Court : Kerala
Decided on : Jul-25-2006
Reported in : II(2007)BC330; 2006(4)KarLJ48
..... not reside at that address. it is not even asserted specifically that the petitioner's wife is not one of the owners. due presumption under section 114 of the evidence act deserves to be drawn on the basis of the endorsement written on ext.p4 notice by the postman. if there were no such person at the ..... while considering the rival sets of evidence to decide whether the facts are 'proved' to the satisfaction of the definition of the expression proved in section 3 of the evidence act. the theory that even when the liability was entirely discharged by the son of the petitioner, the cheque continued to remain with the complainant is ..... courts below considered the above contentions anxiously and came to the conclusion that the complainant has succeeded in establishing all ingredients of the offence punishable under section 138 of the n.i. act. accordingly, they proceeded to pass the impugned concurrent judgment.5. called upon to explain the nature of challenge which the petitioner wants to mount .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2006
Reported in : 2006CriLJ4352; 2006(3)KLT795
..... order of detention as against the petitioner in this case. retraction statements made by the co-accused even in an application for compounding under section 137 of the customs act would be relevant and important documents which the sponsoring authority should have placed before the detaining authority. having not done so, we are ..... authority, question of affirmation of the detention order would not arise.10. we have already indicated that in the compounding application preferred under section 137 of the customs act before the chief commissioner of customs, bangalore the co-accused retracted from his earlier two statements made before the sponsoring authority on 6-12 ..... myself was arrested.above statement made by the co-accused before the commissioner of customs, a superior authority though in a compounding application preferred under section 137 of the customs act, 1962, is a relevant material which ought to have been placed before the detaining authority. the apex court in c. mohan's case .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2006
Reported in : 2006CriLJ4537
..... not reside at that address. it is not even asserted specifically that the petitioner's-wife is not one of the owners. due presumption under section 114 of the evidence act deserves to be drawn on the basis of the endorsement written on ext. p4 notice by the postman. if there were no such person at ..... while considering the rival sets of evidence to decide whether the facts are 'proved' to the satisfaction of the definition of the expression proved in section 3 of the evidence act. the theory that even when the liability was entirely discharged by the son of the petitioner, the cheque continued to remain with the complainant is ..... courts below considered the above contentions anxiously and came to the conclusion that the complainant has succeeded in establishing all ingredients of the offence punishable under section 138 of the n.i. act. accordingly, they proceeded to pass the impugned concurrent judgment.5. called upon to explain the nature of challenge which the petitioner wants to mount .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2006
Reported in : 2007CriLJ1637
..... the code', for short) provides that particulars as to time, place and person against whom the offence was committed shall be stated in the charge. sub-section (1) of section 212 of the code reveals that the charge 'shall' contain such particulars (as to the time and place of the alleged offence, and the person (if ..... of the witness or witnesses were assaulted by a particular accused. in the absence of putting specific questions to the accused under section 313 of the code regarding the details of the alleged acts appearing in evidence against him, he cannot be convicted for the specific offence or offences alleged against him. but even while ..... requirements under the relevant provisions of the code. the defects are not mere insignificant omissions or irregularities in the charge which can be ignored as immaterial under section 215 of the code. those have caused gross failure of justice.9. every criminal court has the responsibility to frame charge consistent with the legal requirements .....
Tag this Judgment!Court : Kerala
Decided on : Jul-26-2006
Reported in : 2006(4)KLT100
..... in the gazette, any land to be ecologically fragile land on the recommendation of the advisory committee appointed for the purpose under section 15 of the act. sub-section (2) of section 4 stated that no declaration under sub-section (1) shall be made without giving the owner a notice of thirty days for being heard. further it is also stated ..... area is an enclave surrounded by evergreen forest.state has taken the specific stand that the land in question has already been vested in the government under section 3 of act 21 of 2005. consequently in case there is any dispute as to whether the land is ecologically fragile land or not or any ecologically fragile land or ..... by notification in the gazette, any land to be ecologically fragile land on the recommendation of the advisory committee appointed for the purpose under section 15 of this act.(2) no declaration under sub-section (1) shall be made without giving the owner a notice of thirty days for being heard.(3) no person shall change the legal .....
Tag this Judgment!Court : Kerala
Decided on : Jul-26-2006
Reported in : (2006)206CTR(Ker)551; 2006(4)KLT426
..... needless to say the assessee will be free to deduct whatever amount is paid towards salestax and turnover tax when it is actually paid under section 43b of the i.t. act.8. we are of the view that the tribunal is justified in holding that the amount collected by the assessee forms part of trading receipts ..... the assessee had shown a sum of rs. 5,47,582/- under the head 'contingency deposit'. it was contended before the commissioner (appeals) by the assessee that section 43b is not applicable with regard to contingency deposit. accepting the said contention commissioner (appeals) deleted the addition made by the assessing officer.2. revenue took up ..... same assessee took up the matter in appeal before the commissioner (appeals) stating that the disallowance of a sum of rs. 4,27,483/- being disallowance under section 43b in respect of contingency deposit liability is illegal. it was pointed out that the assessee is a commission agent receiving commission from agency despatches. during the year .....
Tag this Judgment!Court : Kerala
Decided on : Jul-26-2006
Reported in : 2006(3)KLT641; 2006(6)AIRKarR220(FB)(Ker)
..... could complete the selection process i.e. even before the interviews were held, the state government, in exercise of its powers under sub-section (1) of section 2 of the kerala public services act, 1968, framed rules for recruitment to the kerala industries subordinate service. these rules were named, 'special rules for the kerala industries subordinate ..... appointment made against the relevant provisions as they stood on the date of the appointment was valid in view of the amendment to section 16-f of the u.p. intermediate education act, which was introduced in the year 1975, i.e. subsequent to the commencement of the proceedings for selection to the post. ..... term' recruitment' connotes and clearly signifies enlistment, acceptance, selection or approval for appointment and not actual appointment or posting in service while 'appointment' means an actual act of posting a person to a particular office. in this view of the matter, the word 'recruited' existing in rule 4.2 of the punjab civil .....
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 : Aug-01-2006
Reported in : 2006(4)KarLJ81
..... are not conducting any pre-natal diagnostic test and there is no room for any apprehension that such institutions will be compelled to be registered under section 18 of the act.15. as we have already indicated, registration will be compulsory only in case of genetic counselling centres, genetic clinic, genetic laboratory, etc. which ..... so long as they are not conducting any such pre-natal diagnostic tests using any techniques including ultrasonography, cannot be insisted to be registered under section 18 of the act. so however, it will be open to the authorities concerned to inspect the hospitals and to ensure that petitioners are not conducting any such ..... of such techniques for the purpose of pre-natal sex determination leading to female foeticide, and for matters connected there with or incidental thereto. section 2(c) of the said act defines 'genetic counselling centre' as an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to .....
Tag this Judgment!Court : Kerala
Decided on : Aug-01-2006
Reported in : 2006(3)KLT897
..... petitioners as costs which has to be adjusted against future tax on the ground that the demands for properly tax were barred by limitation prescribed under section 539 of the kerala municipality act.2. the municipal corporation challenges the said order on three grounds viz, (1) the demand for tax is a sovereign function. therefore, the ..... with service provided to the deceased. this becomes obvious when one reads the provision along with the definition of complaint in section 2(c), and service in section 2(o) of the 1986 act. complaint according to section 2(c) means any application in writing in relation to an unfair trade practice or as a restrictive trade practice ..... laying and maintenance of road, water supply and drainage facilities. the complainant cannot therefore be held to be a consumer within the meaning of section 2(1)(d)(ii) of the act and the complaint is not maintainable. the district forum has not considered this aspect of the matter and has erred into the conclusion that .....
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