Court : Kerala
Decided on : Apr-11-2003
Reported in : 2003ACJ2033; 2003(3)KLT460
..... the provisions of law and decisions referred to herein above we are of the view that the claim petition was maintainable on behalf of the claimant under section 163a of the act and on fulfilment of the requirements as envisaged thereunder, she was entitled for payment of compensation. decisions relied upon by the tribunal below while rejecting ..... place and as soon as it is an occurrence where the motor vehicle is involved, it is covered under section 163a and/or section 166 or under section 140. accident referred in sections 140 and 163a of the act, is the occurrence wherein a motor vehicle is involved and the consequence of that occurrence is either fatal or disablement ..... show that chap.x and the provisions contained therein is substantive law and has created new rights and liabilities in favour of the claimants. under section 140 of the act claim for compensation can be made where death or permanent disablement of any person has resulted from an accident arising out of the use of the .....
Tag this Judgment!Court : Kerala
Decided on : Apr-11-2003
Reported in : [2004]136STC426(Ker)
..... '. this meaning has to be given to the word 'vehicle' wherever it occurs in the act unless the context otherwise requires. section 2(28) of the motor vehicles act, 1988 defines a 'motor vehicle' as 'any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from ..... .6. in view of the rival contentions it is necessary to understand the meaning of the word 'motor vehicle' used in the act. there is no definition of 'motor vehicle' in the act. however, there is a definition of 'vehicle' in section 2(xxviii) which reads 'vehicle' 'includes every wheeled conveyance used for the carriage of goods solely or in addition to passengers .....
Tag this Judgment!Court : Kerala
Decided on : Apr-11-2003
Reported in : 2003(2)KLT676
..... matters which are specifically provided and which are specifically enumerated, as though all those matters could be exhaustively listed. but the fact remains that the relevant act of the state legislature or the statutes framed thereunder does not contain any provision directing the university to grant approval only in such and such matters and ..... otherwise enjoyed by the citizens or class of persons whose actions are intended to be controlled or regulated by the enacted law, the authorities under the act shall not encroach upon such existing freedoms or rights or interfere with the legitimate rights they are otherwise free to enjoy. rights or freedom to do ..... authorities, as also rights and liabilities on certain others. as regards matters specifically dealt with in that enactment, it will be easier for the authorities to act upon. but difficulties arise in respect of matters which are not specifically covered by the provisions of the statute. this in turn gives rise to disputes requiring .....
Tag this Judgment!Court : Kerala
Decided on : Apr-11-2003
Reported in : 2003(2)KLT806
..... even as per the provisions in the statute. it was further argued that the petitioners can challenge the order rejecting the nomination in accordance with section 69 of the co-operative societies act. reliance was also placed on a decision of the division bench of this court in andoorkonam service co-operative bank v. co-operative election ..... be interfered with by this court in exercise of writ jurisdiction. whatever be the grievances, the original petitioners ought to have pursued remedy under section 69(2)(c) of the kerala cooperative societies act. we therefore, see no reason why the writ jurisdiction of this court should be invoked in such matters. as a matter of prudence ..... member. there is a note attached to ext. p1. clause 5 in the note says that the candidates contesting for the election should not incur disqualification under section 28 and rule 44 of the rules. clause 4 says that a candidate contesting for the reservation seat to the sc/st should produce a certificate showing his .....
Tag this Judgment!Court : Kerala
Decided on : Apr-11-2003
Reported in : 2003(3)KLT908
..... available even as per the provisions in the statute. it was further argued that the petitioners can challenge the order rejecting the nomination in accordance with section 69 of the co-operative societies act. reliance was also placed on a decision of the division bench of this court in andoorkonam service co-operative bank v. co-operative election commission (2002 ..... one lady member. there is a note attached to ext.p1. clause 5 in the note says that the candidates contesting for the election should not incur disqualification under section 28 and rule 44 of the rules. clause 4 says that a candidate contesting for the reservation seat to the sc/st should produce a certificate showing his caste. ..... (1) reads:'(1) no member of the society shall be eligible for being elected, or appointed as a member of the committee of the society under section 28 if he: (a) is disqualified under section 28; or (b) is a near relative of a paid employee of the society; or (c) (i) is in default to the society or .....
Tag this Judgment!Court : Kerala
Decided on : May-03-2003
Reported in : 2003CriLJ3928; 2003(2)KLT594
..... p.c. where the accused has already been arrested on 4.4.2003 on the allegation that he has committed offences punishable under section 55(a) of the kerala abkari act.3. as this court sitting as the vacation court entertained doubts about the desirability of approving the course adopted in many cases that ..... came up for consideration of the accused approaching this court directly with applications under sections 438 and 439 without and before approaching the court ..... arrested on an accusation of having committed anon-bailable offence, he may apply to the high court or the court of session for a direction under this section, and that court may, if it thinks fit, direct that in the event of such arrest he shall be released on bail.(2) ...........................................................................................439. .....
Tag this Judgment!Court : Kerala
Decided on : May-21-2003
Reported in : (2003)184CTR(Ker)241; [2003]264ITR439(Ker)
..... alternative remedy, i think this court will be doing a great disservice to public interest. the efficacy of this court has been considerably compromised owing to docket explosion. the court's precious time should be preserved for those matters which this court alone is competent to deal with. even though the right to approach the ..... that the impugned orders have been passed ingross violation of the principles of natural justice. it is also contended that inview of the amendment introduced to section 251(1)(a) by the finance act, 2001,w.e.f. 1st june, 2001, the cit(a) does not have any power to remand the caseto the ao. therefore, it ..... requests, the reasons so recorded were not communicated to the petitioner, it is submitted. therefore, it was disabled in submitting effective objections to the notices issued under section 148. it is also the petitioner's case that the assessment orders were passed relying on certain materials unearthed by the central excise authorities. but, those materials .....
Tag this Judgment!Court : Kerala
Decided on : May-21-2003
Reported in : [2003]130TAXMAN546(Ker)
..... alternative remedy, i think this court will be doing a great disservice to public interest. the efficacy of this court has been considerably compromised owing to docket explosion. this court's precious time should be preserved for those matters which this court alone is competent to deal with. even though the right to approach ..... orders have been passed in gross violation of the principles of natural justice. it is also contended that in view of the amendment introduced to section 251(1)(a) by the finance act, 2001 with effect from 1-6-2001, the commissioner (appeals) does not have any power to remand the case to the assessing officer. ..... , the reasons so recorded were not communicated to the petitioner, it is submitted. therefore, it was disabled in submitting effective objections to the notices issued under section 148. it is also the petitioner's case that the assessment orders were passed relying on certain materials unearthed by the central excise authorities. but, those materials .....
Tag this Judgment!Court : Kerala
Decided on : May-23-2003
Reported in : III(2003)ACC475; I(2004)ACC120; 2004ACJ1341; AIR2003Ker354; 2003(2)KLT1068
..... only).' it is on the basis of the above certificate that the appellant made a claim for rs. 25,000/-invoking section 140 of the motor vehicles act.4. section 140 of the motor vehicles act (for short, the act) deals with the liability to pay compensation in certain cases on the principle of 'no fault'. it provides that when death ..... had sustained injuries and in view of ext.a3 disability certificate issued by an orthopaedic surgeon, the appellant was entitled to an interim award under section 140 of the motor vehicles act. the following are the injuries alleged to have been sustained by the appellant as revealed from para 11 of the petition:-1. vein cut below ..... tribunal, wayanad, claiming a total compensation of rs. 1 lakh. thereafter he filed i.a. 1214/01 claiming interim award of rs. 25,000/- under section 140 of the motor vehicles act, the above claim was disallowed. 'aggrieved by the above order, the petitioner has' come up in appeal.2. heard the learned counsel for the appellant.3 .....
Tag this Judgment!Court : Kerala
Decided on : May-26-2003
Reported in : III(2003)ACC377; 2004ACJ158; AIR2004Ker214; 2003(2)KLT992
..... vehicle insured had obtained against any person insured by the policy. he was liable to satisfy the decree when he had been served with a notice under sub-section (2) of section 96 of the act about the proceedings in which the judgment was delivered.14. thus on the facts of the case before us we are of the view that the insurer ..... on account of the negligence of the mechanic who had been engaged by the repairer who had undertaken to repair the vehicle by virtue of the provisions contained in section 94 of the act which provides that no person shall use except as a passenger or cause or allow any other person to use a motor vehicle in a public place, unless ..... there is an access to the public in the place where the accident occurred. here we hold that workshop also is a public place within the meaning of section 2(24) of the act as public have access to that place and insurance company cannot escape from liability on the ground that accident happened in a private place.6. in amrit lal .....
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