Court : Kerala
Decided on : Aug-04-1989
Reported in : [1991]71CompCas652(Ker)
..... supreme court in gujarat state financial corporation v. natson ., air 1978 sc 1765 ; [1979] 49 comp cas 187 has considered the nature of proceedings under section 31 of the act. considering the nature of the reliefs the court can grant, the scope of investigation of the claim and scheme of therelevant provisions, the supreme court held that the ..... p. finance corporation, air 1985 hp 108, where the court held, relying on an earlier unreported decision of a division bench of that court, that since section 32 of the act is silent in regard to provision for future interest, the district court has no jurisdiction to award such future interest. with great respect, we are unable to ..... principal amount due in accordance with the terms of the agreement between the parties till the entire amount due was paid as per the order passed under section 32 of the act'. even going by the provisions of order xxxiv, rule 3 of the code, the corporation is entitled to interest till payment or realisation. see man .....
Tag this Judgment!Court : Kerala
Decided on : Aug-04-1989
Reported in : AIR1990Ker69
..... between what can be performed and the subject-matter of the contract. in these circumstances, the ingredients of clause (a) of sub-section (3) of section 12 of the specific relief act are present in the instant case, 12. the further question to be considered is whether the 7th defendant (plaintiff in the specific performance ..... she is entitled to specific performance of her share at least by paying the proportionate value. section 12(4) of the present specific relief act corresponds to section 16 of the specific relief act, 1877. section 16 of the specific relief act came up for consideration before the madras high court in abdul aziz v. abdul sammad, air ..... suit is within time, delay issanctioned by law. in satyanarayana v.yelloji rao, air 1965 sc 1405, construingsection 22 of the specific relief act, 1877 (corresponding to section 20 of the 1963 act) theirlordships observed as follows (at p.1409):- '(7) mr. lakahmaiah cited a long catena of english decisions to define the scope of .....
Tag this Judgment!Court : Kerala
Decided on : Aug-07-1989
Reported in : AIR1990Ker50
..... trivandrum has filed this civil revision petition.2. counsel for the petitioner submitted that in view of the provisions contained in section 56 of the electricity act and section 82 of the electricity (supply) act, 1948 the suit is not maintainable. sufficient protection is given preventing filing of suits for the actions taken by the electricity ..... the affairs of the union, of the central government; and (b) in any other case, of the (state government)'. section 82 of the electricity (supply) act reads:'82. protection to persons acting under this act.-- no suit, prosecution or other legal proceeding shall lie against (any member or officer or other employee of the board) for ..... shall try to understand the exact scope and width of the two provisions, viz., section 56 of the electricity act and section 82 of the electricity (supply) act. section 56 deals with, protection for acts done in good faith. it presupposes that if the act has been done not with good faith, there is no bar of suit. so .....
Tag this Judgment!Court : Kerala
Decided on : Aug-11-1989
Reported in : AIR1990Ker88
..... be overcome by such intcr-pretatory process. bar of res judicata is mandatory. when it is applicable, it could be avoided only on grounds available under section 44 of the evidence act. resjudicata is not concerned with the question whether the previous decision is right or wrong. a wrong decision rendered with jurisdiction, if not corrected by ..... or wrongly omitting to exercise the vested jurisdiction by an erroneous interpretation of law, the question cannot operate as res judicata. the characteristic attribute of a judicial act or decision is that it binds, whether it be right or wrong. an error of law or fact committed by a judicial or quasi judicial body cannot ..... and substantially in issue was whether the first defendant was entitled to redeem the sub-mortgage and whether the plaintiff has fixity of tenure under the land reforms act. that was also heard and finally decided after reference to the land tribunal. in both these cases, the decision, on the question of tenancy was absolutely .....
Tag this Judgment!Court : Kerala
Decided on : Aug-11-1989
Reported in : 1990CriLJ2515
..... he was aware of the potency of this insecticide. so the intention has to be gathered from the nature of the act committed by the appellant. illustration (d) to section 299, i.p.c. reads as follows:'a lays sticks and turf over a pit, with the intention of thereby ..... caring for the possible consequence of the potiential victims of his negligence and want of care. so the offence would come within the purview of section 304, part ii, i.p.c.11. the next point that would arise for consideration is whether any interference is called for in ..... would arise for consideration is whether the offence committed by the appellant would come within the purview of section 304 part ii, i.p.c. the learned counsel for the appellant contended that the offence if any, would come within the purview ..... of section 304a of the i.p.c. i am unable to accept this contention. the death of the victim has happened within .....
Tag this Judgment!Court : Kerala
Decided on : Aug-14-1989
Reported in : AIR1990Ker291
..... india insurance co. ltd.), after considering the question whether choosing of forum by the parties which has got jurisdiction in law to entertain the suit the provisions of section 28 of the contract act is not attracted. the court considered the requirements and the conditions to find ouster of jurisdiction. the court said choice is for the parties. but the parties ..... a suit can be filed if the suit is entertainable in different courts. this choosing of a court by the agreement of parties is not hit by sections 23 and 28 of the contract act.3. in short, the power to choose one of the forums where the suit has to be maintained is a matter for the parties to contract. ..... on the court at calcutta, and when a part of the cause of action had arisen at salem, the court there had also jurisdiction to entertain the suit under section 20(c) of the code of civil procedure.'the enquiry that has to be made largely depends upon a correct and meaningful understanding of the clause in the agreement so .....
Tag this Judgment!Court : Kerala
Decided on : Aug-17-1989
Reported in : 1989CriLJ2362
..... speaking, be only used to corroborate or contradict the maker of it, omissions of important facts therein affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in the case which came up before the supreme court, there was a significant omission to mention the ..... statement and that the statement only mentions that he would produce the weapon if it remains there and in the circumstances this recovery would not fall under section 27 of the evidence act. in regard to the discovery of mo. 2 dagger pursuant to the information ext. p12(a) furnished by a2, the learned counsel submitted that ..... found there he would produce the same. this also according to the learned counsel cannot fall under section 27 of the evidence act. we are unable to find any infirmity in regard to this recovery and this can very well be acted upon. learned counsel also submitted that the recovery of mo. 34 sword pursuant to the information .....
Tag this Judgment!Court : Kerala
Decided on : Aug-24-1989
Reported in : [1990]185ITR163(Ker)
..... for satisfying the requirements of the statutory provision. they will, however, be totally inadequate and insufficient to measure up to the requirements of the proviso to section 22 of thewealth-tax act.18. it may be asked whether a determination of status as agent will harmor hurt somebody, if, ultimately, before the tax is fixed and the ..... assessment within a short time thereafter an imperative exercise. it was then a matter of risky brinkmanship. the proceedings relate to the year 1984-85. under section 17 of the act, a four-year period is the outer limit of time within which the notice is to be issued.6. the notice was actually issued only on march ..... legislature even to fictionally create a case of agency, even when the consent is absent from the one or the other. section 43 of the indian income-tax act, 1922, and section 22(2) of the wealth-tax act, 1957, and other provisions may be cited as illustrative of this somewhat extreme and extraordinary position. however, even in such .....
Tag this Judgment!Court : Kerala
Decided on : Aug-29-1989
Reported in : [1990]78STC263(Ker)
..... and the quantum. in the absence of c forms, the appellate tribunal held that the turnover was rightly subjected to higher rate of tax under section 8(2)(b) of the central sales tax act, 1956. the decision of the authorities below was confirmed. the assessee has come up in revision.3. we heard counsel. the plea that the ..... from such trade, commerce, manufacture, adventure or concern ; and(ii) any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern.' 'section 2(b) 'dealer' means any person who carries on (whether regularly or otherwise) the business of buying, selling, supplying or distributing goods, directly or indirectly, for cash, or for ..... to the context in which it is found. it is not a term of legal art and its dictionary meanings as lindley, l.j. pointed out in rolls v. miller [1884] 27 ch. d. 71, at 88 ; [1881-5] all er rep 915 at 920, embrace 'almost anything which is an occupation, as distinguished from a pleasure-- .....
Tag this Judgment!Court : Kerala
Decided on : Sep-01-1989
Reported in : 1990ACJ184; AIR1990Ker314
..... may carry goods or luggage belonging to passengers.8. the above view receives support from some of the provisions of the kerala motor vehicles rules, 1961, framed under section 68 of the act. rule 56 deals with conduct of drivers of transport vehicles. sub-rule (3) deals with conduct of driver of goods vehicle while on duty. clause (a) ..... (air 1971 madras 415) and c. narayanan v. madras state palm gur sammelan air 1974 madras 281.6. can passengers be allowed in public carrier goods vehicles? section 2(8) of the act defines 'goods vehicles' as motor vehicle constructed or adapted for use for the carriage of goods and any motor vehicle not so constructed or adapted when used for ..... for hire or reward nor a passenger travelling by reason of or in pursuance of a contract of employment as required in the second proviso to section 95(1)(b) of the act and hence the act policy cannot cover such a person.4. we may notice at the outset that in state insurance department v. sosemma 1978 ker lt 634 : .....
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