Court : Kerala
Decided on : Jan-15-2006
Reported in : 2006(3)KLT618
..... 3 from the, witness box is totally different from that of the prosecution version. even though the accused were initially charged for offences punishable under sections 3 & 5 of the explosive substances act, 1908 also, when the final report was filed those offences were deleted. none of the persons who have witnessed the occurrence has been questioned or ..... raised in the court below also. in state of andhra pradesh v. thakkidiram reddy and ors. : 1998crilj4035 , the apex court observed as follows:10. sub-section (1) of section 464 of the code of criminal procedure, 1973 ('code' for short) expressly provides that no finding, sentence or order by a court or competent jurisdiction shall be ..... and 537 of the code of criminal procedure, 1898, which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with broad vision and look to the substance and not to technicalities, and their main concern should be to see .....
Tag this Judgment!Court : Kerala
Decided on : Feb-15-2006
Reported in : 2006CriLJ2702
..... 3 from the witness box is totally different from that of the prosecution version. even though the accused were initially charged for offences punishable under sections 3 and 5 of the explosive sub-stances act, 1908 also, when the final report was filed those offences were deleted. none of the persons who have witnessed the occurrence has been ..... sitting in the veranda of the shop of p. v. kumaran and engaged in a conversation. when he was about to reach the jeep stand he heard an explosion from the jeep stand and a jeep suddenly starting and proceeding towards thuvakkunnu. he also saw tharassiyal suni, tharassiyal pradeepan, kacheri suni, echilat chalil manu, kuniyal thankan, ..... and 537 of the code of criminal procedure 1898, which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with broad vision and look to the substance and not to technicalities, and their main concern should be to see whether the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-27-2006
Reported in : II(2007)ACC120; 2007ACJ338; 2006(4)KarLJ63
..... the petrol tanker no. mkl 7461.in that case since negligence of the owner of motor vehicle was not proved, court awarded only compensation under section 92-a (equivalent to section 140 of present act). in this case taxi was driven by petitioner to workshop for repair and while repairing gas exploded due to pure accident. therefore, on the same ..... motor vehicle the taker had fallen on one of its sides on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that ..... the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment.37. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case .....
Tag this Judgment!Court : Kerala
Decided on : Jan-02-2006
Reported in : AIR2006Ker138; 2006(2)KLT595
..... delay. she also filed e.a. 504/2005 to record full satisfaction of the decree in o.s. 172/98. as section 5 of the limitation act is not applicable to proceedings in execution, the petitions to condone the delay filed by selvi were dismissed and consequently e.a. nos ..... 05 in o.s. 172/98 whereunder the court below has dismissed e.a. 594/05 filed under order 21, rule 90 read with section 151, cpc on the ground that in view of the order passed in e.a. 595/05 the minor has no locus standi to ..... 2000 in o.s. 630/97 whereunder the petition filed by the minor through his next friend under order 21, rule 90 read with section 151, cpc challenging the court auction sale has been dismissed holding that the minor has no locus stand! to file the petition in ..... minor. consequently that court on the same day dismissed the applications filed by the minor under order xxi, rule 90 read with section 151, cpc holding that the minor has no locus standi to file the said applications in view of the dismissal of the .....
Tag this Judgment!Court : Kerala
Decided on : Jan-11-2006
Reported in : 2006(1)KLT669
..... in a meeting of the elected members of the panchayat, convened for the said purpose in the serial number of the standing committees as given in section 162(1) of the act. this means that the meeting for the purpose of the election to the standing committees shall be one meeting and all the standing committees have to ..... of the panchayat. so much so, such a resolution is one, which would be amenable to action by the government, in accordance with law, under section 191 of the act and hence is a resolution which can be subjected to a procedure provided by the ir rules.8. it is the undisputed position that recourse to the ..... 'panchayat committee', met on 29/10/2005, on a previous notified agenda, for the election of the aforesaid three standing committees provided by section 162 of the kerala panchavat raj act, 1994, hereinafter referred to as the 'act', since rule 5 of the kerala panchayat raj (standing committee) rules, 2000, hereinafter 'sc rules', for short, provides that such election .....
Tag this Judgment!Court : Kerala
Decided on : Jan-13-2006
Reported in : 2006(1)KLT761
..... 14 documents as exts. p1 to p14 and 17 material objects as mos 1 to 17.4. after the close of the prosecution evidence the accused were questioned under section 3l3(1)(b) cr.p.c. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. they denied those circumstances and maintained their ..... any violence leaving no marks of struggle on the body of the deceased. according to us, the chances of a woman and a youth daring to commit such an act at such an hour in such a venue, are very remote. on the contrary, the circumstances adverted to above coupled with the paranoid symptoms of the deceased and ..... entered and the sentence passed against the appellants cannot be sustained. the appellants are, accordingly, found not guilty of the offence of murder punishable under section 302 i.p.c. read with section 34 i.p.c. and are acquitted of the same. they shall be set at liberty and released from the prison forthwith unless their continued detention .....
Tag this Judgment!Court : Kerala
Decided on : Jan-13-2006
Reported in : 2006(4)KLT361
..... counsel for the appellant has raised a contention that the appellant being an agent of respondent no. 2 by virtue of the provisions contained in section 194 of the contract act, 1872, he is entitled to invoke the arbitration clause in the agreement executed between respondents 2 and 3. in other words, the contention is ..... , if so, whether the appellant is entitled to enforce his claim by invoking the arbitration clause against respondents 1 and 2 by virtue of section 194 of the indian contract act.3. respondent no. 1, the indian oil corporation limited, kochi marketing terminal (for short the corporation') had appointed fact engineering and design organisation ..... -seven only) towards payment allegedly due to him from respondent no. 3. the court below dismissed the application. hence, this appeal under section 37(1)(a) of the arbitration and conciliation act. 1996.2. the question that arises for consideration in this appeal is whether the appellant is an agent of respondent no. 2 and .....
Tag this Judgment!Court : Kerala
Decided on : Jan-15-2006
Reported in : 2006(2)KLT899
..... far as patta lands are concerned, payment of dead rent could not arise since the quarry operator is also the owner of the land. counsel also submitted that section 9a of the act indicates that the word 'dead rent' only relates to the minimum fixed rate in the case of mining leases granted by the government and as rules originally stood ..... of tamil nadu i.l.r 1994 (3) madras 41.5. senior government pleader sri t.r. ravi on the other hand contended that section 9 of the kerala mines and minerals (regulation and development) act, 1957 read with rule 15(3) of the rules framed thereunder makes the petitioner liable to pay either royalty or dead rent. counsel submitted that ..... also submitted that the claim for dead rent for minor minerals is not made directly under section 9-a of the mines and minerals (r & d) act, 1957. state government is empowered to fix and collect dead rent vide sections 15(3) and 25(2) of the act and rule 29(1)(d) of the kerala minor minerals concession rules, 1967 provides .....
Tag this Judgment!Court : Kerala
Decided on : Jan-16-2006
Reported in : 2006(1)KLT862
..... purpose of his business not being a business of providing transport, or who uses the vehicle for any of the purposes specified in sub-section (2) of section 42. sub-section (2) of section 42 of the motor vehicles act, 1939 reads as follows:(2) in determining, for the purposes of this chapter, whether a transport vehicle is or is not used ..... to the date of incorporation. the case in hand is a case of clear incorporation and not merely one of reference alone. the incorporation made by section 2(1) of the welfare fund act is absolute and is not subject to any qualifications or expectations. so much so, there is no room to hold that the repeal of the ..... in carrying passengers or goods or both by road for hire or reward. in contrast to the above definition, 'motor transport undertaking' is defined in section 2(h) of the welfare fund act as follows:(h) 'motor transport undertaking' means a motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward and .....
Tag this Judgment!Court : Kerala
Decided on : Jan-17-2006
Reported in : [2008]144CompCas544(Ker)
..... manner. they deserved to be deleted from the array of parties and restraints were not warranted to curtail their statutorily available rights. the argument was that section 391 of the act, although refers to the power of companies to make arrangements with creditors and members, such compromise could have been possible between a company and its ..... the first respondent herein (hereinafter referred to as 'bpl ltd.') had filed an application as m.c.a. no. 84 of 2004, being an application under section 391 of the companies act, 1956, read with rule 9 of the companies (court) rules, 1959, requesting for an order, whereby a meeting may be permitted to be held for ..... and charge with repayment facility. it is submitted that there is power for the registrar to make entries of satisfaction and release, as referable to sections 138 and 139 of the act. but there were no such proceedings, which legally meant that the disability as far as the company was concerned always continued. according to senior .....
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