Court : Kerala
Decided on : Jan-13-2006
Reported in : 2006(4)KLT361
..... counsel for the appellant has raised a contention that the appellant being an agent of respondent no. 2 by virtue of the provisions contained in section 194 of the contract act, 1872, he is entitled to invoke the arbitration clause in the agreement executed between respondents 2 and 3. in other words, the contention is ..... , if so, whether the appellant is entitled to enforce his claim by invoking the arbitration clause against respondents 1 and 2 by virtue of section 194 of the indian contract act.3. respondent no. 1, the indian oil corporation limited, kochi marketing terminal (for short the corporation') had appointed fact engineering and design organisation ..... -seven only) towards payment allegedly due to him from respondent no. 3. the court below dismissed the application. hence, this appeal under section 37(1)(a) of the arbitration and conciliation act. 1996.2. the question that arises for consideration in this appeal is whether the appellant is an agent of respondent no. 2 and .....
Tag this Judgment!Court : Kerala
Decided on : Mar-03-2006
Reported in : 2006(2)KLT228
..... raised by the learned counsel for the appellant.point no. 27. the learned counsel for the appellant contended that the agreement itself is invalid in view of section 23 of the contract act and the same was unenforceable in law. according to the learned counsel, the car brought to india was a new car and only persons who own a ..... of the plaintiff that he spent the entire amount for import of the car was not proved, (2) that such an agreement was unenforceable in law under section 23 of the contract act, and (3) that the suit itself was barred by limitation as the plaintiff filed the suit three years after the amount were alleged to have been paid ..... getting clearance from the customs department and for other incidental matters. the entire amount was not received by the defendant from the plaintiff. therefore, article 24 of the limitation act has no application. if article 24 has no application, it is not in dispute that article 113 will apply in which case the suit was filed within time as .....
Tag this Judgment!Court : Kerala
Decided on : Jan-02-2006
Reported in : AIR2006Ker138; 2006(2)KLT595
..... delay. she also filed e.a. 504/2005 to record full satisfaction of the decree in o.s. 172/98. as section 5 of the limitation act is not applicable to proceedings in execution, the petitions to condone the delay filed by selvi were dismissed and consequently e.a. nos ..... 05 in o.s. 172/98 whereunder the court below has dismissed e.a. 594/05 filed under order 21, rule 90 read with section 151, cpc on the ground that in view of the order passed in e.a. 595/05 the minor has no locus standi to ..... 2000 in o.s. 630/97 whereunder the petition filed by the minor through his next friend under order 21, rule 90 read with section 151, cpc challenging the court auction sale has been dismissed holding that the minor has no locus stand! to file the petition in ..... minor. consequently that court on the same day dismissed the applications filed by the minor under order xxi, rule 90 read with section 151, cpc holding that the minor has no locus standi to file the said applications in view of the dismissal of the .....
Tag this Judgment!Court : Kerala
Decided on : Feb-16-2006
Reported in : 2006(2)KLT851
..... lower strength than standards prescribed by the foreign liquor rules. this was sufficient to constitute an offence under the act. prosecution steps consequently were initiated against the petitioners by registering crime no. 14/97, under sections 55(i) and 56(b) of the abkari act (act 1 of 1077). in effect, this had been subjected to challenge. inter alia, the petitioners had also challenged .....
Tag this Judgment!Court : Kerala
Decided on : Jul-05-2006
Reported in : AIR2006Ker381; 2006(3)KLT966
..... is thoroughly unsustainable. the appeal itself is not maintainable. this is for the reason that valuation for the purpose of jurisdiction is shown as rs. 1,000/- and under section 102 of the code of civil procedure, no second appeal could have been filed in the context.10. but, the preliminary objection as above does not appear to be ..... by courts of small causes, when the amount or value of the subject matter of the original suit does not exceed three thousand rupees'. what is postulated by the section is that subject matter of the original suit should be one for recovery of money. in such cases alone, the bar applies. going by the nature of pleadings, ..... it should be deemed that the carrier too will have an independent right as against the miscreant, as his credibility stands to lose, as directly arising from the tortious act. thus the conclusion possible is that the rights of a person in possession cannot totally be foreclosed even if it be the position that the owner may have the prime .....
Tag this Judgment!Court : Kerala
Decided on : May-22-2006
Reported in : 2006(3)KLT1
..... show cause and is liable to be declared as bad in law.2. in the course of the duties of the high court under section 32 of the travancore-cochin hindu religious institutions act, it came to the notice of this court that there was a practice prevalent in the travancore devaswom board of giving advances to the ..... decisions have been brought to our notice, no direct decision on the point is available. the 1st respondent, being a statutory authority constituted under the travancore-cochin devaswom act, is amenable to the writ jurisdiction of this court. any arbitrary decision by the 1st respondent is liable to be challenged under article 226 of the constitution of india ..... counsel need not have been instructed to file it. therefore this ground also is effectively replied by the petitioner.8. the 4th complaint is that the petitioner acted against the interest of a temple advisory committee in a writ petition filed before this court and the secretary of the committee had filed ext.r1(h) complaint .....
Tag this Judgment!Court : Kerala
Decided on : Aug-11-2006
Reported in : 2006(3)KarLJ1009
..... have been stated by the supreme court supporting his cause. the subordinate judge ought to have granted the request, at least in exercise of powers vested in the court under section 151 of the code of civil procedure. amended provisions of the code of civil procedure is silent as to the manner of obtaining a proof affidavit from a summoned witness ..... it appears that the court had not applied its mind to the difficulties which had been highlighted by the plaintiff.7. order xviii rule 19 which was also incorporated by act 46 of 1999 refers to the powers of the court to get statements on commission. the rule stands with a non-obstante clause which reads as following:notwithstanding anything ..... the present case perhaps has escaped notice of the parliament. it has to be held that at least in such circumstances, the inherent powers vested in the court under section 151 of the c.p.c. could have been employed to tackle the situation. the view taken by the learned subordinate judge is too technical.6 .....
Tag this Judgment!Court : Kerala
Decided on : Mar-13-2006
Reported in : AIR2006Ker243; 2006(2)KLT293
..... or houses of others, his actual and physical habitation is the place where, actually or personally resides.13. it is plain in the context of clause (ii) of section 19 of the act, that the word 'resides' must mean the actual place of residence and not a legal or constructive residence, it certainly does not connote the place of origin. the ..... to ascertain the meaning of the word 'resides'. the supreme court had occasion to consider the sweep of the expression 'resides' in the context of section 19(3) of the hindu marriage act and the following passages appearing in paras-12 and 13 appear in the decision reported in jeewanti v. kishan chandra air 1982 sc 3 to be relevant ..... of action arising at any place where it has also a subordinate office, at such place.it is of significance that explanation-i was omitted by section 7 of the c.p.c. amendment act, 1976 with effect from 1.2.1977. prior to the amendment. explanation-1 read as follows:explanation i- where a person has a permanent dwelling .....
Tag this Judgment!Court : Kerala
Decided on : Jul-05-2006
Reported in : 2006(4)KLT561
K.S. Radhakrishnan, J.1. Assessee has come up in this revision aggrieved by the order passed by the Sales Tax Appellate Tribunal, Additional Bench, Kozhikode. Following are the questions of law arising for our consideration.A. Whether the lower authorities are justified in declining the benefit of concessional rate in tax to the: petitioner/assessee in respect of its sales of liquid sodium silicate made out of soluble glass, as claimed by them on the basis of SRO No. 1091 of 1999, solely on the reasoning that part of the processing activity was carried out outside the State?B. Whether such claim for concession can be denied to an assessee solely on the ground that semi processed raw materials were procured from outside the State? Whether such an interpretation is possible or warranted on a true construction of SRO No. 1091 of 1999?Assessee is a small scale industrial unit engaged in the manufacture and sales of sodium silicate. For the assessment year 2000-2001 assessee returned a stat...
Tag this Judgment!Court : Kerala
Decided on : Dec-01-2006
Reported in : I(2007)ACC688; 2007(1)KLJ253
..... husband and she has to depend on so many others to look after the child and mother and applying the multiplier shown in the schedule ii of the motor vehicles act, tribunal has fixed it correctly at 17 and calculated the compensation. therefore we do not find any mistake committed by the tribunal in fixing the multiplier at 17. besides the .....
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