Court : Kerala
Reported in : 1968CriLJ1424
..... to punish, would be where an apology is made to the satisfaction of the court. this is recognized by statute -- see the first proviso to section 4 of the contempt of courts act there might be other circumstances such as lack of intention, or want of knowledge of the contents of a statement published, that might induce the court ..... a sentence and if so what the stntence should be.8. with regard to none of these questions is there any statutory guidance excepting that section 4 of the contempt of courts act 1952 lays down a limit of punishment and says that the accused may be discharged or the punishment awarded remitted on apology being made to ..... of the offence charged. what constitutes a contempt of court, and do the facts proved make out that offenre? the second, analogous to the question raised in provisions like sections 476 and 479 of the criminal procedure code, is whether, having regard to all the circumstances, it is expedient in the public interest -- as observed in mc. leod v. st .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker19
..... 15. valuation. 250 fanams or rs. 35.10 p being the otti amount charged on the schedule property. court fee is paid thereon under clause 3 of section 4 of me court foes act. reliefs. therefore the plaintiff prays for the following reliefs :-- 1. the plaintiff may be put in possession of the schedule property after recovering possession thereof from ..... amendment of the kind prayed for can, when sought for the first time, be allowed in second appeal. in a second appeal this court acts under the restrictions placed on its power by section 100 of the civil procedure code, and it is little use pointing out that amendments of a more drastic character have been allowed by the supreme court ..... the successors in title of an assignee of the otti. regarded as such a suit it is not disputed that it is barred by limitation under article 148 of the act of 1908. 4. defendants 1 and 2, who alone contested the suit, denied that they were holding the property under the otti and claimed paramount title. but .....
Tag this Judgment!Court : Kerala
Reported in : (1968)IILLJ473Ker
..... is whether the work done in the premises of the petitioner, viz., peeling, washing, cleaning, etc., of the prawns, is a 'manufacturing process' coming within section 2(k) of the factories act. under section 2(k) 'manufacturing process' is defined, inter alia as any process for making, altering, repairing, ornamenting, finishing, packing, oiling washing, cleaning, breaking up, ..... factory in the other case. he has been sentenced to pay a fine of rs. 20 in each case. he has also been directed under section 102 of the factories act to rectify the defects within a specified period.3. in revision, the counsel, of the petitioner has contended that no manufacturing process is being carried ..... is the same; and the result of the second case will follow the result of the first case.2. the petitioner has been convicted under section 92 of the factories act for using a building as a factory without obtaining the previous permission in writing of the chief inspector of factories, for failing to apply for .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker69
..... real explanation for the seeming discrimination is, we think, to be found elsewhere. perhaps there is a hint of it in this rather cryptic passage in the finance minister's speech.'in view of differences in urban property values in towns of different sizes. i have decided to provide for different exemption limits according as the ..... possible into the industrial field so as to encourage the growth of industrial enterprises in the country. reference has been made to the speech made by the finance minister when introducing the bill in parliament. he then explained the object of the legislation in these words:'honourable members would recall that earlier in my speech ..... taxes on the capital of companies.' and the law that actually imposes the tax is the charging section of the act, namely, section 3 which says that a tax called wealth-tax shall be charged in accordance with the provisions of the act in respect of the net wealth of every individual. hindu undivided family, and company at the .....
Tag this Judgment!Court : Kerala
Reported in : [1969]71ITR114(Ker)
..... taxes on the capital of companies.' and the law that actually imposed the tax is the charging section of the act, namely, section 3, which says that a tax called wealth-tax shall be charged in accordance with the provisions of the act in respect of the net wealth of every individual, hindu undivided family, and company at the rates ..... as possible into the industrial field so as to encourage the growth of industrial enterprises in the country. reference has been made to the speech made by the finance minister when introducing the bill in parliament. he then explained the object of the legislation in these words :'honourable members would recall that earlier in my speech ..... real explanation for the seeming discrimination is we think to be found elsewhere. perhaps there is a hint of it in this rather cryptic passage in the finance ministers speech.'in view of difference in urban property value in towns of different sizes, i have decided to provide for different exemption limits according as the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker130
..... it is useful to extract the section because we are unable to see any difference in substance between the wording of thatsection and the wording ..... the state legislature brought into operation, on 1-7-1963, the act. we may refer to the decision of the patna high court in atma ram budhia v. state of bihar, air 1952 pat 359 (sb) which dealt with the bihar finance act, (17 of 1950), particularly section 12 thereof, which imposed an identical tax on passengers and goods. ..... an insistence without the backing of law. in answer to this contention counsel for the state has urged that provision has been made though not expressly by sections in the act by the necessary intendment thereof, that the passengers and the owners of the goods should pay the amount of the tax to the operators, and that factually .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker232
..... , somnath lyer, j. observed:'it is, in my opinion, indisputable that a person disobeys an injunction not only if he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. there is as much disobedience in the one case as in the other.it is not easy to .....
Tag this Judgment!Court : Kerala
Reported in : 1969CriLJ486
..... against the appellant and made it returnable on 2-5-1949. that clearly shows that the magistrate took cognizance of the offence only on that day and acted under section 190, criminal procedure code.' in narayandas bhagwandas v. state of west bengal, air 1959 sc 1118 and in gopaldas v. state of assam, air 1961 sc 986 ..... of the constitution. adverting to the above contentions, our learned brother said:-- 'it is this power conferred on the magistrates that is protected under section 119 of the act and in view of that, it is argued that the rule is ultra vires and cannot have any binding force. it is also argued that ..... complaints, which the executive officer of nediyiruppu panchayat filed before the sub-divisional magistrate, malapuram, against two persons for failure to take out licences under section 96 of the act for conducting their respective trades within that panchayat. the learned magistrate took cognizance of the offence, tried the cases and convicted and sentenced both the accused .....
Tag this Judgment!Court : Kerala
Reported in : 1969CriLJ818
..... intercourse by inserting the male organ between the thighs of another is an unnatural offence. in this connection, it may be noted that the act in section 376 is 'sexual inter, course' and the act in section 377 is carnal intercourse against the order of nature.'22. the position in english law on this question has been brought to my notice. ..... respondents may be govindan nair or kannan nair. the counsel argues that since it is not dearly established as to who had the sexual act with penetration, neither of the respondents can be convicted under section 376. i do not see any force in this argument. the evidence is fairly clear that govindan nair had sexual intercourse and that ..... bestiality; and that the words used in the penal code were very aim pie and died enough to include all acts against the order of nature. my view on the question is also that the words of section 377 are simple and wide enough to include any carnal intercourse again tithe order of nature within its ambit. committing .....
Tag this Judgment!Court : Kerala
Reported in : (1969)ILLJ56Ker
ordert.c. raghavan, j.1. the petitioner has been convicted by the industrial tribunal and special first class magistrate (for labour laws), alleppey, under section 22a of the minimum wages act for failure to submit a return in form iii prescribed by the kerala minimum wages rules and sentenced to pay a fine of rs. 25, the petitioner admitted before the .....
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