Court : Kerala
Decided on : Feb-15-1989
Reported in : II(1989)ACC75; 1990ACJ231
..... bus. the quantum of damages awarded is also challenged as excessive. both these contentions are not open to the insurer, in view of the specific provisions of section 96(2) of the motor vehicles act. there is, therefore, no merit in the appeal at the instance of the third respondent insurer.4. counsel for the claimant in support of the memorandum of .....
Tag this Judgment!Court : Kerala
Decided on : Feb-16-1989
Reported in : (1989)IILLJ27Ker
..... or establishment, whether such work is done by the employee in the factory or establishment or elsewhere;..3. a society registered under the kerala co-operative societies act as per section 9 is a body corporate known by the name under which it is registered having perpetual succession and a common seal and with power to hold property, ..... process is being carried on with the aid of power or is ordinarily so carried on but does not include a mine subject to the operation of the mines act, 1952' section 2(9) defines the expression 'employee'. the relevant part of the definition is extracted below:2(9) 'employee' means any person employed for wages in or ..... becomes a body corporate with a perpetual succession and it is legally independent of its members who constitute the society. this is made clear by section 38 of the pondicherry cooperative societies act, 1972. once the society is independent of its members and has a separate legal existence apart from its members, then there is no bar for .....
Tag this Judgment!Court : Kerala
Decided on : Feb-17-1989
Reported in : [1989]66CompCas491(Ker)
..... v. n.k. firodia [1971] 41 comp cas i (sc). however, the petitioners did not avail of the provision to file an appeal under section 111 of the companies act, sub-section (5a) of which empowers the central government to require the company to disclose to it the reasons for such refusal. in these cases, the petitioners ..... , it was contended that the refusal was beyond two months of the lodgment of transfer applications and so the court has to exercise its jurisdiction under section 155 of the companies act. however, subsequently, after verification, the first respondent filed an additional counter-affidavit along with c.a. no. 750 of 1988 to receive the additional ..... they have declined to transfer the said shares in exercise of their powers under article 24 of the articles of association of the company read with section 111 of the companies act, 1956, and returned the respective share certificates to the petitioner. according to the petitioner, in refusing to register the transfer of shares, the .....
Tag this Judgment!Court : Kerala
Decided on : Feb-17-1989
Reported in : (1989)76CTR(Ker)139; [1989]176ITR481(Ker)
..... only further question to be probed into is whether those underlying assumptions are applicable to the three trading segments subjected to the special treatment under sections 44ac and 206c of the act. of all the three articles already referred to, the foremost one is alcoholic liquor. are there any specialities in relation to this trade ..... a classic example of the success of the concept underlying presumptive taxation.17. a very illuminating article by amaresh bagchi commenting upon the effect and impact of sections 44ac and 206c has assisted the court with valuable information on these aspects. (see the economic times dated april 27, 1988). his appraisal on the ..... petitioners have one thing in common : they have been the victims of an amendment to the income-tax act, 1961, brought about by the finance act, 1988, which has introduced sections 44ac and 206c to the income-tax act, 1961. their contentions are substantially common : the impost of the tax is inflexibly fixed under this provision. .....
Tag this Judgment!Court : Kerala
Decided on : Feb-21-1989
Reported in : 1989CriLJ2187
..... from m/s. amruthammal and sons. the accused had produced ext. d-1 which is only a delivery note in form xx issued under the tamilnadu general sales act, 1959. section 14 of the act says that no manufacturer or distributor or dealer in any article of food, shall sell such article to any vendor, unless he also gives a warranty in writing ..... in the prescribed form. but the proviso added to the said section 2 by act 34 of 1976 has widened the ambit of 'warranty' by declaring that 'a bill, cash memorandum or invoice in respect of the sale of any article of food given ..... by ext. p-17 notification. hence there is no merit in the aforesaid contention.4. the other ground sought to be made out is the defence envisaged in section 19(2) of the act; the stand of the accused is that the coriander whole sold to the food inspector was purchased by the accused from m/s. amruthammal and sons, verudanagar, a .....
Tag this Judgment!Court : Kerala
Decided on : Feb-22-1989
Reported in : AIR1990Ker186
..... the first defendant were ever assigned in favour of the second defendant. without such an assignment the second defendant cannot claim benefit under section 53a of the transfer of property act.13. section 53a enacts that the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under ..... the agreement no amount of evidence can salvage the tenuous position in which he is placed due to lack of proper pleading to attract section 53a of the transfer of property act.10. evidence regarding possession of the immovable property may be decisive in a case where there is plea of part performance. in sardar ..... of her minor daughter. first defendant contended that he had paid the entire consideration and there fore he is entitled to protection under section 53a, of the transfer of property act. first defendant also contended that the property is now in the possession of the second defendant and that the plaintiff had relinquished all .....
Tag this Judgment!Court : Kerala
Decided on : Feb-27-1989
Reported in : 1989CriLJ2106
..... be proved before it is relied on against an accused. the evidence of identification is no exception to the definition of the word 'proved' in section 3 of the evidence act the court should approach the evidence of identification with the reasonable doubts of an intelligent person and accept it only if those doubts are removed in ..... identifier expressly or impliedly made before him. it is a former statement of the identifier. in court it is usable not only for contradiction under sections 145 or 155, but also for corroboration under section 157 of the evidence act. it is subject to the exception that if it was before the police it would be hit by ..... if the person holding the identification is a competent magistrate, section 164 of the cr. p.c. applies and his identification memo is admissible under section 80 of the evidence act without proof for what it is worth.9. relevancy of identification is under section 9 of the evidence act. conduct of the parade is not governed by any statutory .....
Tag this Judgment!Court : Kerala
Decided on : Feb-28-1989
Reported in : 1989(22)LC526(Kerala); 1989(41)ELT380(Ker)
..... ended in acquittal of the respondent, contended that hearing arguments in a case is not part of trial and hence the lower court has not acted without jurisdiction. by the proviso to section 11(1) of the code, jurisdiction of ordinary magistrate courts to try such cases has been taken away. any step other than trial can ..... the lower court (court of additional judicial magistrate of first class, trivandrum). the said case was originally against two persons for the offences under sections 132 and 135a of the customs act. but the second accused was absconding and hence the trial proceeded against the first accused alone. on 5-12-1984, the lower court pronounced ..... -11-1984 and with jurisdiction over the whole state of kerala to try cases relating to offences under certain central acts. one of the central acts enumerated in the notification is the customs act, 1962. as per proviso to section 11(1) of the code of criminal procedure (for short 'the code') on the establishment of such special court .....
Tag this Judgment!Court : Kerala
Decided on : Mar-01-1989
Reported in : (1989)IILLJ114Ker
..... devaswom board is carrying on a business.7. we think, it is not. the board is constituted under the travancore-cochin hindu religious institutions act, 1950. under section 3 of the above act, the administration and the management of all incorporated and unincorporated devaswoms and all their properties and funds shall vest in the devaswom board. achencoil ..... nos. 3 and 4 are not liable, being the legal representatives, is not correct. it is clear from the definition of 'employer' given in section 2(e) of the act that the legal representatives of a deceased employer will also come within the purview of employer. as the definition itself includes the legal representatives, opposite party ..... a result of an accident arising out of or in the course of the employment, the employer is liable to pay compensation to the workman under section 3 of the act. there must be an employer and employee relationship between the workman and the person against whom compensation is asked for. but, in many cases .....
Tag this Judgment!Court : Kerala
Decided on : Mar-01-1989
Reported in : I(1990)ACC175
..... the devaswom board is carrying on a business.8. we think, it is not. the board is constituted under the travancore cochin hindu religious institutions act, 1950. under section 3 of the above act, the administration and management of all incorporated and unincorporated devaswoms and all their properties and funds shall vest in the devaswom board. achencoil devaswom is ..... further question is whether we can pass such orders which the commissioner would have passed if he had not taken an erroneous view on the interpretation of section 12 of the act. it has been held by a division bench of this court in vijayaraghavan v. velu, 1973 acj 158 kerala, that in an appeal under the ..... injury as a result of an accident arising out of or in the course of employment, the employer is liable to pay compensation to the workman under section 3 of the act. there must be an employer and employee relationship between the workman and the person against whom compensation is asked for. but, in many cases, persons .....
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