absolute ..... an outlet; but, it cannot equally be forgotten that the dissolution of a muslim marriage at the instance of the wife is governed by the provisions of the act, and the words occurring in the enactment have to be given their ordinary and reasonable meaning nor are there any compelling reasons to place a highly restrictive meaning ..... were pronounced by both the courts below. the courts below have concurrently found that a ground under clause (ii) of section 2 of the dissolution of muslim marriages act, 1939 has been made out by the wife against the husband. under clause (ii) of section 2 a woman married under muslim law shall be entitled to obtain .....
Tag this Judgment!Court : Kerala
Reported in : 1981CriLJ1892
..... accused nos. 2 to 4 'cri. m- p. no. 3152/ 80', stating that they being commissioner and municipal councillors are protected under section 397 of the act and also under section 197 of the code and their prosecution is incompetent for want of previous sanction from appropriate authorities.6. the learned magistrate after hearing both sides, ..... municipality, and may place and maintain posts, poles, standards, etc, in the municipality not owned by the state government or the central government and to do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipet drain, channel, etc., etc. in an effective state for the purpose of which it is ..... of karnataka reported in : 1979crilj651 . this decision has no application to the facts of the instant case. the question of paying compensation etc. arises only after the act. as is clear from the wording of the proviso; as the payment of compensation has to be done with the sanction of the council. for obtaining sanction of .....
Tag this Judgment!Court : Kerala
Reported in : 1979CriLJ295
..... mudaliar air 1950 mad 566 discussing the scope of the term agriculture, said thus:in my opinion the word 'agriculture' is used in section 2, income-tax act in a wide sense so as to denote the raising of useful or valuable products which derive nutriment from the soil with the aid of human skill and ..... concise law dictionary gives the meaning of the term 'agriculture' thus :agriculture includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping (agricultural holdings act, 1948, section 94).in mitra's legal and commercial dictionary the term 'agriculture' is explained thus :agriculture' includes animal husbandry, dairy farming, pisciculture and poultry farming- ..... that be so, no conviction could be entered on the basis of the analysis of such sample.4. section 10(2) of the prevention of food adulteration act 1954 reads:10 (2) any food inspector may enter and inspect any place where any article of food is manufactured, or stored for sale, or stored for .....
Tag this Judgment!Court : Kerala
Reported in : [1977]40STC278(Ker)
..... adequate opportunity of explaining it. the statements made by achaldas and poonamchand before the income-tax officer were material on which the income-tax authorities could act provided that the material was disclosed and the assessee had opportunity to render their explanation in that behalf. it was therefore open to the tribunal in ..... a return has been submitted, to prove the correctness or completeness of such return.counsel for the petitioners also invited our attention to section 53 of the act, which is in these terms :53. power to summon witnesses and cause production of documents.-an assessing authority or an appellate or revising authority (including the ..... officer was not bound by nice rules of evidence. on further appeal to the tribunal, it was objected that the assessing officer was not justified in acting upon the seized records, without direct evidence connecting them with the appellant. there was a further objection that the statement of pappachan recorded without giving notice .....
Tag this Judgment!Court : Kerala
Reported in : (1977)6CTR(Ker)267
..... where a return has been submitted to prove the correctness or completeness of such return'.counsel for the petitioners also invited our attention to s. 53 of the act which is in these terms :'53. power to summon witness and cause production of documents. -an assessing authority or an appellate or revising authority (including the ..... tax officer was not bound by nice rules of evidence. on further appeal to the tribunal, it was objected that the assessing officer was not justified in acting upon the seized records, without direct evidence connecting them with the appellant. there was a further objection that the statement of pappachan recorded without giving notice ..... that he was entitled to cross-examine him as part of his reasonable opportunity before the best of judgment assessment was completed under s. 17 of the act. on appeal to the appellate assistant commissioner, it is seen from the order that the petitioner complained that the conclusion that pappachan was an employee of the .....
Tag this Judgment!Court : Kerala
Reported in : [1976]46CompCas665(Ker)
..... valuable right to obtain relief by filing a suit. an appeal, therefore, lies against such an order or decision under section 483 of the act.'12. in hansraj v. official liquidators, dehra dun mussoorie electric tramway co. ltd., it is observed that the discretion to refuse leave must be exercised with due regard to the rights of third ..... a further contention that the second charge created in favour of the applicant-company has not been registered as required under the provisions of section 125 of the companies act, 1956, and, therefore the charge is not enforceable. the charge in favour of the respective kuri creditors have been registered.6. the 4th respondent, one of ..... took charge of the affairs of the company. since the company is under liquidation, permission is necessary and hence this application under section 446 of the companies act, 1956.4. in the counter-affidavit filed by the official liquidator, it is stated that no permission need be given and that the applicant-bank has to .....
Tag this Judgment!Court : Kerala
Reported in : 1978(2)ELT547(Ker)
..... sales tax officer, iv agra and ors. - (1964) 15 s.t.c. 879 and gopal das uttam chand v. sales tax officer dehra dun- (1970) 25 s.t.c. 229 interpreting rule 77 of the u.p. sales tax rules, 1948 in support of his cbntention that ..... the methods indicated is available' service may be effected by affixture there is no such provision in section 153(b) of the customs act. we think the methods indicated in section 153(a) are alternative methods any one of which could be attempted in the first ..... normal to send such notice by registered post. that methods was attempted but failed. in such circumstances section 153(b) of the customs act, 1962, could be brought into effect. that is what has been done.2. counsel for the appellant relied on two rulings of ..... tive methods by which attempts can be made to serve an order or decision passed or any summons or notice issued under the act. whether it should be tendered or sent by registered post or should be served on the agent would depend upon the feasibility .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker202
..... under the civil procedure code to a court. this is referred to. although the point was not decided by the privy council in hansraj gupta v. official liquidator dehra dun mussoorie electric tramway co. (air 1933 pc 63). the reason for this view was that all the applications provided under the third division of the first ..... to us that it may require serious consideration whether applications to courts under other provisions, apart from civil procedure code, are included within article 137 of the limitation act, 1963, or not'.counsel for the petitioner stressed the above passage and contended that the question as to whether applications other than those under the code ..... raised that the application having been filed more than three years from the payment of the amount, was barred by limitation under article 137 of the limitation act, 1963 which reads:'137.any other application for whichno period of limitation is provided elsewhere in this division. three years. when the right to apply accrues .....
Tag this Judgment!Court : Kerala
Reported in : 1952CriLJ394
..... deft, to withdraw a plea which had been taken in the written statement, duly filed in court, which was the subject of consideration by the subordinate judge of dehra dun. we think there can be no doubt that such an action amounted to a direct interference with the administration of justice in preventing the drifts, from pressing his ..... learned judges say:it is a novel proposition that even though the sending of the notice amounted to contempt, the counsel who sent it is protected because he was acting as counsel. a counsel's capacity is not inviolable & his privilege cannot possibly extend to interference with the administration of justice. counsel are expected to help in ..... to were both in contempt. since the litigant expressed unqualified apology for his conduct he was exonerated. on behalf of the counsel it was alleged that he was acting professionally on behalf of his client & that, therefore he could not be held to be guilty of contempt. but this argument was repelled & the court held .....
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