Court : Kerala
..... opinion that it is necessary so to do in the interest of the wakf." 9. this provision has undergone a drastic change by the amendment act of 2013. sub-section (2) of section 51 of the act has been completely changed so that any sale, gift, exchange, mortgage or transfer of wakf property shall be treated void ab initio from 20th september ..... under the code of civil procedure, 1908 (5 of 1908), while trying a suit, or executing a decree or order." it is mentioned in sub-section (6) of section 83 of the act that notwithstanding anything contained in c.p.c., the tribunal shall follow such procedure as may be prescribed. chapter xi of the rules deals with the ..... in alappuzha muhiyideen masjid association v. abdulkhader (2011 (1) klt772 that the tribunal functions as an original forum and as an appellate forum.16. section 83 of the act deals with constitution of tribunals. section 83(5) reads as follows: " the tribunal shall be deemed to be a civil court and shall have the same powers as may be .....
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..... also marked ext.d1 reply notice.3. on an appreciation of the evidence adduced on both sides, the trial court found the revision petitioner guilty under section 138 of n.i.act. on conviction thereunder he was sentenced to undergo imprisonment till rising of court and he was also directed to pay a compensation of 1 lakh to ..... liability. the said evidence stands not discredited. the evidence given by dw1 will not in any manner rebut the presumption available to the complainant under section 139 of the n.i. act. exts.p2 and p3 documents will show that ext.p1 cheque was dishonoured due to insufficiency of funds. the revision petitioner has no case that ..... funds and he did not make payment of the cheque amount, in spite of statutory notice, the revision petitioner faced trial before the trial court under section 138 of the negotiable instruments act.2. the revision petitioner pleaded not guilty in the trial court and claimed to be tried. prosecution was initiated by the 1st respondent herein. one .....
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..... . i find that this revision is liable to be dismissed. in the result, this revision petition is dismissed, confirming the conviction against the revision petitioner under section 138 of n.i act in c.c.no.1043/2006 of the judicial first crl.r.p no.2702 of 2011 5 class magistrate court-i, thrissur, and also confirming the ..... .p1 cheque. this evidence stands not discredited. the evidence adduced in defence by the accused will not prove or probabilise his case or rebut the presumption under section 139 of n.i act. ext.p2 document will show that the cheque in question was bounced due to insufficiency of funds in the account of the revision petitioner. ext.p3 statutory ..... d7 were marked. on an appreciation of oral and documentary evidence, crl.r.p no.2702 of 2011 2 the trial court found the revision petitioner guilty under section 138 n.i act. on conviction thereunder he was sentenced to undergo simple imprisonment for three months, and was also directed to pay a compensation of 2,00,000/- to the .....
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..... the requirement projected by the landlady in this case is quite genuine, and so the landlady will have to be granted an order of eviction under section 11 (3) of the act.14. another ground for eviction concurrently found in favour of the landlady, is that the tenants have acquired their own buildings or premises. in the eviction ..... are solely depending on the business being conducted in the tenanted premises. accordingly, the judgment of the appellate authority as regards the ground for eviction under section 11 (3) of the act is liable to be set aside and the order of the trial court will have to be restored. a mere consulting room attached to the house ..... to continue till alternative arrangements are made and that dr.raja venkittaraman has no legal right to continue in the said premises.9. dependancy as meant under section 11 (3) of the act involves two situations. one is a situation where the dependent projected in the petition does not have a building or room of his own to accommodate .....
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..... was issued for a lesser amount. on an appreciation of evidence crl.r.p.no.800/2014. 2 the learned magistrate found the revision petitioner guilty under section 138 of the ni act. on conviction, he was sentenced to undergo simple imprisonment till the rising of the court, and was also directed to pay a compensation of rs.2 ..... order the revision petitioner herein faced prosecution before the judicial first class magistrate court-i, erattupetta in cc.no.490/2009 on a complaint filed under section 138 of the negotiable instruments act, on the allegation that a cheque issued by him for rs.2,00,000/- in discharge of the amount borrowed from the respondent/complainant was dishonoured ..... ,00,000/- to the complainant under section 357(3) crl.pc.3. aggrieved by the conviction and sentence the accused/revision petitioner filed crl.appeal no.336 of .....
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..... ammalu ammal (1977 k.l.t.285) was decided, the expression "market value of land" was available in sub-section (2) of section 7 of the court fees act. by act 6 of 1991, sub-section (2) of section 7 of the court fees act was amended and the expression "market value of land" was substituted by the expression "market value of agricultural land". ..... is agricultural operation or agricultural operation-cum-residence, i am of the view that sub-section (2) of section 7 of the court fees act would apply. sub-section (3a) of section 7 of the court fees act would apply only when sub-sections (2) and (3) of section 7 would not apply.12. the next question to be considered is whether a land ..... plaint schedule are "residential w.p.(c)no.33129 of2009::5. :: garden" and therefore, valuation should be made in respect of those items under sub-section (3a) of section 7 of the act. relying on the oral evidence of the sub registrar, chevayur, who was examined in the case, and on the basis of exts.c1 to c4 sale .....
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..... cheque in discharge of the said liability. this evidence given by the complainant stands not discredited, and the presumption thus available to him under section 139 of the negotiable instruments act stands not in any manner rebutted. accused did not adduce any evidence in defence to probabilise the defence pleaded by him. i find ..... petitioner, though opportunity was granted by the trial court.3. on an appreciation of the evidence, the learned magistrate found him guilty under section 138 of the negotiable instruments act. on conviction thereunder, he was sentenced to undergo simple imprisonment for a period of three months and was also directed to make payment of ..... dated this the 22nd may, 2014 order the revision petitioner herein challenges the legality and propriety of the conviction and sentence against him under section 138 of the negotiable instruments act in c.c no.582 of 2010 of the judicial first class magistrate court-ii, palakkad. he is a bank employee. prosecution was initiated .....
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..... for realisation of the cheque amount. with this modification in sentence, the revision can be allowed in part, however, confirming the conviction under section 138 of the negotiable instruments act.6. the learned counsel for the revision petitioner made a further request for some reasonable time to make payment of the compensation. his request ..... did not adduce any evidence in defence. on an appreciation of the evidence adduced by the complainant, the learned magistrate found him guilty under section 138 of the negotiable instruments act. on conviction thereunder, he was sentenced to undergo simple imprisonment for two months and also to pay a fine of 5,45,000/-.3. ..... passed the following: p.ubaid, j.~~~~~~~~~~ crl.r.p no.860 of 2014 ~~~~~~~~~~~ dated this the 22nd may, 2014 order on indictment under section 138 of the negotiable instruments act, the revision petitioner herein faced trial before the judicial first class magistrate-v, kottayam in s.t no.46 of 2010. prosecution was initiated .....
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..... requirements in initiating prosecution, and the case on facts pleaded by him stands well proved. i find that the conviction in this case under section 138 of the negotiable instruments act is only to be confirmed.6. the sentence imposed by the courts below also does not require any interference in revision because the sentence imposed ..... the revision petitioner maintained a defence of denial, and he did not adduce any evidence in defence. the learned magistrate found him guilty under section 138 of the negotiable instruments act. on conviction thereunder, he crl.r.p no.900 of 2014 2 was sentenced to undergo simple imprisonment till rising of court and was also ..... the following: p.ubaid, j.~~~~~~~~~~ crl.r.p no.900 of 2014 ~~~~~~~~~~~ dated this the 22nd may, 2014 order conviction and sentence under section 138 of the negotiable instruments act are under challenge in this revision brought by the accused. prosecution was initiated in the trial court by the 1st respondent herein. the case of .....
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..... bank. i make it clear however that if any payment has been made to the 2nd respondent workman during the pendency of this writ petition, under section 17-b of the industrial disputes act, those amounts shall not be recovered by the petitioner bank. with these directions the writ petition is allowed by quashing ext.p1 award of the industrial ..... fact been engaged by the petitioner bank, and (ii) whether the termination of services of the 2nd respondent amounted to a retrenchment for the purposes of section 25-f of the industrial disputes act, are to be found in paragraphs 7 and 8 of ext.p1 award. briefly stated, the 1st respondent tribunal has relied upon the entries in the ..... out that his service was terminated with effect from 28.11.1998 and this, in effect, was a retrenchment insofar as it was in violation of section 25-f of the industrial disputes act.3. the case of the workman was contested by the bank, the petitioner herein, which took the stand that it had never employed the 2nd .....
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