Court : Kerala
Decided on : Mar-15-2006
Reported in : 2006(2)KLT417
..... same. paragraph 5 of the judgment containing the propositions reads as follows:5. the following propositions emerge from the above discussion: (i) to confiscate a conveyance under section 67cofthe act it is necessary that its owner, his agent or the person to whom it is entrusted by him should have a guilty mind (mens real though not to the ..... which confers ownership as far as a vehicle is concerned. as a matter of fact ownership depends on the conduct of the parties in terms of section 19 of the sale of goods act regarding the passing of the property. unless the vehicle has factually been transferred, there cannot be any change in the registration. in other words, ..... of the vehicle under that agreement. it is contended that the petitioner still remained to be the owner and the property is intended to pass under section 19 of the sale of goods act, 1930 only on the terms of the contract being fully complied with. the submission is that only if the 5th respondent completing the balance payment .....
Tag this Judgment!Court : Kerala
Decided on : Mar-16-2006
Reported in : 2006(2)KLT285
..... necessary are to be given and the landlord is required to state the grounds on which the application is made, when the application is under section 11 or 11a of the act. therefore, requirement of detailed pleadings are not envisaged but only the grounds which are relevant alone need be stated. interpretative decisions show that the ..... errors. sri s.a. razzak, appearing for the petitioner, submits that the order requires interference of this court, in exercise of its powers under section 20 of the rent control act. the reason, according to him, is that the lower authorities were oblivious about the requirement of pleadings and any evidence overreaching the pleadings should have ..... passed by the rent controller, trivandrum in r.c.p. no. 34 of 2002. eviction is ordered under section 11(3) and 11(4) (iv) of the kerala buildings (lease and rent control) act (for short rent control act). the tenant has come up in revision.2. the rental arrangement admittedly was in existence for decades. serious .....
Tag this Judgment!Court : Kerala
Decided on : Mar-17-2006
Reported in : 2006(3)KLT663
..... so much so the said floor is not entitled to any vacancy remission under section 239 of the act. however, if no room in any other floor is occupied by anybody for any half year or for full year, petitioner is entitled to vacancy ..... ., and residential rooms for the inmates. however, separate number given to each floor of the building may help the petitioner to avail rebate of tax under section 239 of the act. the floor which contains a kitchen, dr.'s room and common facility is certainly always on use as long as at least one inmate is there and ..... ramachandran nair, j.1. petitioner is challenging ext.p13 order issued by the respondent, by which property tax exemption claimed under section 235 and vacancy remission claimed under section 239 of the kerala municipalities act 1994 hereinafter called the 'act' are declined. i have heard counsel appearing for the petitioner and standing counsel smt, a.g. aneetha appearing for the respondent .....
Tag this Judgment!Court : Kerala
Decided on : Mar-21-2006
Reported in : 2006(2)KLT210
..... they may be relevant to answer the question posed in the very beginning of the judgment. any person who may fulfil the conditions mentioned in section 24 of the advocates act, 1961, hereinafter referred to as the 'act of 1961' would be qualified to be admitted as an advocate on a state roll. such person has to be a citizen of india, ..... further that none of them has any disqualification that may come in their way of enrolment as advocate as mentioned in section 24a of the act of 1961. the bar council of kerala deriving authority from sub-section (1) of section 28 of the act of 1961 has framed the bar council of kerala rules, 1979, hereinafter referred to as 'the rules'. under the ..... on the grounds for the refusal.5. a state bar council as per the provisions contained in section 28 of the act of 1961 has been given power to make rules to carry out the purposes of chapter iii. sub-section (2)(d) of section 28 reads as follows:(d) the conditions subject to which a person may be admitted as an .....
Tag this Judgment!Court : Kerala
Decided on : Mar-22-2006
Reported in : 2006(2)KLT467
..... bharatheeya janatha party while 16 were elected under the united democratic front. they have to make and subscribe oath and affirmation as provided under section 143 (1) of the act. section 143 in its entirely is extracted hereunder for easy reference.143. oath or affirmation.-(1) the government, after each general election shall ..... vijayakumar and hence he was declared elected as chairperson by the returning officer. chandrankutty had to make and subscribe oath or affirmation under section 143 (2) of the act before the returning officer, a person nominated by the government for that purpose. chandrankutty however refused to make oath or affirmation as chairperson ..... , counsel appearing for the state election commission submitted that the returning officer is a person before whom in exercise of the powers under section 143 (2) of the act the chairperson has to make and subscribe his oath. in the absence of chairperson election commission permitted the deputy chairperson to make and .....
Tag this Judgment!Court : Kerala
Decided on : Mar-24-2006
Reported in : 2006(4)CTC353; 2006(2)KLT250
..... of the powers of the special tribunals (the rent control court/ the appellate authority). this is the rationale underlying to the second proviso to section 11(1) of the act. the legislature wanted such disputes regarding title/claim of permanent tenancy to be considered only by the regular civil courts which follow exhaustive procedure and ..... therefore felt that only bonafide denial of title or a bonafide claim for permanent tenancy should alone divest the special tribunals of their jurisdiction under section 11 of the act. it is hence stipulated that the denial of title/claim for permanent tenancy must be bonafide. the tribunal's jurisdiction is only to decide whether ..... thereby admits the landlord's right to claim eviction and therefore there could possibly be no denial of title relevant to the second proviso to section 11(3) of the act. if the landlord - tenant relationship between the petitioner/claimant and the respondent/opposite party is admitted, there could possibly be no denial of .....
Tag this Judgment!Court : Kerala
Decided on : Mar-24-2006
Reported in : [2007(1)JCR175(NULL)]
..... he thereby admits the landlord's right to claim eviction and therefore there could possibly be no denial of title relevant to the second proviso to section 11 (3) of the act. if the landlord-tenant relationship between the petitioner/ claimant and the respondent/opposite party is admitted, there could possibly be no denial of title ..... of the powers of the special tribunals (the rent control court/the appellate authority). this is the rationale underlying to the second proviso to section 11(1) of the act. the legislature wanted such disputes regarding title/claim of permanent tenancy to be considered only be the regular civil courts which follow exhaustive procedure and ..... the property were acquired directly by the transferee landlords under ext. a-11.5. venugopalan-the original landlord claimed eviction against the tenant- sivananthan under section 11 (2) of the act in r.c.p. no. 67/95. later, the transferee landlords got themselves impleaded as supplemental landlords 2 to 4 in that r.c.p .....
Tag this Judgment!Court : Kerala
Decided on : Mar-24-2006
Reported in : AIR2006Ker258; 2006(2)KLT603
..... by making the levy permissible on each 'price for admission'. the changes made by the amending act of 1975 to section 5 and section 6(1) of the act were also to give effect to the aforesaid amendment brought to section 3. by such amendment, the admission of a person for the entertainment became subject of the condition ..... to which a higher payment is required.6. sub-sections (7) and (7a) as above were brought into the act by substitution, of sub-section (7) of section 2, as it earlier stood, by the amendment of 1975. section 3 of the act before the amendment of 1975 read with section 2(7) as it then stood, provided for levy ..... coming into force of the kerala local authorities entertainments tax (amendment) act, 1975 but before the coming into force of the kerala local authorities entertainments tax (amendment) act 16 of 2000.4. before its amendment in 1975, the charging section, namely, section 3 of the act provided for levy of entertainments tax on each 'payment for admission' to .....
Tag this Judgment!Court : Kerala
Decided on : Mar-27-2006
Reported in : 2006(2)KLT319
..... for abkari shops and can collect licence fee etc. in order to appreciate the rival contentions the provisions that existed prior to deletion of sub-sections 6 to 8 to section 447 by act 14/1999 have to be referred to. for easy reference, the provisions are extracted herein-below:447(1). purpose for which places may ..... 1st respondent-municipality from interfering with his toddy business. on the face of it, i find that the suit is not maintainable by virtue of section 563 of the municipality act, which is as follows:563. jurisdiction of civil courts barred: no civil court shall have jurisdiction to entertain any suit, application or petition challenging ..... advance permission in writing from the municipality is no longer required, the abkari licencee is bound to take out licence for running abkari shop under section 447(1) of the act, and the municipality is entitled to collect licence fee in accordance with the rules prescribed. counsel for municipality submitted that since no rules are made .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-2006
Reported in : 2006(2)KLT874
..... of the law by the supreme court in state of tamil nadu v. paramasiva pandian : 2001crilj4772 . special court for trial of e.c. act came into existence as provided under section 12(9) of e.c. act. the act was enforced initially for five years and was later extended for a further period of five years from 1987 to 1992 and again extended ..... that exactly is the position herein. as special judge had no jurisdiction to try or convict appellants for the offences under e.c. act after 31/8/1997 the trial and conviction are void as provided under section 461 of cr.p.c.6. if the trial itself is void consequence will be that the accused are not tried for the ..... magistrate of the first class had no jurisdiction tried an offence under sub-section 1 of section 15 of u.p. private forests act, 1948 and convicted him. apex court held that previsions of cr.p.c with provisions of section 15 of forest act clearly show that offences under section 15 are not triable by any magistrate in view of the clear words .....
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