Court : Kerala
Decided on : Mar-25-2003
Reported in : 2004(2)KLT248
..... . according to the appellate authority, it is not the spirit of law that the petitioner should have experience in the business for seeking an order under section 11(3) of the act. the appellate authority also held that the rent control court erred in rejecting the claim of the landlords on the ground that they had landed properties. ..... authority as per its judgment dated 7th july, 2001 confirmed the finding of the rent control court in respect of the claim under section 11(4)(iii), but ordered eviction under section 11 (3) of the act. aggrieved by the judgment of the rent control appellate authority, the tenants have filed this revision petition.3. the rent control court ..... (3) and 11(4)(iii) of the kerala buildings (lease and rent control) act, 1965 (hereinafter referred to as 'the act'). the rent control court dismissed the petition rejecting the claim of the landlords under sections 11(3) and 11(4)(iii) of the act. against the order of the rent control court, the landlords filed r.c.a.no. .....
Tag this Judgment!Court : Kerala
Decided on : Mar-26-2003
Reported in : 2003(3)KLT739
..... the returning officer in the notice board. it was further held that whether the nominations of the petitioner from two constituencies were hit by the proviso to section 51 of the act was required to be considered by the returning officer at the time of scrutiny. since the petitioner did not elect either of the nominations, it was ..... disposing of the appeal the district court may follow the procedure prescribed under the code of civil procedure, but, that is subject to the provisions contained in section 113(2) of the act. the petitioner has offered valid explanation for the delay, if any, in filing the appeal. the learned district judge had found that the delay, if any ..... a candidate to contest from constituency no. 12 of the same panchayat. that was done in violation of the mandatory provisions contained in the proviso to section 51 of the act.25. the next question to be considered is what is the effect of a person filing two valid nominations to contest from two constituencies of the same .....
Tag this Judgment!Court : Kerala
Decided on : Mar-27-2003
Reported in : AIR2003Ker373; III(2003)BC454; [2003]117CompCas227(Ker); 2003(3)CTC111; 2003(2)KLT973; [2003]47SCL344(Ker)
..... of kerala was constituted on november 4, 1996. thus, for the purpose of the present case, november 4, 1996 shall be the 'appointed day' as contemplated under section 2(c) of the act. under section 2(g), debt has been defined to include interest. debt is the amount 'due from any person ...... payable under a decree or order of any civil court ..... subsisting ..... . the principle of 'generalis specialibus non derogant' was explained in the vera cruz's case, 1884 (10) appeal. cases 59 at page 68, it was observed as under:'now if anything be certain it is this that where there are general words in a later act capable of reasonable and sensible application without extending to subjects specially dealt with by earlier legislation .....
Tag this Judgment!Court : Kerala
Decided on : Mar-27-2003
Reported in : (2003)184CTR(Ker)403; [2003]262ITR20(Ker)
..... turnover of goods belonging to the assessee as its own that can be included in the definition of total turnover in clause (b) of sub-section (3) of section 80hhc of the act. on the other hand, if the sales turnover of the agency transaction is also included in the expression 'total turnover' that will only inflate ..... against the assessee.8. the next two questions relate to exclusion of agency despatches from the total turnover of the business for computing the deduction under section 80hhc of the act. apart from export sales the assessee had local sales of own goods as well as 'agency despatches'. the assessing officer had noted that the assessee ..... had received interest from fixed deposits from banks and also from amounts lent to others. the assessee claimed deduction on interest receipt as business income under section 80hhc of the act. the assessing officer had noted that in the appeal against the assessment order for the assessment year 1990-91 the first appellate authority had taken the .....
Tag this Judgment!Court : Kerala
Decided on : Mar-27-2003
Reported in : III(2003)BC1; 2003(2)KLT1
..... by the sendee as unclaimed such date would be thecommencing date in reckoning the period of 15 days contemplated in clause (c) to this proviso of section 138 of the act. of course such reckoning would be without prejudice to the right of the drawer ofthe cheque to show that he had no knowledge that the notice ..... doubt, proof beyond reasonable doubt, proof beyond doubt or satisfactory proof, it all only boils down to the definition of the expression 'proved' in section 3 of the evidence act. the precedents only administer a rule of caution that in a criminal case higher degree of probability must be insisted before disputed questions of fact are ..... an anxious consideration of the rival contentions came to the conclusion that the complainant has not succeeded in proving the ingredients of the offence under section 138 of the negotiable instruments act alleged against the accused. the specific finding was that the cheques are not proved to have been issued for the discharge of any legally .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-2003
Reported in : (2003)185CTR(Ker)466; [2003]264ITR52(Ker)
..... of income is being treated differently with a higher burden to the trust, which will amount to clear discrimination. that apart under the scheme of the act, under section 14 of the act, all income, for the purpose of charge of income-tax and computation of total income, is classified under different heads, salaries, income from house ..... applicable to it as if it were the total income of an association of persons. these are the only three exceptions to the rule in section 161(1) of the act. section 161 treats the assessee as having representative character. the assessment on the trustee is to be in like manner and to the same extent as ..... hands of the beneficiaries. the tribunal also relied on the decision in thiruvenkata reddiar's case : [1981]128itr689(ker) mentioned supra.7. section 160 of the act deals with representative assessees. under section 160(1)(iv) a representative assessee means in respect of income which a trustee appointed under a trust declared by a duly executed instrument .....
Tag this Judgment!Court : Kerala
Decided on : Mar-31-2003
Reported in : 2003(2)KLT665
..... stands and hence, the recovery of the site of the building for the purpose of new construction cannot be said to be not coming within the meaning of section 11(3) of the act. further, in this case, the argument made is that the petitioner occupies only a portion of the site. in the above view of the matter, we find that ..... don't find anything to interfere in the order of the court below. 2. the main argument made is against the order of eviction under section 11(3) of the act. the case of the landlady is that she and her family are residing in brother's house 'roopakala' and there is no sufficient space there. the petition schedule building is ..... for the eviction of the tenant on the ground of arrears of rent and for bona fide need for own occupation. the ground under section 11(2)(b) of the kerala buildings (lease and rent control) act (hereinafter referred to as 'the act') has been confirmed by the appellate court. even though in this revision, the attack is made against the order under .....
Tag this Judgment!Court : Kerala
Decided on : Mar-31-2003
Reported in : 2003(3)KLT306
..... report in crime no. 1/2001 before the judicial magistrate of first class, palai against another licensee only for an offence punishable under section 56(b)of the act. it is therefore contended by the petitioners that there is discrimination., i do not propose to go into that question since i have already ..... maximum content of ethyl alcohol in toddy drawn from the coconut palm is arbitrary, unreasonable and unworkable. therefore, petitioners cannot be proceeded against under section 56(b) of the act either. there is a further contention by the learned counsel that in an identical situation the excise inspector, kuravilangad had filed a crime and occurrence ..... both.'16. it is contended by learned counsel for the petitioner that petitioners cannot be prosecuted, under any circumstances, for an offence punishable under section 57(a) of the act. it is pointed out by the learned counsel that ext.p2 crime and occurrence report does not state that petitioners had mixed or permitted to .....
Tag this Judgment!Court : Kerala
Decided on : Apr-01-2003
Reported in : 2003(2)KLT488
..... petitioner became the educational agency of the school. it may also be relevant to note that the term 'school' is having an inclusive definition under the kerala education act. under section 2(9), the school includes the land, buildings, play-grounds and hostels of the school and the movable properties such as furniture, books, apparatus, maps and ..... and of course subject to the approval of the educational authorities, in case he had thought of bringing about a change.16. section 2(2) of the act defines an educational agency. under section 7 of the act provision is made for appointing managers of schools. any educational agency may appoint any person to be the manager of an aided ..... the management of the school as such, if we use the term as denoting the ownership of the institution. this position could also be noticed from section 14 of the act. whenever the government proposes to take over the management of the school, it could be done only after giving notice to the manager as well as .....
Tag this Judgment!Court : Kerala
Decided on : Apr-02-2003
Reported in : II(2003)ACC537; 2003ACJ1977
..... come within the definition of 'workman' in section 2(n) of the act.5. an act only policy admittedly covers the workers to the extent insured. a workman has got two options, one under the motor vehicles ..... act and another under the workmen's compensation act. when he has got the above mentioned options, he can opt for section 167 of the motor vehicles act, 1988. in this case, the dependents of the deceased rightly opted for a better remedy and ..... goods. the persons so employed for unloading the goods carried in the vehicle will necessarily become his workers. four workers, other than the driver, were covered by the act only policy. necessarily they, being employed in connection with the transportation and unloading of the goods carried in the vehicle by the owner of the vehicle, they will .....
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