Court : Kerala
Decided on : Jul-27-2006
Reported in : II(2007)ACC120; 2007ACJ338; 2006(4)KarLJ63
..... the petrol tanker no. mkl 7461.in that case since negligence of the owner of motor vehicle was not proved, court awarded only compensation under section 92-a (equivalent to section 140 of present act). in this case taxi was driven by petitioner to workshop for repair and while repairing gas exploded due to pure accident. therefore, on the same ..... motor vehicle the taker had fallen on one of its sides on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that ..... the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment.37. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and circumstances of the present case .....
Tag this Judgment!Court : Kerala
Decided on : Feb-15-2006
Reported in : 2006CriLJ2702
..... 3 from the witness box is totally different from that of the prosecution version. even though the accused were initially charged for offences punishable under sections 3 and 5 of the explosive sub-stances act, 1908 also, when the final report was filed those offences were deleted. none of the persons who have witnessed the occurrence has been ..... sitting in the veranda of the shop of p. v. kumaran and engaged in a conversation. when he was about to reach the jeep stand he heard an explosion from the jeep stand and a jeep suddenly starting and proceeding towards thuvakkunnu. he also saw tharassiyal suni, tharassiyal pradeepan, kacheri suni, echilat chalil manu, kuniyal thankan, ..... and 537 of the code of criminal procedure 1898, which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with broad vision and look to the substance and not to technicalities, and their main concern should be to see whether the .....
Tag this Judgment!Court : Kerala
Decided on : Jan-15-2006
Reported in : 2006(3)KLT618
..... 3 from the, witness box is totally different from that of the prosecution version. even though the accused were initially charged for offences punishable under sections 3 & 5 of the explosive substances act, 1908 also, when the final report was filed those offences were deleted. none of the persons who have witnessed the occurrence has been questioned or ..... raised in the court below also. in state of andhra pradesh v. thakkidiram reddy and ors. : 1998crilj4035 , the apex court observed as follows:10. sub-section (1) of section 464 of the code of criminal procedure, 1973 ('code' for short) expressly provides that no finding, sentence or order by a court or competent jurisdiction shall be ..... and 537 of the code of criminal procedure, 1898, which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with broad vision and look to the substance and not to technicalities, and their main concern should be to see .....
Tag this Judgment!Court : Kerala
Decided on : Dec-21-2006
Reported in : (2007)IILLJ995Ker
..... . 26,971/- for the period from october 1990 to december 1998. the appellant paid those amounts later. proceedings were initiated on september 27, 1999 under section 39(5) of the act to realise interest on the contribution for the period from september 1, 1990 to december 31, 1998. challenging that order, the appellant filed i.c. no ..... however, while disposing of the o.p., a direction was issued that the petitioners in the o.p. may approach the employees' insurance court under section 75 of the employees state insurance act for appropriate reliefs against the notices impugned in the o.p. the e.s.i. corporation was directed to keep in abeyance all proceedings pursuant to ..... march 7, 1995. the contention raised by the appellant herein that hotels and restaurants do not fall within the purview of the definition of factory under section 2(12) of the employees state insurance act was repelled in the light of the decision of the supreme court in g.l. hotels limited v. t.c. sarin : (1994)iillj883sc .....
Tag this Judgment!Court : Kerala
Decided on : Dec-20-2006
Reported in : 2008(1)KLJ815
..... acquiring such land should not be allowed to take any advantage of such ignorance of the agriculturists. once an application is moved for making a reference under section 18 of the act it becomes the duty of the collector to send full information to the court regarding the entire land acquired and it is thereafter the duty of the court ..... making the reference the collector was required to state for the information of the court the particulars as mentioned in clauses (a) to (d) of sub-section (1) of section 19 of the act. thus it was the duty of the collector to mention not only the situation and extent of land but even particulars of any trees, buildings or standing ..... at the cost of the claimant....5. in ram kumar and ors. v. union of india and ors. : [1991]1scr649 , the supreme court held thus:under section 18 of the act the only requirement for the person interested who had not accepted the award was to move a written application to the collector requiring that the matter be referred for .....
Tag this Judgment!Court : Kerala
Decided on : Dec-18-2006
Reported in : 2007(1)KLT303; (2007)7VST293(Ker)
..... the proviso to article 304(b) of the constitution of india; nor was it subsequently assented to by the president of india. it is therefore contended that section 3(1) of the act is void for want of presidential assent. on facts we have already held that so far as these cases are concerned, imposition of levy of entry tax is ..... it is stated that entry tax collection does not indicate whether it was collected for vehicles alone or inclusive of goods and vehicles or after giving rebate as per section 4 of the act. it is stated that no figure has been shown for 1994-95 and 1995-96, the starting years. it is also pointed out that during 1996-97 ..... atiabari tea co. ltd. v. state of assam : [1961]1scr809 and automobile transport (rajasthan) ltd. v. state of rajasthan : [1963]1scr491 , it upheld the validity of section 3 of the entry tax act holding that if the tax imposed is compensatory or regulatory in nature it cannot be contended that it is violative of article 301 of the constitution of india .....
Tag this Judgment!Court : Kerala
Decided on : Dec-18-2006
Reported in : 2008(1)KLJ128
..... the proviso to article 304(b) of the constitution of india; nor was it subsequently assented to by the president of india. it is therefore contended that section 3(1) of the act is void for want of presidential assent. on facts we have already held that so far as these cases are concerned, imposition of levy of entry tax is ..... it is stated that entry tax collection does not indicate whether it was collected for vehicles alone or inclusive of goods and vehicles or after giving rebate as per section 4 of the act. it is stated that no figure has been shown for 1994-95 and 1995-96, the starting years. it is also pointed out that during 1996-97 ..... co. ltd. v. state of assam : [1961]1scr809 and automobile transport (rajasthan) ltd. v. state of rajasthan 0065/1962 : [1963]1scr491 , it upheld the validity of section 3 of the entry tax act holding that if the tax imposed is compensatory or regulatory in nature it cannot be contended that it is violative of article 301 of the constitution of india .....
Tag this Judgment!Court : Kerala
Decided on : Dec-15-2006
Reported in : 2008(1)KLJ253
..... defendant that there was an oral agreement on the date of ext. a1 itself, on the ground that such an oral agreement would be hit by section 92 of the evidence act since the terms of the oral agreement are inconsistent with the terms of ext. a1. it was held by the trial court that the fact that ..... question of law arising for consideration in this appeal is whether the court below has exercised the discretion properly under section 20 of the specific relief act on the admitted and proved facts of the case. the learned counsel for the respondent, on the other hand, contended that the appellate court has ..... learned counsel for the appellant submitted that the court below was not justified in upsetting the well considered judgment of the trial court and that the discretion under section 20 was improperly exercised in favour of the defendant. though no substantial question of law was raised in the memorandum of appeal, the learned counsel submitted that the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-13-2006
Reported in : 2008(1)KLJ238
..... from the hospital, sufficient to discharge the decree debt.7. counsel submits that the approach as above could not have been considered as authorised. he refers to proviso (5) to section 51 of the code of civil procedure, and submits the when the judgment debtor has or had since the date of the decree, means to pay the amount of the ..... orderm. ramachandran, j.1. section 51 of the code of civil procedure prescribes the procedure to be followed in execution of a decree. subject to the conditions and limitations prescribed, execution of a decree on .....
Tag this Judgment!Court : Kerala
Decided on : Dec-12-2006
Reported in : 2007(1)KLJ212; (2007)IILLJ661Ker
..... of the above mentioned provision has been elaborately considered by a division bench of this court in w.a. 1277/2003 with which we fully concur. section 39(4) of the e.s.i. act states that the contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period. regulation 31 of ..... 3 and p-5 notices.3. facts are undisputed. contention was raised that the date fixed for payment of esi contribution is not absolute going by section 39(4) of the e.s.i. act. reference was made to the expression 'ordinarily fall due'. further it was stated that insurance court held that though the two establishments of the applicant can ..... k.s. radhakrishnan, j.1. this appeal is preferred by the applicant in e.i.c. no. 22/2000. application was preferred under section 75 read with section 77 of the employees' state insurance act, 1948 seeking for a declaration that the assessment and demand of interest of rs. 89,599/- for the delayed payment of e.s.i, contribution for the .....
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