Court : Kerala
..... . in that case, the question of subsequent acquisition of building by the tenant was considered to order eviction under section 11(4)(iii) of the act and held that if the business being conducted in the tenant s premises cannot be conveniently and comfortably conducted in the subsequent acquired premises where customers cannot ..... of evidence that is for the purpose of ascertaining whether the conclusion arrived at by the rent controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached on the material available. 17. in the decision reported in adil jamshed frenchman (dead) by lrs v. sardar dastur schools ..... aspect, the apex court also considered the revisional powers provided under other similar rent control enactments as well and observed that, none of the rent control acts entitles the high court to interfere with the findings of fact recorded by the trial court/first appellate authority because on reappreciation of evidence, its view is .....
Tag this Judgment!Court : Kerala
..... ltd. v. commissioner of income-tax, west bengal [(1955) 27 itr 34] had occasion to consider the provisions of section 10(2) (xv) of 1922 act in the context of revenue expenditure or capital expenditure and noticed various tests laid down by different courts for determining what is the capital expenditure as distinguished from revenue ..... noted above is based on correct interpretation of explanation 1? 15. explanation 1 to section 32(1) was inserted by the taxation laws (amendment and miscellaneous provisions) act, 1986 with effect from 01.04.1988. section 32 deals with depreciation. prior to 01.04.1988, it was sub-section (1a) of section 32 which ..... the tribunal contended that the expenditure incurred by the assessee were all capital expenditure. reliance was also placed on explanation 1 of section 32 of the income tax act, 1961. with regard to the expenditure incurred on superstructure on leasehold land it was contended by the assessee that section 32 speaks only about 'building' taken .....
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..... had failed to mitigate his loss and was entitled to recover, not the cost of repair but only the lower market value. the relevant question is whether he had acted reasonably as between himself and the defendant in view of his duty of mitigation. 15. therefore, the only factor that requires to be considered is with regard to the ..... order to answer the reference, the short point to be considered is whether in a third party claim for property damage (motor car) made under section 166 of the mv act, the claimant is entitled for the actual value of spare parts used for repairing the vehicle, or could there be a depreciation from the actual value of spare parts. ..... , the cost for repairs would come to rs.4,14,244.85 ps. petitioner submitted a claim petition under section 166 of the motor vehicles act, 1988 (hereinafter referred to as the mv act) claiming the said amount. the tribunal by its award dated 30/11/2012 having found that the petitioner is entitled for compensation for damage to .....
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..... the third respondent in terms of subrule (7) of rule 13 of the rules and also sub-section (7) of section 447 of the kerala municipality act ('the act'). according to her, the second respondent's insistence that the petitioner should obtain an noc from the third respondent is totally illegal and unsustainable. drawing my ..... '. we shall revisit the said provision. 31. indeed, sub-section (7) of section 447 makes it mandatory that notwithstanding anything contained in the abkari act, no person shall establish an abkari shop within a municipal area without the previous permission in writing of the municipality and otherwise than in accordance with the conditions ..... his impassioned plea to the contrary. 30. we may, now, examine the learned government pleader's alternative submission. according to him, section 447 of the act also mandates that noc from the municipal corporation is required in terms of the explanation added to the said provision especially the definition of the term 'abkari shop .....
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..... has commenced, it is inadvisable to entertain any writ petition. instead, the parties aggrieved should be relegated to an election petition under section 69 of the act. further, in the present instance, given the fact that this court has declined even on merits to interdict the election, the very issue renders itself academic ..... well as the learned special government pleader, apart from perusing the record. discussion: statutory scheme: 17. the third proviso to section 28(1) of the act mandates that in the case of the societies enumerated therein, which include the respondent society, the election shall be conducted on ward basis in accordance with the bye ..... hour, when the election was about to be held, the petitioners approached this court without exhausting their alternative remedies under section 83(1)(j) of the act. 7. in support of his submission that candidates from the reserved category could contest without confining themselves to any particular ward, the learned counsel has placed .....
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..... mentioned in the certified copy of the final report produced that the driver was charge-sheeted for driving the vehicle without driving licence under section 3 of the act. merely because it was mentioned that he was not having the required documents to drive the vehicle alone is not sufficient to come to the conclusion that he ..... /s.godavari finance co. v. degala satyanarayanamma and others (supra) it has been held that the person in possession will be deemed to be owner under the act, there is no evidence to show as to whether the insurance and registration certificate were stood in the name of the finance company and that question has not been ..... insurance company from liability but directed them to pay the amount and recover the same from the first respondent under section 149(4) of the motor vehicles act, hereinafter called 'the act' for short. aggrieved by the direction to recover the amount from the first respondent and other finding that making them liable to pay the amount, the .....
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..... sought to be incorporated would constitute a case of fraud played on the court in the matter of obtaining the order of eviction. 5. section 44 of the evidence act enables a party otherwise bound by a previous adjudication to show that the previous adjudication is vitiated by fraud and therefore, not binding on him. it is trite that ..... r.c.p.no.53 of 2007 for eviction of the tenants from the petition schedule building therein, under section 11(3) of the kerala buildings (lease and rent control) act, 1965. the need, on the basis of which eviction of the building was sought in the said proceedings, was that the second respondent, a dependent of the petitioner therein ..... that she is jobless. in the risk of repetition it is submitted that the conduct of the respondents especially the 2nd respondent is prima facie a fraudulent act. based on the said fraudulent act she was able to obtain his eviction order by playing fraud on the court. applying the principles laid down in 2006(3) klt 931 this hon' .....
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..... object. it is therefore, necessary for the prosecution to lead evidence pointing to the conclusion that all the appellants had done or had committed some overt act in prosecution of the common object of the unlawful assembly. but active participation in actual violence is not necessary; persons who by words or by signs ..... senior counsel, have been roped in on the ground that they were members of an unlawful assembly, the common object of which was to perpetrate the heinous act. no test identification parade was conducted and therefore, dock identification ought to have been conducted scrupulously to avoid roping in of innocent persons. according to the ..... pw28, the c.i of police, iritty. he obtained ext.p27 sanction from the additional district magistrate for prosecuting the accused under the explosives substances act, 1908 and the arms act, 1959. after completion of investigation charge was laid by pw27 before the jurisdictional magistrate. 9. the court before which the final report was laid .....
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..... for reason more than one. in the first place, the co-operative examination board constituted in terms of provisions contained in section 80(b) of the act and rule 182(4) of the rules has not been given any powers by virtue of those provisions to issue any directions or supervisory guidelines to the appointment ..... after conducting an interview of the candidates and making a select list therefrom in such manner prescribed. therefore, the clear, un-equivocal and unambiguous mandate of the act is only that in case the appointing authority wants to make any appointments in respect of the categories of post from within the purview of the examination board ..... xv) of the kerala co-operative societies rules which now stands reads as follows: 182 (4). in respect of recruitment to societies covered by section 80b of the act, the following procedure shall be followed:- (i) the society shall report the vacancy to the co-operative service examination board and the applications for appointment shall be .....
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..... of conviction unless it is corroborated. the rule requiring corroboration is merely a rule of prudence. (v) where dying declaration is suspicious, it should not be acted upon without corroborative evidence. (vi) a dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the ..... is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... pump between rajan and sekharan and the prosecution alleges that sekharan kicked rajan resulting in rajan falling on the ground. prosecution further alleges that, in a horrendous act, sekharan poured petrol on the body of rajan, who was lying down , and set him ablaze using a cigarette lighter kept by him in his possession. .....
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