Court : Kerala
Decided on : Jul-25-2006
Reported in : 2006CriLJ4537
..... not reside at that address. it is not even asserted specifically that the petitioner's-wife is not one of the owners. due presumption under section 114 of the evidence act deserves to be drawn on the basis of the endorsement written on ext. p4 notice by the postman. if there were no such person at ..... while considering the rival sets of evidence to decide whether the facts are 'proved' to the satisfaction of the definition of the expression proved in section 3 of the evidence act. the theory that even when the liability was entirely discharged by the son of the petitioner, the cheque continued to remain with the complainant is ..... courts below considered the above contentions anxiously and came to the conclusion that the complainant has succeeded in establishing all ingredients of the offence punishable under section 138 of the n.i. act. accordingly, they proceeded to pass the impugned concurrent judgment.5. called upon to explain the nature of challenge which the petitioner wants to mount .....
Tag this Judgment!Court : Kerala
Decided on : Oct-12-2006
Reported in : 2007(1)KLT356
..... of the high court who is asked to try an election petition and the supreme court exercising appellate powers under section 116a of the act in respect of orders passed under section 98 or section 99 of the act or under article 136 of the constitution in respect of other orders can have any jurisdiction to deal with any ..... under clause (c). but the order 30 contemplated is an order at the conclusion of the trial of an election petition, following the procedure prescribed under section 94 of the act.7. election petition was filed on the ground that rejection of nomination paper submitted by the petitioner was illegal. her nomination paper was rejected for non ..... whose name is included in the electoral roll of the said constituency. she also submitted a detailed information in form 2 a as contemplated under section 52(1a) of the act and every entry therein had been filled up and the information disclosed but her nomination paper was illegally rejected on the ground that the detailed information .....
Tag this Judgment!Court : Kerala
Decided on : Jul-14-2006
Reported in : 2007CriLJ1285; 2007(2)KLT439
..... main question which arise for consideration in this appeal.facts. briefly:2. the appellant filed a complaint before magistrate's court, alleging offence under section 138 of the negotiable instruments act ('the act', for short), against first respondent herein. the accused first respondent allegedly borrowed a sum of rs. 60,000/-from complainant and issued a cheque ..... 'holder' of the cheque the expressions, the 'payee', 'holder in due course' and 'holder' of the cheque are defined under sections 7 to 9 of the act. section 7 of the act defines 'payee' thus:section 7 - 'payee' - the person named in the instrument, to whom or to whose order the money is by the instrument directed to ..... or destroyed, its holder is the person so entitled at the time of such loss or destruction.the 'holder in due course' is defined under section 9 of the act as follows:section 9 : holder in due course'.- 'holder in due course' means any person who for consideration became the possessor of a promissory note, bill .....
Tag this Judgment!Court : Kerala
Decided on : Feb-20-2006
Reported in : 2006(2)KLT654
..... of land revenue. the assistant collector, special customs preventive division then issued a demand notice in form no. 24 dated 4.7.1978 under section 69(2) of the revenue recovery act and directed the district collector for customs to collect the penalty as if it were arrears of public revenue due on land. notice dated 18. ..... 21354 and 28882 of 2002 by name kallatra abdul khader haji were involved in the illegal transportation of silver ingots and were found guilty of offence under section 111(d) of the customs act, 1962. goods were confiscated and penalty of rs. 5 lakhs was imposed on kallatra abdul khader haji and rs. 3 lakhs on m.b. moosa ..... haji after finalisation of confiscation and penalty proceedings, but were of no avail. consequently steps were taken to recover the amount invoking the provisions of section 142 (i)(c)(1) of the customs act. relevant portion of the said provision is extracted below for easy reference. 142. recovery of sums due to government.-- (1) where any sum .....
Tag this Judgment!Court : Kerala
Decided on : Apr-04-2006
Reported in : 2006(2)KLT848; (2006)IIILLJ414Ker
..... is whether labour court, ernakulam has got jurisdiction to pass interim orders while adjudicating a dispute referred by the government under clause (d) of sub-section (1) of section 10 the industrial disputes act, 1947.2. government of india referred the following dispute to the labour court, ernakulam for adjudication.whether the industrial dispute raised by bharath petroleum corporation ..... 1953 ii llj 544 we are of opinion that where the tribunal is dealing with an application under section 33a of the act and the question before it is whether an order of dismissal is against the provisions of section 33 it would be wrong in law for the tribunal to grant reinstatement or full wages in case ..... before the apex court was that even if the tribunal has got power under section 10(4) of the act, to grant interim relief of the nature granted in that case, it can only be done by submitting an award under section 15 of the act. in that case apex court held that it was unnecessary to decide whether .....
Tag this Judgment!Court : Kerala
Decided on : Oct-11-2006
Reported in : 2007(1)ARBLR405(Kerala); 2007(1)KLT196
..... stage it was the petitioners who wanted the matter to be referred for arbitration, of course, on the plea that there is an arbitration agreement under section 7 of the 1996 act covering the situation. but later, when the plaintiff made a request for reference to arbitration the petitioners developed cold feet and went against their own ..... to be considered. the problem posed was whether the rules to be framed have to comply with the stipulations of the 1996 act or only section 89 c.p.c. under section 8 of the 1996 act no reference could have been made without an arbitration agreement, whether such agreement was entered into prior to the suit or during ..... stems only from agreement/consent of the parties. the lok adalat has no authority whatsoever to adjudicate on any aspect. the lok adalat constituted under section 19 of the legal service authorities act does not at all have any power for adjudication. the expert committee, it appears to me, had assumed that judicial settlement to the lok .....
Tag this Judgment!Court : Kerala
Decided on : Oct-12-2006
Reported in : 2007ACJ1371; 2007(1)KLT331
..... with annual income up to rs. 40,000/- can take the benefit thereof, leaving all other claims to be determined in terms of chapter xii of the act, in which section 166 is included.8. in this case, there is one more aspect which requires attention. the claimant pleaded that his monthly income is rs. 5,000/-. the ..... thottathil b. radhakrishnan, j.1. alleging that he suffered certain injuries in a motor accident, the respondent applied for compensation under sections 163-a and 166 of the motor vehicles act, 1988 ('the act' for short), alleging negligence on the driver, though none was impleaded in that capacity.2. the owner did not contest.3. the appellant-insurer disputed ..... his remedies thereunder simultaneously. one, thus, must opt/elect to go either for a proceeding under section 163-a or under section 166 of the act, but not under both.12. sections l63-a and 163-b, which form a code by themselves, were inserted by act 54 of 1994 with effect from 14.11.1994. however, no provision similar to .....
Tag this Judgment!Court : Kerala
Decided on : Sep-27-2006
Reported in : 2007CriLJ2776
..... respect of any negotiable instrument the payee or the endorsee thereof would alone, apart from exceptional circumstances, be the 'holder' thereof as contemplated by this section of the act.'(emphasis supplied)29. bhashyam and adiga at page 769 in the latest 17th edition has this to say on this aspect.a person who cannot claim and ..... such use of both these expressions cannot at all enable the court to distinguish between the holder and payee, insofar as availability of the presumption under section 139 of the act is concerned, which is the crucial argument advanced by the learned counsel for the petitioner.15. it will not be inapposite in this context again ..... ramakrishnan v. parthasaradhy : 2003(2)klt613 . the counsel doubts the correctness of the said decision and contends that in that decision the validity under section 18 of the limitation act of the acknowledgment after the elapse of the period of limitation has not been considered properly. the counsel contends that there can be no valid .....
Tag this Judgment!Court : Kerala
Decided on : Feb-20-2006
Reported in : 2006(2)KLT45
..... terminus with the term of the committee. so much so, he is only an officer of the committee and can be removed by proceedings under sub-section (2) of section 28aa of the act, the contention of the petitioner to the contrary is hence rejected.7. the next contention of the petitioner is that the notice for the meeting was ..... . according to the petitioner, under such circumstances, the meeting is one without a valid notice as provided by rule 43a and is, therefore, invalid.8. section 28aa of the act provides for only the support of the simple majority of the members of the committee to carry the no-confidence motion. none of the other members of the ..... any or all of them is carried with the support of the majority of the-members of such committee in accordance with the procedure as may be prescribed. section 2(n) of the act defines the term 'officer' as follows:(n) 'officer' means the president, vice-president, chairman, vice-chairman, secretary, manager, member of committee or treasurer and .....
Tag this Judgment!Court : Kerala
Decided on : Sep-27-2006
Reported in : II(2007)BC628; [2007]135CompCas79(Ker); 2007CriLJ1042
..... seems to be clear that the words application, complaint and petition are neither interchangeable nor have the same meaning or import. a complaint under section 142 of the negotiable instruments act is not the same as an application. it is neither a petition nor the person making it a petitioner. the period prescribed for filing ..... 1995 1 klt 350. the facts of the case aforesaid would, however, reveal that the petitioner in that case filed a complaint under section 138 of the negotiable instruments act beyond the period of limitation and sought to condone the delay of 15 days to file the same on the ground that he was ..... the case has not made any progress from the date of institution of the same.2. when the petitioner filed a complaint under section 138 of the negotiable instruments act (hereinafter referred to as 'ni act'), before the chief judicial magistrate, kottayam, the same was admittedly within limitation. the first respondent entered appearance and contested the jurisdiction .....
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