Court : Kerala
Reported in : II(1990)DMC247
..... whether the husband is the father of the son and in deciding that issue whether the conclusive presumption of paternity under section 112 of the evidence act on account of the subsistence of marriage is rebutted by proof of non-access during the period when the son could have been begotten. that was not an issue at all in ext ..... foreclose a contention of non-access even if that finding may have a ratiocinative value.6. the presumption under section 112 of the evidence act is applicable not only during the subsistence of the marriage, but also if the child is born within 280 days of the dissolution provided the mother remains unmarried. the only way of rebutting that ..... point of time near to the birth when the child could have been begotten, as to render the paternity impossible. unless it is shown that the parties to the marriage had no 'generating access' even the fact that the woman was living in open adultery will not rebut the presumption of legitimacy. in this case, all these conditions .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker181
..... between the rulers of cochin and travancore. the way had perhaps been paved for the passing of this measure by at least two statutory enactments. first, was the hindu succession act which by section 7 (1), made the interest of a member of a marumakka-thayam tarwad, a heritable interest, and by section 7 (3) provided for the ..... or the right to residence, if any, of the members of an undivided hindu family, other than persons who have become entitled to hold their shares separately, and any such right ..... place among all the members of that undivided hindu family as respects such property and as if each one of them is holding his or her share separately as full owner thereof: provided that nothing in this sub-section shall affect the right to maintenance or the right to marriage or funeral expenses out of the coparcenary property .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker9
..... (b) since the wife insists that she cannot continue the alliance, she must pay rupees 1,750/- to the husband; (c) necklace given by the husband at the time of marriage (without any details) should be returned and the husband should return a ring given by the wife (no details); (d) expenses that become necessary for divorce should be met by ..... is the authority. anything beyond that is unauthorised and not having the force of law except to the extent authorised by the arbitration act or any other law.5. there is no award on the question of dissolution of marriage. what the arbitrators did by making ext. a2 award was to take the following decisions:(a) rs. 7,001/- and a ..... by the respondent as part of ext. a1 agreement for arbitration, the maxi-mum that could be said is that the reference was whether the marriage is to be dissolved or not and nothing else. whether marriage has to be dissolved or not is not an arbitrable dispute. if it is not by consent of parties, divorce can be effected only .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker135
..... on, have changed since the passing by parliament of the medical and toilet preparations (excise duties) act, 1955, central act xvi of 1955, which came into force with effect from 1-4-1957.according to the petitioner, the said act provides for the levy and collection of duties of excise on medicinal and toilet preparations containing alcohol, ..... the provisions contained in the travancore abkari act and the rules, stand abrogated or repealed by virtue of section 21 of the central act, 16 of 1955.16. i will first take up for consideration, central act 16 of 1955. the act itself is called, the medicinal and toilet preparations (excise duties) act, 1955, and it has come into force ..... other commodities, in which case it may operate in respect of various other matters which will not come into conflict with the provisions of either central act 16 of 1955 or the rules framed thereunder. in my view, that decision of the andhra pradesh high, court will not assist the learned advocate general, because i .....
Tag this Judgment!Court : Kerala
Reported in : [2010]187TAXMAN1(Ker)
..... deduction of tax at source and remittance of the same to the government account.2. petitioner is a society established under the travancore cochin societies registration act, 1955. it is managed by a board wpc. 10316/2008 nominated by the government of kerala and it is set up with the objective of development of ..... 'compensation' or 'enhanced compensation' are concepts which are drawn by the legislature bearing in mind the meaning it has come to acquire under the land acquisition act. in other words, the word 'compensation' must mean compensation which is given under an award passed by the appropriate collector and the words 'enhanced compensation' ..... that 'compulsory purchase' is only another and equivalent expression for 'compulsory acquisition'. this is not correct. the term 'compulsory purchasers not defined in the electricity act. we must, therefore, consider its meaning as commonly understood in this country. lord morton of henryton in hudson's 36 tax case 28 gave his dissenting .....
Tag this Judgment!Court : Kerala
Reported in : (2006)ILLJ521Ker
..... of section 5(1)(a)(i) of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (for short 'working journalists act') be read down and disciplinary action mentioned in the sub-section be considered to mean only disciplinary action for riotous or ..... sunday rest, leave, provident fund and gratuity. following the report of the press commission, parliament passed the working journalists act, 1955 which enabled the application of the industrial disputes act, 1947 to working journalists. parliament had discussed the matter including the recommendation made by the press commission. later government introduced ..... hence separate enactment called working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 was enacted. working journalists have been dealt with in chapter ii of the said act. chapter ii-a deals with non-journalist newspaper employees. sections 3 to 13-aa apply exclusively .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker90
..... the absence of special circumstances, to call for any security from her. see yamuna bai v. padmanabhan acharier, ilr (1955) trav-co 1019 (d). the hindu succession act 1936 has now revolutionised the position in favour of the widow and other limited estate holders, by the abolition of such estate and their conversion into absolute ..... least be imposed upon the first respondent in safeguard of the appellant's rights till separate action by her. but it has to be remembered that even while the hindu widow could claim only a limited estate under law in property of her husband, the succession certificate court had been held not entitled, at any rate, in ..... not a case where the succession certificate should have been granted unconditionally. the court below, it is true, felt itself not called upon to decide the question under hindu law as to whether the widow has really a right to a share .in south india or in cochin and travancore-but it clearly was not impressed that the .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT653
..... properties attached to the office of patel and by rule of primogeniture became impartible. after the abolition of the watan under the merged territories miscellaneous alienation abolition act, 1955 and after regrant in the name of defendants, it was claimed as their exclusive property and mutation was effected in their name. when the other members of ..... male children of the deceased to make any such declaration of hostile animus as the parties were under the impression that the female children who have been given in marriage after the payment of sthreedhanam are not entitled for share in the property, of the parents. in arundhathi misra v. sri ram charithra pandey : (1994) ..... statement. the relevant portion of the pleadings read as follows:'from the date of death of the father in 1956 and at least from the date of the marriage of the plaintiff in 1960, the defendant had been in exclusive possession of the plaint 'a' schedule properties, asserting absolute title to them to the knowledge of .....
Tag this Judgment!Court : Kerala
Reported in : 1994CriLJ2564
..... pending such production.explanation: 'appropriate court' in this sub-clause shall mean such court as is specified in or under the essential commodities act, 1955 in which proceedings would lie for contravention of the provisions of this order.(2) the provisions of the code of criminal procedure, 1898 (central ..... if the petitioner had contravened with any of the provisions of the kerala cement distribution control order, 1974 or any of the provisions of the essential commodities act, it is perfectly open for the respondents to initiate appropriate proceedings against the petitioner for violation of any law or the conditions of the licence. no such ..... 1974. since the respondents have not satisfied me that there is any valid proceedings initiated against the petitioner, for violation of any provisions of the essential commodities act, cement distribution control order, 1974 or the violation of the conditions of the licence issued to him, i declare that the petitioner is entitled to get the .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT791
..... mr. ramnath strenuously contended that the moment the plaintiff acquired canadian citizenship, he ceased to be an indian citizen by force of section 9 of the citizenship act, 1955. section 9 says that if any citizen of india who by naturalisation, registration or otherwise voluntarily acquires or has at any time between the 26th january, ..... plaint schedule building occupied by the defendants.6. the defendants filed a written statement with a counterclaim. in the written statement, it is stated that the marriage of the 3rd defendant with a canadian citizen was conducted at the instance of the plaintiff. it is also stated that the plaintiff wanted the relationship of ..... plaintiff used to pay lavishly. the relationship with the plaintiff and defendants went on very cordial. in 1992, the marriage of the 3rd defendant took place with a canadian citizen. the entire expenses of the marriage were met by the plaintiff. however, from 1996 onwards there was a change in the attitude of the defendants .....
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