Court : Kerala
Reported in : 1994(1)ALT(Cri)376; I(1994)DMC621
..... reciprocated and addressed arguments ably.2. there is no dispute that a family court has been established in respect of the area concerned. chapter iii of the family courts act, 1984 (for short 'the act') deals with jurisdiction. the effect of section 7(1) is to transpose jurisdiction to a family court in respect of all matters enumerated ..... civil court. sub-section (2) says that a family court shall also have the jurisdiction exercisable by a magistrate of first class under chapter ix of the code. section 8 of the act is entitled 'exclusion of jurisdiction and pending proceedings'. the languages used for ousting jurisdiction of magistrate is so unambiguous that there is no scope ..... has been established 'no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under chapter tx of the code.'3. an attempt was made to show that section 18 of the act protects the powers of regular courts to execute the orders. but a reading of that section shows that it only .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ1171
..... ) under section 41(1) only an empowered magistrate can issue warrant for the arrest or for the search in respect of offences punishable under chapter iv of the act etc., when he has reason to believe that such offences have been committed or such substances are kept or concealed in any building, conveyance or place. when such warrant for ..... in balabir singh's case are to be followed while considering the mandatory nature of section 50 vis a vis sections 41, 42 and 43. the decision in 1994 (6) jt sc 326 : (1994 air scw 4393), is therefore of no assistance to appellant.13. in the light of the principles enunciated in the foregoing paragraphs, the contention of learned counsel for ..... section 50 are to be complied with in a case of seizure and search of a person from a public place under section 43 of the act. para 17 of the judgment in balbir singh's, (1994 cri lj 3702) case deals with this aspect. the supreme court held that the language of section 50 is clear and the provision implicitly makes .....
Tag this Judgment!Court : Kerala
Reported in : [1996]219ITR33(Ker)
..... on the basis of a reference made by one of us (thulasidas j.) doubting the correctness of the decision reported in premier breweries v. dy. cit : [1994]207itr871(ker) and for an authoritative pronouncement on the subject. 2. these applications are filed under section 482 of the code of criminal procedure for quashing the criminal ..... income from various sources has been ' suppressed by the petitioner which will attract an offence punishable under sections 271(1)(c) and 277 of the income-tax act. 4. various grounds are taken up in the criminal miscellaneous cases. the main contention raised in the applications and pressed before us is that the basis for the ..... complaints filed by the second respondent alleging that the common petitioner has committed an offence punishable under sections 276c(1)(i) and 277(1) of the income-tax act, 1961. copy of the complaint is produced as annexure 'a' to these petitions. 3. the complaint is filed by the second respondent alleging that the accused, .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker121
..... the registration of the vehicle was not transferred to the first respondent is rather admitted. as per section 50 of the motor vehicles act. 1988 where the ownership of any motor vehicle registered under chapter iv of the act is transferred, the transferor shall in the case of a vehicle registered within the same state, within fourteen days of the transfer, ..... pleader submitted that the point raised is covered by various decisions of this court. counsel referred to the unreported judgments of the division bench in w.a. no. 1179 of 1994, w.a. no. 2417 of 2006, w.a. no. 41 of 2006 and also various other decisions.4. the fact that the review petitioner continued to be registered ..... been intimated to the registering authority and change effected. a division bench of this court in n.p.r. finance ltd. v. state of kerala 2000 (1) klt 591 interpreting section 9 of the kerala motor vehicles taxation act held that financier who is in control of the vehicle is liable to pay the amount due by way of .....
Tag this Judgment!Court : Kerala
Reported in : (1996)130CTR(Ker)412; [1996]217ITR555(Ker)
..... authority has held that there is no concealment at all and there is no case for levy of penalty under section 271(1)(c) of the income-tax act, 1961. so, the penalties have been cancelled and annexure-b is the order of the commissioner of income-tax (appeals).4. regarding the delay in filing the ..... reference passed by dhinakar j. in order to settle the apparent conflict between the decisions in premier breweries ltd. v. deputy cit : [1994]207itr871(ker) and vanaja textiles ltd. v. iac of i. t. : [1994]208itr602(ker) .2. the prosecution is launched by the respondent, the income-tax officer, b-ward, trivandrum, against the common petitioners alleging ..... that they have committed offences under sections 276c(1), 277, 276cc read with section 276b of the income-tax act, 1961. according to the prosecution, the assessee, who .....
Tag this Judgment!Court : Kerala
Reported in : (1994)IILLJ615Ker
..... was ordered that the management should consider the claims of sri. henry gomez for the post. this decision is under challenge in these appeals.4. rule 44a of chapter xiv(a) of k.e.r. prescribes the minimum service qualification for appointment as headmaster of a high school as 12 years of continuous graduate service with a pass ..... in the test in kerala education act and the kerala education rules and in account test (lower) conducted by the public service commission. fr. ephrem thomas did not have 12 years of continuous graduate service ..... ker 199) went into the question as to how the vacancy of headmaster is to be filled up. regard being had to the provisions contained in rule 44a of chapter xiv (a) of ker, the full bench took the view that when qualifications are prescribed for a promotion post, eligibility for appointment to that post has to be .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ3184
..... since this is not a case where the accused had died. according to counsel it is sub-sec (2) that is applicable which says that every other appeal under that chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant. this sub-section contains a proviso that where the appeal is against a ..... section 34, ipc. the trial court found the accused guilty of those offences and convicted them. the 3rd accused was released under section 4(1) of the probation of offenders act. all the other accused were sentenced to undergo imprisonment for one year apart from payment of fine. appeals were filed by the accused before sessions court, pathanamthitta. all the appeals .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker345; 2006(2)KLT560
..... but that the canons of that law demand a per capita division and not a division per stirpes. there is no warrant for this contention. in chapter vi of pandalay's succession and partition in marumakkathayam law there is a clear and full discussion as to the rule of division according to marumakkathayam law ..... islam, they continued to follow the marumakkathayam system of inheritance. under the same, as we have already noted, the tarawad properties were impartible. the mappilla marumakkattayam act (act xvii of 1939) was enacted in the year 1939. now, it applies to all muslims following the marumakkattayam law who are either domiciled in the state of kerala ..... major members of the tarwad. there was also provision to cancel such registrations. the last stage is the contribution of the 1958 amendment of the madras marumakkathayam act by the kerala legislature. now, any member of a malabar tarwad can claim individual partition and the consent of the common ancestress has been dispensed with. the .....
Tag this Judgment!Court : Kerala
Reported in : [1996]86CompCas399(Ker); 1996CriLJ3153
..... and the respondent is the complainant. complaints under section 138 of the negotiable instruments act, 1881 (for short, 'the act') are filed by the respondent against the petitioner and process was issued to him. the petitioner seeks to quash the complaints ..... will consider whether the respondent is a holder in due course. the term 'holder in due course' is defined under section 9 of the act as follows :'holder in due course means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque ..... 1. the prayer in the criminal miscellaneous cases is to quash c. c. nos. 971 of 1993, 974 of 1993 and 207 of 1994, pending before the judicial first class magistrate-iv, kozhikode. the petitioner in the criminal miscellaneous cases is the accused in all the three cases ..... file by the court below. accordingly, c. c. nos. 971 of 1993, 974 of 1993 and 207 of 1994 are quashed.9. the criminal miscellaneous cases are allowed as above. .....
Tag this Judgment!Court : Kerala
Reported in : [1998]233ITR216(Ker)
..... by the pawner.'therefore, the action of the department in seizing the jewels which represented undisclosed investment cannot be held to be illegal.8. chapter xiv-b of the income-tax act provides for special procedure for assessment of search cases. section 158be sets out time limit forcompletion of procedure for assessment. there is no assessment done ..... to understating of its interest income had concealed its real income as indicated below :(rs.) interest at 17% siphonedaway during the assessment years 1992-93 to 1994-9519,98,750 interest income siphoned away during current financial year up to 7-1-19972,53,395 unaccounted investment in gold loan business as on 7-1 ..... lending business. they have filed the above original petition challenging the order of the first respondent, authorised officer passed under section 132(1) of the income-tax act. they also prayed for a direction to return the gold ornaments and other articles seized under exhibit p-2 order.4. a search was conducted at the .....
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