Court : Kerala
Decided on : Dec-08-2003
Reported in : 2004(2)KLT718
..... submitted that the tenant is not entitled to get eviction since he is only a 'deemed landlord' and therefore would not come within the definition of landlord under section 2(3) of act 2 of 1965. counsel also placed reliance on the decision of the apex court in quasim v. manoharlal sarma and ors., air 1981 sc 11 and contended ..... monthly rent of rs. 150/-. vasudev fell into arrears of rent. balkishan filed a suit for recovery of arrears of rent as well as for eviction under section 13(1)(a) of the act. later the principal landlord trust filed a suit for eviction against balkishan, the tenant for unlawful subletting. at that stage vasudev, subtenant raised two disputes (i) ..... is said to be merged, that is, sunk or drowned- in the greater. there is no quarrel regarding those propositions. in fact clause (d) of section 111 of transfer of property act says a lease of immovable property determines in case the interest of the lessee and the lessor in the whole of the property vested at the same time .....
Tag this Judgment!Court : Kerala
Decided on : Dec-05-2003
Reported in : 2004(2)KLT621
..... other. in fact they are expected to work together. even the statutory scheme indicates that the two have to function together. section 37 of the municipalities act and section 165 of the panchayat raj act contemplate constitution of joint committees. the two have to work in unison. resultantly, a common authority has been constituted for overseeing ..... local self government.15. there is another aspect of the matter. almost simultaneously with the enactment of the panchayat raj act, 1994 the legislature had enacted the kerala municipality act, 1994. in this enactment section 1(2) provides that the provisions extend 'to the whole of the state of kerala'. thus, it is clear ..... counsel for the parties. 4. on behalf of the petitioners mr. ramesh babu has contended that by virtue of the provisions contained in section 1(2), the provisions of the 1994 act did not apply to the areas, which are within the limits of the contonments, nagar panchayats, municipal councils, municipal corporations and the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-03-2003
Reported in : [2004(102)FLR273]; 2004(2)KLT126
..... of period of suspension under section 2(d) of the act. but there was an order passed by the management treating the period of suspension as break of service and that was not challenged by the employee, ..... period of suspension as period of service. when once it was treated as break in service it had to be presumed that he was out of service. section 3 of the act deals with the payment of subsistence allowance during the period of suspension. the suspension period has to be treated as in service, in view of the definition ..... marketing federation limited filed this o.p. challenging ext.p-1 order dated 13th november, 2002 passed by the deputy labour commissioner and authority under section 4 of the payment of subsistence allowance act, 1972.3. heard the learned counsel appearing for both sides.4. the main argument advanced by the learned counsel for the petitioner was that .....
Tag this Judgment!Court : Kerala
Decided on : Dec-02-2003
Reported in : 2004(1)KLT419
..... investigating officer that the petitioner/first accused made a confession statement on the basis of which mos.1 & 2 were recovered under exts.p3 and p5 under section 27 of the evidence act. i find absolutely no reason to throw overboard the evidence of the investigating officer and the attestors to the recovery mahazars that mos.1 and 2 were recovered ..... p2 seizure mahazar. pw.7 is an attestor to ext.p3 seizure mahazar under which mo.2 which was pledged by a1 after the incident was recovered under section 27 of the evidence act. pws.8 and 9 are doctors who had initially seen and treated pw. 1. ext.p4 is the wound certificate issued by pw.8 and p6 ..... from the possession of pw.6 to whom the second accused had handed over the same after the incident. recovery of mos.1 to 3 were made under section 27 of the evidence act. after completing the investigation charge sheet was filed by the police.3. both the accused persons denied the offence alleged against them. thereupon the prosecution examined .....
Tag this Judgment!Court : Kerala
Decided on : Dec-02-2003
Reported in : 2004(1)KLT195
..... the indiscretion and reverse the error or wrong committed by him.5. the reasoning of the learned appellate authority is not sound. section 11(4)(i) stipulates that if the tenant after the commencement of the act, without the consent of the landlord, transfers his right under the lease or sublets the entire building or any portion thereof if ..... control court, which in our view, by a wayward reasoning without properly understanding the meaning and scope of section 11(4)(i) of the act. appellate authority has first examined as to whether landlady had complied with the first proviso to section 11(4)(i), i.e. issuance of notice. we may extract the said proviso for easy reference.' ..... , j.1. landlady is the revision petitioner. eviction was sought for under sections 11(2)(b), 11(4)(i) and 11(4)(ii) of act 2 of 1965. rent control court allowed eviction under sections 11(2)(b) and 11(4)(i) and dismissed the claim under section 11(4)(ii). first respondent -tenant took up the matter in appeal before .....
Tag this Judgment!Court : Kerala
Decided on : Dec-01-2003
Reported in : 2004(1)KLT142
..... for special recruitment of scheduled castes/scheduied tribes candidates in the kerala geology subordinate service rules, 1987'. these rules were promulgated in exercise of the power under section 2(1) of the kerala public services act, 1968 'for special recruitment from candidates belonging to the scheduled castes/scheduled tribes against posts in the kerala geology subordinate service.' these rules relate to five ..... to the category of scheduled castes was not available for promotion to the posts of technical assistants. thus, the government had decided to make special rules as permissible under the act for recruitment to the various categories of posts including those of field assistants. since it was considered that raw graduates who were directly appointed as technical assistants shall not be .....
Tag this Judgment!Court : Kerala
Decided on : Nov-26-2003
Reported in : 2004(1)KLT327; [2006]143STC1(Ker)
..... learned counsel for the appellants has vehemently contended that the goods imported by the respondent fall within the definition of a motor vehicle as contemplated under section 2(28) of the kerala motor vehicles act. thus, the tax was validly levied and collected. he has placed reliance on the decision of their lordships of the supreme court in base ..... the concrete mixed with coal tar on the road, a motor vehicle so as to be exigible to the levy of tax under section 3 of the 'kerala tax on entry of goods into local areas act, 1994:' this is the short question that arises for consideration in this appeal. the learned single judge has answered this question ..... items were also entered. entry 21 was also added. it provides for the levy of tax on 'other machinery.' since section 2(j) adapts the definition of the motor vehicle as given in the 1988 act, the provision of section 2(28) may also be noticed. it reads thus:'motor vehicle' or 'vehicle' means any mechanically propelled vehicle adapted for .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2003
Reported in : AIR2004Ker133; 2004(1)KLT103
..... and ors., 1980 kit 560. in that case, the division bench held that an application for succession certificate shall be made by a petition only as provided under section 372 of the succession act and the fee for it is governed by schedule ii, article 11(1)(i) or (ii) ie., rs. 5/- or rs. 10/- depending on ..... to applications for a succession certificate. hence we have to find out whether ad valorem court-fee is payable to any proceedings under the succession act. .............' after noticing section 295 of the indian succession act which provides that contested probate proceedings are in the nature of suits, the full bench held that court fee payable in appeal is one ..... and quantum of court fee payable in an appeal filed under section 384 of the indian succession act, 1925 is the subject matter of this order.2. article 7 of schedule i of the kerala court fees and suits valuation act, 1959 (hereinafter referred to as 'the court fees act') deals with the payment of court fee when an application .....
Tag this Judgment!Court : Kerala
Decided on : Nov-21-2003
Reported in : 2004(1)KLT35
..... bye-laws of the association though bind the members, it's provisions have to pass the test of the provisions of the contract act. section 10 read with section 23 of the indian contract act specifically declares a contract void if it is opposed to public policy. the fact that the resolution got passed by majority of the ..... and it makes no difference whether the petitioner's application for membership to the welfare fund is routed through the respondent-association or not. section 15(1) of the welfare fund act makes it clear that in order to get membership and though not specifically stated to retain it an advocate has to be a member ..... with the enquiry instituted against the petitioner alleging indiscipline and misconduct for challenging the resolution as one amounting to criminal contempt of court under section 2(c) of the contempt of courts act. the respondents filed counter affidavit denying the allegations and praying for dismissal of the writ petition as, according to them, the writ .....
Tag this Judgment!Court : Kerala
Decided on : Nov-18-2003
Reported in : 2004(3)KLT270
..... need be looked into only when there is doubt with regard to the statutory provisions.20. whether a person is entitled to the immunity provided in section 64a of the act, being a person undergoing treatment for de-addiction, is a matter to be specifically urged and proved by production of sufficient evidence by the person ..... a psychotropic substance. therefore, the weight shall be with reference to the substance, as defined, whether it be natural substance or a preparation thereof. section 2(xx) of the act defines the term 'preparation' as follows:''preparation', in relation to a narcotic drug or psychotropic substance means any one or more such drugs or substances in ..... the offence will be one punishable with imprisonment, which may extend to ten years, under clause (b) or to twenty years under clause (c) of section 22 of the act, depending on the quantity involved, and are, therefore, triable by the special court and not by a magistrate. trial by magistrate will arise only for offences .....
Tag this Judgment!