Court : Kerala
Decided on : Oct-17-2003
Reported in : 2004(2)KLT499
..... to delay the proceedings. in other words, according to him, the court cannot refuse to examine the witness on any other ground other than (that are mentioned in section 94 of the act).(iii) o.xxi, rule 16 of the code of civil procedure empowers the court to issue summons on any party.3. as regards the first contention that the ..... petition cannot be given the position as a defendant for the purpose of summoning him as a witness in the case.(ii) as per the proviso to section 94 of the panchayat raj act, the court has the discretion to refuse for reasons to be recorded in writing to examine any witness only if it is of the opinion that ..... is also made a party as the third respondent in the proceedings.2. the learned counsel for the petitioner raised the following contentions:(i) as per section 90 of the panchayat raj act, the returning officer or the assistant returning officer is not a party required to be joined as respondent and hence the assistant returning officer though impleaded as .....
Tag this Judgment!Court : Kerala
Decided on : Oct-15-2003
Reported in : I(2004)ACC622; II(2004)ACC666; 2004ACJ514; AIR2004Ker162; 2004(1)KLT1
..... a separate forum is constituted and the process of adjudication is simplified.19. in an application for compensation before the motor accidents claims tribunal filed under section 166 of the act, the primary questions to be decided are (1) has the accident occurred resulting in death or bodily injury to persons or damage to the property ..... would enable parties to seek relief for compensation in ordinary courts in regard to accidents arising out of the use of motor vehicles and entrusted under section 110 of the act with the motor accidents claims tribunals'. it was further observed by the division bench that 'the intention of the legislature......... is to ensure that ..... of the certificate of registration, if the financier has taken possession of the vehicle due to default of the registered owner. the provisions contained in section 51 of the act clearly show that the financier does not have any absolute right over the vehicle. the rights which accrue from the agreement are only subject to .....
Tag this Judgment!Court : Kerala
Decided on : Oct-13-2003
Reported in : I(2005)BC69; 2003(3)KLT1169
..... additional respondent.2. the petitioners' contention is that though notaries appointed only for part of the country or for part of the state, under section 3 of the notaries act 1952 limits only their jurisdiction of functioning but does not affect their right to render service to any client approaching them but living outside the territorial ..... limits of the notary. according to petitioners section 8 of the act does not impose restriction in regard to any client but it only says that every notary should function within the territory within which he is allowed ..... the area where the notary is authorised to practice. in this context it is pertinent to note the functions of the notary which are contained in section 8 of the notaries act which are as follows:-'(a) verify, authenticate, certify or attest the execution of any instrument;(b) present any promissory note, hundi or bill of .....
Tag this Judgment!Court : Kerala
Decided on : Oct-10-2003
Reported in : AIR2004Ker16; 2003(3)KLT999
..... was in possession of one such property will the limited interest of the daughter get enlarged to full right after the commencement of the hindu succession act under section 14(1) of the act?2. if the answer to the first question is in the affirmative is not the reasoning of the courts below that the assignment of property by ..... be had without any departure therefrom. tulsamma case obviously having this in mind decided the issue and attributed the widest possible connotation to the words used in section 14(1) of the act of 1956'.in mulla's principles of hindu law, eighteenth edition, at page 146, it is stated as follows:'the daughter takes a limited interest in ..... hindu law and submitted that females succeeding as heirs, whether to a male or female, took limited estate in the property. reference was also made to section 26(2) of the act and submitted that a female should succeed as a heir and become a limited owner of the property and thereafter continue to possess the property and upon .....
Tag this Judgment!Court : Kerala
Decided on : Oct-10-2003
Reported in : 2004(2)KLT627
..... third respondent reached the college and averted untoward incidents. based on the incident on 16th july 2003, crime no. 244 of 2003 was registered against respondents 5 to 8 under sections 342, 506(i), 427 and 34 i.p.c. it is stated that the third respondent was a witness to the abuse of the principal by the students in ..... . respondents 5 to 9 are students of the college and respondent no. 10 is a former student of the college.2. according to the averments in the petition a section of the students has been creating disturbance to the smooth running of the college. respondents 5 to 10 have been organising strike and violent activities inside the college premises. they ..... and released on bail and crime no. 237 of 2003 was registered by the additional sub inspector of police, pandalam on 11th july 2003 under sections 143, 147, 342, 506(i), 294(b) read with section 149 i.p.c. against respondents 5,6 and 10. on getting report about the incident of harassment of the petitioner by the students on .....
Tag this Judgment!Court : Kerala
Decided on : Oct-08-2003
Reported in : 2004(1)KLT212
orderk.s. radhakrishnan, j.1. tenant is the revision petitioner. eviction was sought for under section 11(2)(b) and 11(3) of act 2 of 1965.2. petitioner-landlord is the owner of the petition schedule building which was rented out to the tenant on 22.6.1995 on a monthly rent of ..... bonafide need existed does not mean that there is no bonafide in the need urged for evicting another tenanted premises. even if the above facts were proved the claim under section 11(3) cannot be defeated if the plea is bonafide.4. we also notice while the appeal was pending before the appellate authority, tenant filed i.a. no 2312 of ..... another property and rented it out to another tenant by itself is not a ground to hold that there is no bonafide. plea, of bonafide could still be sustained under section 11 (3) if the need is genuine.5. in the instant case, we are not prepared to say that selling of one of the tenantedbuildings to the tenant concerned and .....
Tag this Judgment!Court : Kerala
Decided on : Oct-07-2003
Reported in : 2003(2)ALT(Cri)436; 2004(1)KLT122
..... case in which after completing the investigation of the crime final report was filed in the sessions court, kasaragod alleging commission of offences punishable under section 3(1)(xi) of the act and sections 354 and 341 of the indian penal code. the submission made by the learned counsel appearing for the appellants is that the special court can ..... service. in binoy's case (supra) a learned judge of this court was considering the ingredients to be established to prove that an offence under section 3(1)(x) of the act was committed. in that decision this court said that it has to be established that there was intention to humiliate a member of scheduled caste or ..... of the place of occurrence. on 20.4.1996 he sent a report to court stating that during investigation it was revealed that the offence punishable under section 3(1)(xi) of the act was also committed. pw11, the circle inspector of police, neeleswaram took up the investigation of the crime. on completing the investigation of the crime, .....
Tag this Judgment!Court : Kerala
Decided on : Oct-01-2003
Reported in : 2004(2)KLT227
..... mineral which the central government may, by notification in the official gazette, declare to be a minor mineral.'2. in exercise of the powers conferred under section 3(e) of the act, the central government declared the following as minor minerals:'(a) boulder, shingle, chalaceony, pebbles used for ball mill purposes only, lime shell, kankar and ..... no. m.ii-1 (1)/63 dated 10th february 1965).(d) saltpetre is a minor mineral (government of india's notification dated 28th january 1967).'section 15 of the act empowers the state governments to make rules in respect of minor minerals by notification in the official gazette. it also provides that the state government shall ..... concession rules framed by the state government.- the provisions of the minor mineral concession rules or any other rules framed by the state government under section 15 of the act shall be applicable to granite quarry leases to the extent they are not repugnant to or inconsistent with these rules.'that also shows that the .....
Tag this Judgment!Court : Kerala
Decided on : Sep-27-2003
Reported in : 2006(4)KLT604
..... seems to be clear that the words application, complaint and petition are neither inter-changeable nor have the same meaning or import. a complaint under section 142 of the negotiable instruments act is not the same as an application. it is neither a petition nor the person making it a petitioner. the period prescribed for filing a ..... khadeeja 1995 (1) klt 350. the facts of the case aforesaid would, however, reveal that the petitioner in that case filed a complaint under section 138 of the n.i. act beyond the period of limitation and sought to condone the delay of 15 days to file the same on the ground that he was hospitalized at ..... case has not made any progress from the date of institution of the same.2. when the petitioner filed a complaint under section 138 of the negotiable instruments act, hereinafter referred to as 'n.i. act', before the chief judicial magistrate, kottayam, the same was admittedly within limitation. the first respondent entered appearance and contested the jurisdiction .....
Tag this Judgment!Court : Kerala
Decided on : Sep-26-2003
Reported in : [2006]146STC499(Ker)
..... which would weigh in construing a provision providing for payment of interest on unpaid amount of tax which ought to have been paid. section 3, read with section 5 of the act, is the charging provision whereas the rest of the provisions provide the machinery for the levy and collection of the tax. in order ..... 2003. the government pleader accordingly submitted that penalty was rightly imposed and that the learned single judge was also justified in sustaining the penalty under section 45aa of the act. the government pleader further submitted that the learned single judge had exercised the discretionary jurisdiction vested in the assessing authority and had limited the ..... before march 31, 2002 which amounted to contravention of the provisions of rule 21(7) of the rules, the assessing authority initiated proceedings under section 45a of the act for imposition of penalty. the explanation of the appellant before the assessing authority was that the appellant had remitted the tax due for the month .....
Tag this Judgment!