Court : Kerala
..... kerala v. m.t.joseph (dead) by lrs' [air1977sc625. section 8 of kla act reads as under:8. assignment to take effect with restrictions, conditions etc. according to their tenor.- all the provisions, restrictions, conditions and limitations contained in any pattah ..... is in gross violation of the principles of natural justice, that 1935 rules could not have been invoked as the same stands repealed as provided under section 9(3) of the kla act, even otherwise 1935 rules is a dead letter applying the doctrine of desuetude, that the title of the petitioner's predecessor is absolute and cannot ..... applies.35. it is argued by the learned special government pleader that even assuming that 1935 rules is no longer in force, by virtue of section 8 of the kla act, all provision in the contract shall take effect, according to their tenure. reference is also made to the judgment of the supreme court in state of .....
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..... of the kla rules relates to the conditions of assignment on registry and rule 8(3) relates to the procedure for cancellation of the registry. as per section 5 of the kla act, assignment has to be made by the prescribed authority. the prescribed authority under the rules is the tahsildar. rule 21 provides for the procedure w.p.c ..... 20075 of 2007 & conn.cases 10 21(9) of the kla rules, which provision is held to be ultra vires the powers of delegation conferred under section 7(1) of the kla act. iv) the lands involved in the present case are occupied lands which can be alienated without any restriction. the conditions of the patta does not create any ..... & conn.cases 38 power conferred under rule 23a was exercised by the government and therefore the contentions urged by the petitioners are not sustainable. section 7 of the kla act relates to the rule making power of the government. section 7(1)(n) and (q) reads as under: "7. power to make rules.- (1) the government may make rules.- ....... (n) .....
Tag this Judgment!Court : Kerala
..... the "non- resident indian seats" are reserved for children or wards or dependents of non-resident indians. the said clause reads as follows:- "(i) the term "dependents" in section 2(o) of the act read as 1st paper above in respect of under graduate and post graduate medical and dental admissions is defined as follows:- 'an applicant who depends upon his/her .....
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..... looking into the declaration forms, the liability, if any, would necessarily be a charge on the subject property covered by exhibit p1 sale deed, going by sections 26a and 26b of the kgst act. needless to say that the assessing officer shall not, merely for the reason of passage of time, mechanically conclude the assessments; but shall look into the ..... the learned special government pleader would, in fact, refer to paragraph 3 of the counter affidavit, wherein it has been noticed that a further notice under section 17 (4) of the kgst act for the assessment years 2002-03 and 2003-04 was issued to the assessee on 22.10.2009, to which the assessee had not replied. it is ..... , exhibit p4 series, being set aside.10. the learned special government pleader (taxes), however, contends that de hors any assessment order being passed; as per section 26a and 26b of the kgst act, it cannot be wp(c).no.2408 of 2014 - 6 - disputed that the state has a charge over the property and the same can be proceeded .....
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..... respect of all or any of the decrees, although an appeal may not have been filed against such decrees: provided that the appellate court shall not make any order under section 35a, in pursuance of any objection on which the court from whose decree the appeal is preferred has omitted or refused to make such order." the object of the rule ..... paid as an alternative if delivery cannot be had." the above provision contemplates suits for recovery of specific movable property referred to in articles 68 and 69 of the limitation act, 1963. full bench of the travancore-cochin high court in ouseph v. thomman (air1954tc473 had occasion to consider the scope of order 20 rule 10 cpc in a great detail .....
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..... a scheduled commercial bank as seen from ext.p1 is illegal and unwarranted and hence unsustainable in law as the petitioner bank is exempted under section 2(7)(a) of the kerala money lenders act. further direction has been sought to respondents 2 to 8 and the police force of the first respondent, not to harass the petitioner ..... commercial bank recognised and duly licensed by reserve bank of india is exempted from the operation of the kerala money lenders act, 1958. it is submitted that in accordance with section 2(7)(a) of the kerala money lenders act, the petitioner bank is exempted. the state police is proceeding with a drive known as 'operation kubera' in the ..... crime no.1065/14 under section 511 of 468 ipc and sections 13 and 17 of kerala money lenders act; crime no.1055/14 under section 420 ipc and section 17 of the kerala money lenders act and crime no.551/14 under sections 471, 420, 506(1) ipc and section 17 of the kerala money lenders act read with section 4 of kerala prevention of .....
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..... the revisional court would not be justified in interfering with the findings of fact, unless it is vitiated by any illegality, irregularity or impropriety as contemplated under section 20 of the act. there is no such illegality, irregularity or impropriety in the order and judgment of the authorities below.10. for the aforesaid reasons, the rent control revision ..... case no.2 at page 2) and satheesan v. abdul rahiman (2003(3) klt1119.8. as regards the second limb of the second proviso to section 11(3) of the act, both the authorities below found that there are other suitable buildings available in the locality to accommodate the business of the tenant. it is clear from the ..... available in the possession of the landlady. the rent control court found that the tenant is not entitled to the benefit of the first proviso to section 11(3) of the act and that finding was confirmed by the appellate authority.7. the tenant raised a contention that he is depending for his livelihood mainly on the income .....
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..... alleged cheques. in other words, the cheques were issued to a transaction, which happened long prior to the issuance of the cheques. therefore, none of the ingredients in section 415 ipc is attracted in this case. in answer to this argument, learned counsel for the 1st respondent submitted that the original contract between the 1st respondent and the petitioner ..... property, or (b) intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property." 5. learned counsel for the petitioner submitted that ..... , or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". explanation.-a dishonest concealment .....
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..... court extends subject to the provisions of the code of civil procedure, 1908 to all original suits and proceedings of a civil nature under section 11(1) of the kerala civil courts act, 1957. therefore the district court alone has the jurisdiction to entertain a suit as regards selection to the post of 'melsanthi' in ..... the administration of temples in the state will be extremely profitable to decipher the intent of the expression 'court' appearing in the act and the same are enumerated hereunder: (i) section 2(d) of the koodalmanickam devaswom act, 2005 defines 'court' as under: "'court' means the district court having 6 crp nos. 370 & 390 of 2014 ..... jurisdiction over the area in which the temple is situated". (ii) section 61(2) of the travancore - cochin hindu religious institutions act, 1950 defines 'court' as under: "'court' shall mean the district court within the local limits of which the principal temple, shrine, samooham .....
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..... .m.c. no.2275 of 2010 -------------------------------------- dated this the 16th day of july, 2014. order petitioner requests for invocation of the power of this court under section 482 of the code of criminal procedure (in short, "cr.p.c.") to quash annexure-vii first information statement and all proceedings in crime no.485 of ..... and another (air1985sc1285. the principle of law stated therein is as follows: "in a case where the magistrate to whom a report is forwarded under sub-sec. (2) of s. 173 decides not to take cognizance of the offence and to drop the proceeding or takes the view that there is no sufficient ..... 2275 of 2010 ( ) ---------------------------- crime no.485/2010 of palarivattom policestation petitioner(s)/accused1o3 -------------------------- 1. apple a day properties pvt.ltd. a company incorporated under companies act with its registered office at apple tower, n.h.bye-pass palarivattom, edappally po, cochin-24.2. k.a.saju, managing director, apple a day properties pvt.ltd .....
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