Court : Kerala
Decided on : Oct-16-1989
Reported in : 1989(25)LC566(Kerala); 1990(47)ELT549(Ker)
orderk.t. thomas, j.1. first respondent was one among the 10 persons arrested by the customs authorities in connection with a crime alleging the offence under section 135 of the customs act, 1962 (for short 'the act'). the additional chief judicial magistrate (economic offences), ernakulam granted bail to the first respondent by his order dated 5-10-1989. the said order is challenged .....
Tag this Judgment!Court : Kerala
Decided on : Oct-17-1989
Reported in : AIR1990Ker262; I(1991)DMC479
..... significant in the sense that it does not disentitle the wife who has independent means of income from seeking relief under section 36. we may contrast section 36 with section 24 of the hindu marriage act. under that section a wife who has sufficient independent income is disentitled from seeking maintenance pendente lite. there is absolutely no justification for ..... moment that she had some mental problem or psychological problem, can it be said that the petitioner-appellant is entitled to a decree for nullity. section 19 of the divorce act contemplates that to grant a decree for nullity of marriage either party should be a lunatic or idiot at the time of the marriage. courts have ..... nullity of marriage. 17. the appellant's counsel relied upon tarlochan singh v. jit kaur, air 1986 punj & har 379, a decision under section 13 of the hindu marriage act. in that decision the facts narrated in paragraph 3 clearly show that jit kaur was insane both before and after the marriage. she was violent, .....
Tag this Judgment!Court : Kerala
Decided on : Oct-25-1989
Reported in : 1990ACJ798; (1994)IIILLJ496Ker
..... be served on him. he had an infinite genius to elude service of notices and process. the owner of a quarry, and well versed with the use of explosives, he apparently tried to sabotage the workmen's compensation forum by the powder and line at his command. they had apparently misfired.6. there are no good grounds ..... commissioner for workmens compensation on 17.9.1987 awarding a sum of rs. 84,000/- by way of compensation to the applicant before him.2. section 30 of the workmen's compensation act provides an appeal before this court, subject to the conditions contained therein. in the case of an employer, he is bound to deposit the amount ..... the commissioner is avoidable, other circumstances may have to be found out for relief against the same. the situation would not, however, justify invalidating the proviso to section 230 which requires deposit of compensation before resorting to a leisurely appeal. the conduct of the petitioner as disclosed from the files, does not project his personality as .....
Tag this Judgment!Court : Kerala
Decided on : Oct-26-1989
Reported in : [1991]81STC63(Ker)
..... agent of a non-resident dealer, whatever be his total turnover for the year, shall pay tax on his taxable turnover for that year.'section 3 of the kerala surcharge on taxes act, 1957 (act 11 of 1957), reads as follows :'levy of surcharge on sales and purchase taxes.--(1) the tax payable under the kerala general sales ..... senior government pleader, mr. n.n. divakaran pillai. the learned government pleader submitted that the turnover representing the consignment sales will come within section 2(xxvi) of the kerala general sales tax act, 1963 and so the sates tax appellate tribunal was in error in holding that the consignment sales will not come within the purview of ..... of 'total turnover', it cannot be reckoned for the purpose of levy of surcharge under section 3 of the kerala surcharge on taxes act, 1957 (act 11 of 1957). sections 2(xxv), 2(xxvi), 2(xxvii) and section 5 of the kerala general sales tax act are as follows :'2(xxv) 'taxable turnover' means the turnover on which a dealer .....
Tag this Judgment!Court : Kerala
Decided on : Oct-27-1989
Reported in : I(1990)ACC302; 1990ACJ533; AIR1990Ker202
..... relevant rules of the motor vehicles (third-party insurance) rules, 1946, for short the third-party insurance rules. section 94 of the motor vehicles act highlights the need for insurance against third party risk. section 95 provides that in order to comply with the requirement of chapter viii a policy of insurance must be a policy ..... which satisfies the requirements prescribed thereunder. particular reference requires to be made to sub-section (4) of section 95. this subsection ..... of the person by whom the policy is effected. equally relevant is the provision contained in sub-section (3) of section 96. this section provides that where a certificate of insurance has been issued under sub-section (4) of section 95 to the person by whom a policy has been effected, so much of the policy as .....
Tag this Judgment!Court : Kerala
Decided on : Oct-27-1989
Reported in : (1993)IIILLJ105Ker
..... workmen'. this observation is unwarranted in view of the position in law that the labour laws are not applicable to the said apprentices in view of sections 18 and 22 of the apprentices act. this is the view expressed by a division bench of this court. see balakrishnan nair v. k.l.d. & m.m.b. 1983 ..... is so, because with effect from 10.2.1971 the jurisdiction to decide matters connected with contract labour is vested in the appropriate government (see section 10 of the said act). the industrial tribunal, therefore, has no jurisdiction to decide this issue. though the tribunal considered the issue it has not issued any direction to absorb these ..... industrial disputes which generally lead to industrial peace and armony are the primary objects of this act. settlements reached before the conciliation officers or boards are specifically dealt with by sections 12(2) and 13(3) and the same are made binding under section 18. there can, therefore, be no doubt that if an industrial dispute before a .....
Tag this Judgment!Court : Kerala
Decided on : Nov-09-1989
Reported in : 1990CriLJ1477
..... by the accused, and with the permission of the court by the prosecution, to contradict such witness in the manner provided by section 145 of the evidence act. section 145 of the indian evidence act is in two parts. the first part permits cross-examination of the witness as to his previous statement in writing when such writing ..... air 1952 sc 214 : (1952 cri lj 1131) what is really necessary is substantial compliance of the requirements of section 145 of the evidence act and the purpose of the second part of section 145 is to treat the witness fairly by giving him a reasonable opportunity to explain the contradictions after his attention has ..... observed :-'this appears to us to be scant compliance with the requirements of section 145 of the evidence act and of section 162 of the criminal procedure code....... if it is intended to contradict the witness under the second part of section 145 of the evidence act, he should be confronted with the concerned portions of the writing....... the .....
Tag this Judgment!Court : Kerala
Decided on : Nov-16-1989
Reported in : 1991CriLJ641
..... .11. criminal appeal is, therefore, allowed and the acquittal is set aside. respondent-is convicted for having committed an offence punishable under section 16(1)(a)(i) of the prevention of food adulteration act. he is sentenced to undergo simple imprisonment for a period of six months and to pay a fine of rs. 1,000/-with ..... j.1. this criminal appeal against acquittal came up for hearing again when the judgment of conviction and sentence under section 16(1)(a)(i) of the prevention of food adulteration act was set aside in a petition filed under section 482 of the code of criminal procedure and the appeal reopened.2. sample is curd, which the respondent exposed ..... of pw1 show that everything was intact and the sample was fit for analysis. no extraneous matter was there evidencing any unclean vessel being used. when an official act is shown to have been performed, there is the presumption that it has been regularly performed until at least that presumption is rebutted. normally clean and dry .....
Tag this Judgment!Court : Kerala
Decided on : Nov-16-1989
Reported in : AIR1990Ker261
M.M. Pareed Pillay, J. 1. Defendant is the appellant. Plaintiff (respondent) filed the suit for eviction of the defendant who is a tenant of the plaint schedule building. The trial Court. decreed the suit and it has been confirmed by the lower appellate Court.2. For the plaintiff, Advocate Mr. Cyriac Joseph entered appearance. Mr. E. V. Nayanar, counsel for the defendant contended that as rent was received by the plaintiff subsequent to the notice there is waiver and hence the plaintiff cannot get recovery of possession of the property. Learned counsel for the plaintiff submitted that mere acceptance of rent does not tantamount to a waiver as the rent was accepted in lieu compensation for use and occupation.3. The essential element of waiver is that there must be a voluntary and intentional relinquishment of a known right or conduct as warrants the inference of the relinquishment of such right. To constitute waiver there must be definite evidence of a voluntary and intentional relinqui...
Tag this Judgment!Court : Kerala
Decided on : Dec-01-1989
Reported in : II(1990)DMC247
..... is not capable of easy knowledge and proof. the case in hand has to be considered in this legal background in the light of the presumption under section 114 of the evidence act regarding existence of facts likely to have happened regard being had to the common course of natural events, human conduct and public and private business, in ..... disproved and there was no adultery cannot foreclose a contention of non-access even if that finding may have a ratiocinative value.6. the presumption under section 112 of the evidence act is applicable not only during the subsistence of the marriage, but also if the child is born within 280 days of the dissolution provided the mother ..... in issue in this suit is whether the husband is the father of the son and in deciding that issue whether the conclusive presumption of paternity under section 112 of the evidence act on account of the subsistence of marriage is rebutted by proof of non-access during the period when the son could have been begotten. that was .....
Tag this Judgment!