Court : Kerala
..... 9. i shall deal with the liability of a minor, in case a cheque drawn by him is dishonoured, as per the law stated in section 26 ni act. on a reading of section 26 ni act, it is crystal clear that a minor, like any other person capable of contracting, may draw, indorse, deliver and negotiate a promissory note, ..... course, dishonour of a postdated cheque, after it has become a cheque in the eye of law, would have attracted the offence under section 138 ni act. nevertheless, the law pronounced distinctly in section 26 ni act makes it clear that though a minor can draw, indorse, deliver and negotiate a promissory note, cheque, etc. so as to bind ..... p.samsudin, learned counsel for the 1st respondent. learned public prosecutor is also heard.7. according to shri venugopal, the prosecution is a misconceived legal action. section 26 ni act, though permits a minor to draw, endorse, deliver and negotiate a promissory note, bill of exchange or cheque, makes it clear that such instrument shall never .....
Tag this Judgment!Court : Kerala
..... accepting the claim of another claimant, in respect of the same land, if the latter independently establishes his right for exemption in terms of the act and rules. under section 3 of the act, it is the actual holding of the land under personal cultivation or the holding of the land under a valid title with an intention to personally ..... 12072/2010 12 petition to that effect. it is contended therefore that the applications preferred by the petitioners were not in accordance with the procedure prescribed in section 3 of the act and therefore any order that was passed thereon by the predecessor in office was non est and liable to be ignored. ext.p5 judgment of the supreme ..... the 1st respondent considered the applications preferred by the petitioners for exemption and found 65 acres of land to be eligible for the exemption in terms of section 3(3) of the act. he accordingly passed ext.p1 order dated 12.2.1976, wherein, the total extent of land that was exempted, as also the separate parcels of .....
Tag this Judgment!Court : Kerala
..... had understood its contents.56. the will in question, ext a10, was not registered at the office of the sub registrar. it was deposited with him under section 42 of the registration act. the plaintiff's version is that before his death antony handed over to her the token he had received from the sub registrar's office with the instruction ..... not create bar and the party making the admission may always prove that it was erroneous or untrue or mistaken unless it operates as estoppel as provided under section 31 of the evidence act.31. as unlike estoppel admission is only an item of evidence which the court shall take into consideration in determining an issue, it cannot ignore admissions of ..... xavier is not alive and he is not a party to this suit and it takes his statements out of the first of the three categories mentioned in section 18 of the evidence act.20. as the subject-matter of o.p.1 of 1962 was only mental condition of antony, there was no question of xavier's having any proprietary .....
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..... .c. the petitioners are the accused nos.1 to 5 in crime no.408/2014 of kolavalloor police station registered for the offences under sections 143, 147, 148 r/w. section 149 ipc and sections 3 & 5 of the explosive substances act.2. the allegation is that they formed themselves into an unlawful assembly and hurled bomb at the house of the first informant at ..... 10.30 in the night.3. heard.4. it is very strange that the accused have been charged with the offences under sections 143, 147, 148 r .....
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..... intention of causing death, the offence would be "murder". illustration (c) appended to section 300 clearly brings out this point.20. clause (c) of section 299 and clause (4) of section 300 both require knowledge of the probability of the act causing death. it is not necessary for the purpose of this case to dilate much ..... -- homicide is murder if the act by which the death is caused is done -- intention (a) with the ..... in focus the keywords used in the various clauses of sections 299 and 300. the following comparative table will be helpful in appreciating the points of distinction between the two offences. section 299 section 300 a person commits culpable subject to certain homicide if the act by which exceptions culpable the death is caused is done .....
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..... to 3 in crime no.2895/2014 of perumbavoor police station registered for the offences under sections 120b, 143, 144, 147, 148, 307, 427 & 452 r/w. section 149 ipc and section 27 of the arms act and section 3 (a) of the explosives substances act.2. it is alleged that on 28.06.2014 at midnight, the petitioners armed with ..... deadly weapons and explosive substances trespassed into the house of the first informant and attempted to commit murder ..... to the nearby house. the mahazar prepared by the police shows that two articles, which appeared to be some explosive substances were seized from the courtyard. but the statement of the first informant shows that the explosive substance was thrown into the house. so this is a very suspicious circumstance.6. the learned public prosecutor submits .....
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..... the 28th day of august, 2014 judgment k.t.sankaran, j.ramesh babu @ kannan, the husband of the petitioner has been detained under section 3(1) of the kerala anti-social activities (prevention) act (hereinafter referred to as 'kaapa') as per ext.p1 order no.cc53/s13.32615/14/camp dated 28/04/2014 issued by the district magistrate ..... , thiruvananthapuram. ramesh babu @ kannan is undergoing detention in central prison, viyyur.2. in the order of detention, the petitioner is described as a person who satisfies the definition of 'known rowdy' as defined in section ..... of ramesh babu @ kannan and a report to that effect was made. the government confirmed w.p.(crl.)no.302 of 2014 2 the order of detention under section 10(4) of the kaapa on 28/06/2014.3. various grounds have been raised by the petitioner in the writ petition challenging the validity of the detention .....
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..... his part to enquire into the matter and once he is satisfied that the entry is erroneous, the rule mandates that the correction should be made as required under section 15 of the act. this duty, cast upon the 2nd respondent, was not discharged by the 2nd respondent; so submitted, the learned counsel for the petitioner.7. on a specific query put ..... noticed by him the registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error as provided in section 15 of the kerala registration of births and deaths rules, 1969. in the instant case, though the petitioner has a case that her date of birth was inadvertently recorded as .....
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..... petition is disposed of as follows, without being admitted to files. (a) the conviction made by the courts below against the revision petitioner under section 138 of the negotiable instruments act is confirmed. (b) the minimum sentence till rising of the court imposed by the courts below is also confirmed. (c) the direction made by ..... in a loan transaction was bounced due to insufficiency of funds. when he failed to make payment on demand, the society initiated prosecution under section 138 of the negotiable instruments act before the judicial first class magistrate court-ii, thiruvananthapuram. he entered appearance in the trial court and made contest that the society could not ..... undergo simple imprisonment for two months, and was also directed to pay a compensation of 21,573/- with interest at the rate of 9% per annum under section 357 (3) of cr.p.c.3. aggrieved by the conviction and sentence, the revision petitioner approached the court of session, thiruvananthapuram with crl.a no. .....
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..... on the file of the judicial first class magistrate court, koyilandy, filed by the 1st respondent/divorced wife under section 3 of the muslim women (protection of rights on divorce) act, 1986 (in short, "the act"). averments in the petition are as follows: the petitioner married the 1st respondent on 12.10.2001. the mahar ..... (2009 (4) klt370(sc) = air2009sc3098 can be profitably referred to here. though it was considered in a claim petition filed under the railway claims tribunal act, the principal enunciated in that decision, according to me, is applicable to this case as well. there also it was pointed that there was no provision for ..... copy// a.hariprasad, j.-------------------------------------- crl.m.c. no.1655 of 2010 -------------------------------------- dated this the 27th day of august, 2014. order petition filed under section 482 of the code of criminal procedure (in short, "cr.p.c.").2. petitioner challenges the revisional order passed by the learned sessions judge, kozhikode under .....
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