Court : Kerala
Decided on : Aug-07-1989
Reported in : AIR1990Ker50
..... trivandrum has filed this civil revision petition.2. counsel for the petitioner submitted that in view of the provisions contained in section 56 of the electricity act and section 82 of the electricity (supply) act, 1948 the suit is not maintainable. sufficient protection is given preventing filing of suits for the actions taken by the electricity ..... the affairs of the union, of the central government; and (b) in any other case, of the (state government)'. section 82 of the electricity (supply) act reads:'82. protection to persons acting under this act.-- no suit, prosecution or other legal proceeding shall lie against (any member or officer or other employee of the board) for ..... shall try to understand the exact scope and width of the two provisions, viz., section 56 of the electricity act and section 82 of the electricity (supply) act. section 56 deals with, protection for acts done in good faith. it presupposes that if the act has been done not with good faith, there is no bar of suit. so .....
Tag this Judgment!Court : Kerala
Decided on : Aug-04-1989
Reported in : [1991]71CompCas652(Ker)
..... supreme court in gujarat state financial corporation v. natson ., air 1978 sc 1765 ; [1979] 49 comp cas 187 has considered the nature of proceedings under section 31 of the act. considering the nature of the reliefs the court can grant, the scope of investigation of the claim and scheme of therelevant provisions, the supreme court held that the ..... p. finance corporation, air 1985 hp 108, where the court held, relying on an earlier unreported decision of a division bench of that court, that since section 32 of the act is silent in regard to provision for future interest, the district court has no jurisdiction to award such future interest. with great respect, we are unable to ..... principal amount due in accordance with the terms of the agreement between the parties till the entire amount due was paid as per the order passed under section 32 of the act'. even going by the provisions of order xxxiv, rule 3 of the code, the corporation is entitled to interest till payment or realisation. see man .....
Tag this Judgment!Court : Kerala
Decided on : Aug-04-1989
Reported in : AIR1990Ker69
..... between what can be performed and the subject-matter of the contract. in these circumstances, the ingredients of clause (a) of sub-section (3) of section 12 of the specific relief act are present in the instant case, 12. the further question to be considered is whether the 7th defendant (plaintiff in the specific performance ..... she is entitled to specific performance of her share at least by paying the proportionate value. section 12(4) of the present specific relief act corresponds to section 16 of the specific relief act, 1877. section 16 of the specific relief act came up for consideration before the madras high court in abdul aziz v. abdul sammad, air ..... suit is within time, delay issanctioned by law. in satyanarayana v.yelloji rao, air 1965 sc 1405, construingsection 22 of the specific relief act, 1877 (corresponding to section 20 of the 1963 act) theirlordships observed as follows (at p.1409):- '(7) mr. lakahmaiah cited a long catena of english decisions to define the scope of .....
Tag this Judgment!Court : Kerala
Decided on : Aug-02-1989
Reported in : 1990CriLJ362
..... conduct.as counsel defending first accused it was a bounden duty of the petitioner to bring out the circumstances which entitles his client to get the benefit of section 19(2) of the act. for getting that benefit he has to state the circumstances under which the warranty happened to be lost to him. to substantiate that he was duty-bound ..... counsel sri p. v. abdurahiman. learned magistrate now finds fault with petitioner in allowing dw-2 to swear against sri p. v. abdurahiman.2. as per section 19(2) of the act a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he ..... of food sold by him was one purchased from second accused and it was covered by a warranty. he wanted to avail the benefit of clause (2) of section 19 of the act. for that purpose he entrusted the bill stated to have been obtained from second accused with counsel for production before court. learned counsel did not produce it before .....
Tag this Judgment!Court : Kerala
Decided on : Jul-31-1989
Reported in : AIR1990Ker131
..... when, with the election in prospect, he began to hold himself out as a prospective candidate'. (the definition was subsequently changed by act 40 of 3975. but when the supreme court considered the cases, the definition remained as quoted above). section 82 has two limbs. in the first limb (a) an election petitioner shall join as respondents 'all the contesting candidates' in ..... 1965 sc 1243.) for understanding the said decisions which were rendered while interpreting section 82 of the representation of the people act, 1951, a reference to the relevant provisions of the said act is necessary. part vi of the said act deals with disputes regarding elections. a candidate is defined in section 79 as 'a person who has been or claims to have been duly .....
Tag this Judgment!Court : Kerala
Decided on : Jul-28-1989
Reported in : AIR1990Ker78
..... candidly confess that i had no doubt that the circumstances revealed in the case would not justify allowing the respondents herein to take inquisition proceedings under section 63 of the act, for a declaration by the court that indira devi is a lunatic, when her own mother is seriously resisting that petition and there are serious ..... the petition before the lower court. certainly, the locus standi depends upon the fact whether the respondents are relatives within the meaning of section 3(11) read with section 63 of the act.6. the court below directed its enquiry on two questions. the court below first made an enquiry as to the fact whether the petitioners ..... review, but that review was also dismissed by the court below. the present revision petitioner filed a revision before this court. this court observed that section 63 of the act has permitted only a relative of the lunatic to initiate proceedings for inquisition of the alleged lunatic. this court further said that the mother of indira .....
Tag this Judgment!Court : Kerala
Decided on : Jul-27-1989
Reported in : AIR1990Ker20
..... goods delivered was definitely less than the exact quantity contracted to be delivered his client was entitled to reject the entire goods as provided in section 31(1) of the sale of goods act. section 37(1) of the act is in the following terms :--'where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer ..... may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate.'even though it is true that section 37(1) of the act provides for rejection of the goods when the seller delivers to the buyer a quantity of goods less than what was contracted for, we find that the said ..... in bulk is unavoidable and trivial shortfall in quantity must be overlooked. if the difference is, however, substantial, the buyer would be, justified in resorting to section 37(1) of the sale of goods act.'15. we also find that the scope, purpose and effect of the 'de minimis rule' as applied to the law of sale of goods have been .....
Tag this Judgment!Court : Kerala
Decided on : Jul-26-1989
Reported in : 1989CriLJ2452
..... ends including the period of interval. this provision of the rule, if violated, is made punishable under section 10 of the kerala cinemas (regulation) act, 1958, hereinafter referred to as the act'. in view of this specific provision in the act, learned counsel submits that the action of petitioners in switching off the airconditioning unit can at best ..... of film censors, the exhibition of the film was held to be one not falling within the purview of section 292, i.p.c. i fail to understand how this decision will help the petitioners. the act and the rules enjoin them to commission the airconditioning system through out the show including the period of interval. ..... unit is switched off, the action of the petitioners will amount to cheating and they are liable for punishmen under section 420, i.p.c. learned counsel would contend that petitioners had not by any overs act disnonestly induced customers to purchase tickets by giving higher fare to have entry into the theatre. hence, it is .....
Tag this Judgment!Court : Kerala
Decided on : Jul-21-1989
Reported in : (1990)81CTR(Ker)239; [1990]181ITR271(Ker)
..... word 'income' is an inclusive definition. it is not exhaustive. it has a wide import. it has got a legal concept. the scheme of section 2(24) of the act, read with sections 4 and 10 of the act, seems to be that, given its ordinary and natural meaning, the word 'income' will take in any monetary return 'coming in'.4. it ..... or linked with the office, vocation or occupation. any amount received by an assessee by virtue of his profession, vocation or occupation will constitute income. section 10(3)(ii) of the act takes within its fold any receipts arising from the exercise of a profession or occupation in the total income. the receipts may be a casual or of ..... held that interest on arrears of rent payable in respect of land used for agricultural purposes is not agricultural incomewithin the definition of that phrase contained in section 2(1) of the indian income-tax act, 1922, and is not, therefore, exempt from income-tax. it is neither rent nor revenue derived from land.8. the receipts by the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-21-1989
Reported in : 1990ACJ898; AIR1990Ker96
..... , the power of punishing disobedience to it by commitment is impliedly conveyed by the enactment, for the power would be useless if it could not be enforced.'under section 110d of the motor vehicles act, there are no limitations on the powers of the appellate court and the entire case is open to review by the high court. in view of the ..... applicable and as such the power of the m.a.c.t. to allow amendment of pleadings in appropriate cases cannot be disputed. an appeal is provided under section 110d of the motor vehicles act to the high court against any award passed by the m.a.c.t. in other words, the appellate court can exercise all the powers of the ..... are, first, that the object of courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes (cropper v. smith, (1884) 26 ch d 700 (710-711) and secondly, that a party is strictly not entitled to rely on the statute of limitation when what is sought to be brought in .....
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