Court : Kerala
Decided on : May-24-2006
Reported in : 2006(3)KLT103; 2008(1)SLJ198(Kerala)
..... judge by taking into consideration the provisions contained in rule 27(c) of the ks & ssr, the fact that the appellants were appointed pursuant to special recruitment in terms of section 17a of the ks & ssr and the decision of this court in p.j. grace v. state of kerala and anr. 1975 klt 227, the decision in o.p. no .....
Tag this Judgment!Court : Kerala
Decided on : Jun-12-2006
Reported in : 2006(3)KLT129
..... part of the building which the first respondent requires as additional accommodation for his personal use. therefore, this case falls under sub-section(8) of section 11 and not under sub-section(3) of section 11 of the act.12. in view of the supreme court decision in s.r. babu 's case and the principles laid down in the ..... of the building; (ii) the landlord requires the additional accommodation for his personal use.12. the foil owing is the distinction between sub-section(3) and sub-section(8) of section 11 of the act. the former provision applies when the building is wholly occupied by the tenant and the landlord bonafide needs the building for his own occupation ..... building and the remaining portion or part thereof is in the possession of a tenant, does not preclude the landlord from seeking eviction under sub-section(3) of section 11 of the act. it is not a sound principle of statutory construction to place more restrictions on the rights of parties than what is provided for in the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2006
Reported in : 2007CriLJ1637
..... the code', for short) provides that particulars as to time, place and person against whom the offence was committed shall be stated in the charge. sub-section (1) of section 212 of the code reveals that the charge 'shall' contain such particulars (as to the time and place of the alleged offence, and the person (if ..... of the witness or witnesses were assaulted by a particular accused. in the absence of putting specific questions to the accused under section 313 of the code regarding the details of the alleged acts appearing in evidence against him, he cannot be convicted for the specific offence or offences alleged against him. but even while ..... requirements under the relevant provisions of the code. the defects are not mere insignificant omissions or irregularities in the charge which can be ignored as immaterial under section 215 of the code. those have caused gross failure of justice.9. every criminal court has the responsibility to frame charge consistent with the legal requirements .....
Tag this Judgment!Court : Kerala
Decided on : Jul-21-2006
Reported in : 2007CriLJ4242
..... contended by the learned counsel that the observation by the learned judge that, 'when it is doubtful under which penal section the act would fall, it is better to frame charges under all the relevant sections even if those sections cannot co-exist', will by itself indicate the casual manner in which the issue was tackled. he submits that ..... the latter half speaks of his mental state, namely the knowledge at the back of his mind that he was likely, by his act, to cause death of another. similarly, the first part of section 304, ipc deals with punishment for culpable homicide committed with the intention to cause death, for which the sentence prescribed is imprisonment for ..... or imprisonment of either description for a term which may extend to ten years and also fine. but the latter part of section 304 postulates that whoever commits culpable homicide by doing an act which he knew was likely to cause death shall be punished with imprisonment of either description for a term which may extend to .....
Tag this Judgment!Court : Kerala
Decided on : Oct-11-2006
Reported in : 2008(1)KLJ184
..... statutory mandate and give notice well in advance, before the commencement of the half year period in question.5. but it is pertinent to note that section 238 of the act postulates that 'half yearly tax shall be payable by the owner of the assessed property within 30 days of the commencement of each half year'. thus ..... or he can request for adjustment of the tax paid by him towards tax payable for the succeeding half year. thus evidently the clauses in section 238 and 239 of the act sufficiently indicate some amount of flexibility. therefore, a rigid or pedantic interpretation cannot be imported in the matter of notice or intimation to be furnished ..... entitled to get remission if he does not give notice to the corporation prior to the commencement of the relevant half year period.4. section 239 of the kerala municipality act, 1974 (for short the act) which deals with vacancy remission is quoted hereunder:239. vacancy remission: (1) when any building, whether ordinarily let or occupied by the .....
Tag this Judgment!Court : Kerala
Decided on : Jan-24-2006
Reported in : 2006(1)KLT884
..... examination of both the attestors in proof of execution of the will although attestation by at least two witnesses is compulsory. this is clear from section 68 of evidence act, 1872 read with section 63(c) of the succession act, 1925. (see also venkatachala v. thimmajamma : air1959sc443 , karri nookaraju v. putra venkatarao : air1974ap13 and george v. varkey : 2004 ..... however, the credible evidence of rw. 1, one of the attesting witnesses who has proved due execution of the will in the manner required by section 63(c) of the indian succession act, 1925. it is true that out of the two attesting witnesses, one alone (i.e. pw1) was examined. but the law does ..... case it has to be proved, apart from other things, that the instrument was attested by two or more witnesses in the manner provided under section 63(c) of the indian succession act).9. : air1995sc1684 - rabindra nath mukherjee and anr. v. panchanan banerjee - the interestedness of the witnesses to the document may loose its significance .....
Tag this Judgment!Court : Kerala
Decided on : Dec-15-2006
Reported in : 2008(1)KLJ253
..... defendant that there was an oral agreement on the date of ext. a1 itself, on the ground that such an oral agreement would be hit by section 92 of the evidence act since the terms of the oral agreement are inconsistent with the terms of ext. a1. it was held by the trial court that the fact that ..... question of law arising for consideration in this appeal is whether the court below has exercised the discretion properly under section 20 of the specific relief act on the admitted and proved facts of the case. the learned counsel for the respondent, on the other hand, contended that the appellate court has ..... learned counsel for the appellant submitted that the court below was not justified in upsetting the well considered judgment of the trial court and that the discretion under section 20 was improperly exercised in favour of the defendant. though no substantial question of law was raised in the memorandum of appeal, the learned counsel submitted that the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-20-2006
Reported in : 2007CriLJ240; 2006(3)KLT567
..... registrar to communicate the judgment to all the officers concerned for strict compliance. one such direction was that one shall not approach the high court directly under sections 438 and 439 of the code of criminal procedure except in exceptional matters, without and before approaching the sessions court which has concurrent jurisdiction for granting identical ..... mac dermot observed:the matter cannot, of course, be settled merely by treating the ipsissima vertra of willes, j. as though they were part of an act of parliament and applying the rules of interpretation appropriate thereto. this is not to detract from the great weight to be given to the language actually used ..... george 's case and chakkunni's case requires consideration by the rule making body. the registry shall bring this matter for consideration of the honourable the acting chief justice.on the basis of the above judgment, the hon'ble chief justice constituted a committee of three judges and after due deliberations in the .....
Tag this Judgment!Court : Kerala
Decided on : Mar-08-2006
Reported in : 2008(1)KLJ245
..... such discretion in favour of the decree holder and to allow him interest also by way of damages at the rate of 6%.the definition of mesne profits in section 2(12) of code of civil procedure was the same while the full bench in ouseph's case (supra) considered the aforesaid question.8. learned counsel for ..... the decree by adding a provision for interest on the amount decreed by way of mesne profits. the definition of 'mesne profits' as contained in clause 12 of section 2 of code of civil procedure will not warrant the assumption of such jurisdiction by the executing court. the definition states that 'mesne profits' of property means those ..... he is entitled to get interest on the amounts fixed by the court. learned counsel submitted that 'mesne profits' as defined in section 2(12) of code of civil procedure includes interest on such profits. section 2(12) defines mesne profits thus:'mesne profits' of property means those profits which the person in wrongful possession of such property .....
Tag this Judgment!Court : Kerala
Decided on : Dec-12-2006
Reported in : 2007(1)KLJ212; (2007)IILLJ661Ker
..... of the above mentioned provision has been elaborately considered by a division bench of this court in w.a. 1277/2003 with which we fully concur. section 39(4) of the e.s.i. act states that the contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period. regulation 31 of ..... 3 and p-5 notices.3. facts are undisputed. contention was raised that the date fixed for payment of esi contribution is not absolute going by section 39(4) of the e.s.i. act. reference was made to the expression 'ordinarily fall due'. further it was stated that insurance court held that though the two establishments of the applicant can ..... k.s. radhakrishnan, j.1. this appeal is preferred by the applicant in e.i.c. no. 22/2000. application was preferred under section 75 read with section 77 of the employees' state insurance act, 1948 seeking for a declaration that the assessment and demand of interest of rs. 89,599/- for the delayed payment of e.s.i, contribution for the .....
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