Array ( [0] => ..... thomas p. joseph, j.1. the substantial question of law framed for a decision is whether section 7b of the indian telegraph (amendment) act, 1957 (for short, 'the act') which provides for arbitration of disputes concerning telegraph line, appliance or apparatus arising between the telegraph authority and the person for whose benefit ..... but to cover only disputes regarding telephone line, appliance or apparatus. the legislative intent is disclosed from the statement of objects and reasons for amendment of section 7 of the act where, it is stated,. a provision as to arbitration is also considered necessary for the settlement of disputes that may arise between the ..... and granting injunction against disconnection. respondents preferred appeal. learned sub judge held that the 'dispute' involved in the case came within section 7b of the act and hence the suit is not maintainable. accordingly appeal was allowed and the suit ended in a dismissal. learned sub judge observed that parties are at ..... [1] => ..... in such cases, proceedings are not normally initiated against offenders on complaints of individuals but on the basis of seizures effected by police officers. that explains the amendment/modification in the definition of known goonda in section 2(o). the fact of seizure of specified articles by the police officer in the presence of witnesses were ..... this definition in the light of the ordinance which preceded the present statute.9. human rights, freedom and personal liberty are the fundamental planks on which the indian legal system is built. the constitution accepts the same as fundamental values of the republic. it is definitely one of the basic axioms on which the mother ..... not to eliminate police witnesses from the proviso though complaints by police officers have been eliminated in the body of the section. this is a conscious legislative act. the same may not be undone by interpretation. when the language is plain, nothing may be added or taken away from the plain language employed by ..... [2] => ..... and fact of death of the marriage. though the apex court has repeated it many times, even now the legislature has not thought it fit to amend the law to incorporate irretrievable break down of marriage as a ground for divorce. the learned counsel for the appellant submits that irretrievable break down of marriage ..... in such gross injustice. eloquent communication of that message - that courts shall not mechanically and rigidly insist on ocular corroboration for matrimonial cruelty and that all acts of uncondoned physical cruelty will be accepted as sufficient ground for grant of a decree for divorce, we are certain will help the system and the law ..... to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. ..... [3] => ..... grant six months' time to bring out necessary amendment and also to make requisite rules for implementation of the act can be allowed. we do so.6. it shall be ensured by the government that the process of making the rules is ..... k. raveendranath, learned additional director general of prosecution further submits that the intention of the government is to bring about certain amendments as well to the act, which will enable the government to implement the act more effectively.5. keeping in view of the above aspects we are satisfied that the request now made by the government to ..... order compelling the 1st respondent to take immediate steps to fill up the post of the secretary of the advisory board under kerala anti-social activities (prevention) act from among the qualified and competent hands; ii. issue a writ of prohibition, any other writ or direction prohibiting the first respondent from giving extension of period ..... [4] => ..... judicial first class magistrate-ii, haripad against three accused alleging that they committed offences under sections 409, 420, 468, 471, 474 and 477a read with section 34 of indian penal code. the magistrate on receipt of the complaint sent it for investigation under section 156(3) of code of criminal procedure (hereinafter referred to as the code). ..... complaint.4. where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complaint filed before him and take action under ..... procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(b) though it is open to him to act under section 200 or section 202 also. the high court was, therefore, wrong in taking [the view that the second additional chief metropolitan magistrate was hot entitled ..... [5] => ..... any person who knowingly and wilfully makes, stocks or distributes counterfeit coins and currency or valuable security defined in section 30 of the indian penal code (central act 45 of 1860) and includes a person who knowingly abets any such activities. (g) 'depredator of environment' means a person who, by any ..... 'drug offender' means any person who illegally cultivates, manufactures, stocks, transports, sells or distributes any drug in contravention of the narcotic drugs and psychotropic substances act, 1985 (central act 61 of 1985) or in contravention of any other law for the time being in force, or who knowingly does anything abetting or facilitating any such activity ..... ; (l) 'hawala racketeer' means any person who illegally buys or sells or deals in indian currency or foreign currency under circumstances from which ..... [6] => ..... of a writ of habeas corpus. the prayer was to quash ext.pl to p3 and p5. but later, la. no. 4152/2009 was filed seeking to amend the writ petition by incorporating the prayer for issue of a writ of habeas corpus as well. but, significantly in the present writ petition no specific ground has ..... law enforcing authorities throw up their arms in desperation saying that a particular individual in a given area or locality cannot be controlled by the police force. the indian penal code and other relevant enactments should, under normal circumstances, take care of situations which may have a propensity to disturb the peaceful life of she local people ..... seeking release of her husband from preventive detention.2. the order of detention (ext.pl) issued under section 3(2) of the kerala anti social activities (prevention) act, 2007 was challenged by the petitioner in the earlier proceeding contending inter alia that the detaining authority had issued the order without any application of mind at all since ..... [7] => ..... careful safeguards. in many of the civilized nations of the world, such preventive detention is permitted only when there is external aggression or internal unrest. the indian constitution, with its zealous commitment to the cause of personal liberty and freedom., tolerates preventive detention but subject to very strict safeguards/proper application of mind by ..... have been interpreted, to require every material which is relevant having a bearing on the question as to whether a person should be detained under the act, be placed before the detaining authority, as the decision to detain a person is rendered by a detaining authority on his subjective satisfaction as to the ..... these questions arise for determination before us.2. the petitioner is the father of a detenu under section 3 of the kerala anti-social activities (prevention) act 2007 (hereinafter referred to as kaapa). there were three cases registered against him. though the incidents in those three cases occurred on 28/9/2005,16/ ..... [8] => ..... cit v. chemplast sanmar ltd. : (2009) 314 i.t.r. 231, which are rendered based on later amendment introduced to section 234b by finance act 2006 with effect from 1.4.2007. it is seen that corresponding amendment is made to section 234a also, so that credit available can be set off against liability to pay tax under section ..... previous year's assessment completed under section 115jaa against assessed tax for the purpose of determination of interest liability under section 234b and section 234c of the i.t. act. in fact, in the course of completion of assessment, the assessing officer allowed set off and worked the interest under sections 234b and c on the net ..... 140a along with return. even though amended provision which authorises set off of credit available under section 115jaa ..... [9] => ..... even if the materials produced in the case disclose commission of an offence under section 138 of the n.i. act by the accused in view of his conviction and sentence under section 417 ipc concurrently by the two inferior courts which cannot be sustained under law this court cannot in exercise of revisional jurisdiction modify/ ..... alter the conviction to section 138 of the n.i. act and convict him thereunder, according to the learned counsel for the ..... jurisdiction, this court has to examine whether the materials produced unerringly prove the guilt of the accused for the offence under section 138 of the n.i. act, the prosecution for which emanated from a private complaint filed by the first respondent and if so, in founding a conviction thereunder and passing appropriate sentence ..... ) Indian Boilers Amendment Act 2007 Section 10 Amendment of Section 9 - Court Kerala - Year 2009 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Court: kerala Year: 2009 Page 1 of about 84 results (0.184 seconds)

Nov 13 2009 (HC)

Subaida Ashraf Vs. District General Manager

Court : Kerala

Decided on : Nov-13-2009

Reported in : 2010(1)KLT193

..... thomas p. joseph, j.1. the substantial question of law framed for a decision is whether section 7b of the indian telegraph (amendment) act, 1957 (for short, 'the act') which provides for arbitration of disputes concerning telegraph line, appliance or apparatus arising between the telegraph authority and the person for whose benefit ..... but to cover only disputes regarding telephone line, appliance or apparatus. the legislative intent is disclosed from the statement of objects and reasons for amendment of section 7 of the act where, it is stated,. a provision as to arbitration is also considered necessary for the settlement of disputes that may arise between the ..... and granting injunction against disconnection. respondents preferred appeal. learned sub judge held that the 'dispute' involved in the case came within section 7b of the act and hence the suit is not maintainable. accordingly appeal was allowed and the suit ended in a dismissal. learned sub judge observed that parties are at .....

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Jun 18 2009 (HC)

Vinija Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jun-18-2009

Reported in : 2009CriLJ4555

..... in such cases, proceedings are not normally initiated against offenders on complaints of individuals but on the basis of seizures effected by police officers. that explains the amendment/modification in the definition of known goonda in section 2(o). the fact of seizure of specified articles by the police officer in the presence of witnesses were ..... this definition in the light of the ordinance which preceded the present statute.9. human rights, freedom and personal liberty are the fundamental planks on which the indian legal system is built. the constitution accepts the same as fundamental values of the republic. it is definitely one of the basic axioms on which the mother ..... not to eliminate police witnesses from the proviso though complaints by police officers have been eliminated in the body of the section. this is a conscious legislative act. the same may not be undone by interpretation. when the language is plain, nothing may be added or taken away from the plain language employed by .....

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Dec 10 2009 (HC)

Manoj Vs. Vidhya

Court : Kerala

Decided on : Dec-10-2009

Reported in : 2010(2)KLT305

..... and fact of death of the marriage. though the apex court has repeated it many times, even now the legislature has not thought it fit to amend the law to incorporate irretrievable break down of marriage as a ground for divorce. the learned counsel for the appellant submits that irretrievable break down of marriage ..... in such gross injustice. eloquent communication of that message - that courts shall not mechanically and rigidly insist on ocular corroboration for matrimonial cruelty and that all acts of uncondoned physical cruelty will be accepted as sufficient ground for grant of a decree for divorce, we are certain will help the system and the law ..... to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. .....

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Dec 02 2009 (HC)

M.K. Abdul Salim Vs. the State of Kerala and Sri Aboobacker Chengattu, ...

Court : Kerala

Decided on : Dec-02-2009

..... grant six months' time to bring out necessary amendment and also to make requisite rules for implementation of the act can be allowed. we do so.6. it shall be ensured by the government that the process of making the rules is ..... k. raveendranath, learned additional director general of prosecution further submits that the intention of the government is to bring about certain amendments as well to the act, which will enable the government to implement the act more effectively.5. keeping in view of the above aspects we are satisfied that the request now made by the government to ..... order compelling the 1st respondent to take immediate steps to fill up the post of the secretary of the advisory board under kerala anti-social activities (prevention) act from among the qualified and competent hands; ii. issue a writ of prohibition, any other writ or direction prohibiting the first respondent from giving extension of period .....

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Jan 23 2009 (HC)

Parameswaran Nair Vs. Surendran S/O Karuthkunju Panicker and anr.

Court : Kerala

Decided on : Jan-23-2009

Reported in : 2009CriLJ2762

..... judicial first class magistrate-ii, haripad against three accused alleging that they committed offences under sections 409, 420, 468, 471, 474 and 477a read with section 34 of indian penal code. the magistrate on receipt of the complaint sent it for investigation under section 156(3) of code of criminal procedure (hereinafter referred to as the code). ..... complaint.4. where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complaint filed before him and take action under ..... procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(b) though it is open to him to act under section 200 or section 202 also. the high court was, therefore, wrong in taking [the view that the second additional chief metropolitan magistrate was hot entitled .....

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Jul 27 2009 (HC)

Abdul Majeed Kalathil Vs. the District Collector,

Court : Kerala

Decided on : Jul-27-2009

Reported in : 2009(3)KLJ54

..... any person who knowingly and wilfully makes, stocks or distributes counterfeit coins and currency or valuable security defined in section 30 of the indian penal code (central act 45 of 1860) and includes a person who knowingly abets any such activities. (g) 'depredator of environment' means a person who, by any ..... 'drug offender' means any person who illegally cultivates, manufactures, stocks, transports, sells or distributes any drug in contravention of the narcotic drugs and psychotropic substances act, 1985 (central act 61 of 1985) or in contravention of any other law for the time being in force, or who knowingly does anything abetting or facilitating any such activity ..... ; (l) 'hawala racketeer' means any person who illegally buys or sells or deals in indian currency or foreign currency under circumstances from which .....

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Jun 08 2009 (HC)

Nisha Salim Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jun-08-2009

Reported in : 2009(2)KLJ561

..... of a writ of habeas corpus. the prayer was to quash ext.pl to p3 and p5. but later, la. no. 4152/2009 was filed seeking to amend the writ petition by incorporating the prayer for issue of a writ of habeas corpus as well. but, significantly in the present writ petition no specific ground has ..... law enforcing authorities throw up their arms in desperation saying that a particular individual in a given area or locality cannot be controlled by the police force. the indian penal code and other relevant enactments should, under normal circumstances, take care of situations which may have a propensity to disturb the peaceful life of she local people ..... seeking release of her husband from preventive detention.2. the order of detention (ext.pl) issued under section 3(2) of the kerala anti social activities (prevention) act, 2007 was challenged by the petitioner in the earlier proceeding contending inter alia that the detaining authority had issued the order without any application of mind at all since .....

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Jun 26 2009 (HC)

Philip Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jun-26-2009

Reported in : 2009(2)KLJ715

..... careful safeguards. in many of the civilized nations of the world, such preventive detention is permitted only when there is external aggression or internal unrest. the indian constitution, with its zealous commitment to the cause of personal liberty and freedom., tolerates preventive detention but subject to very strict safeguards/proper application of mind by ..... have been interpreted, to require every material which is relevant having a bearing on the question as to whether a person should be detained under the act, be placed before the detaining authority, as the decision to detain a person is rendered by a detaining authority on his subjective satisfaction as to the ..... these questions arise for determination before us.2. the petitioner is the father of a detenu under section 3 of the kerala anti-social activities (prevention) act 2007 (hereinafter referred to as kaapa). there were three cases registered against him. though the incidents in those three cases occurred on 28/9/2005,16/ .....

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Nov 18 2009 (HC)

The Commissioner of Income Tax Vs. Synthite Industrial Chemicals Ltd.

Court : Kerala

Decided on : Nov-18-2009

..... cit v. chemplast sanmar ltd. : (2009) 314 i.t.r. 231, which are rendered based on later amendment introduced to section 234b by finance act 2006 with effect from 1.4.2007. it is seen that corresponding amendment is made to section 234a also, so that credit available can be set off against liability to pay tax under section ..... previous year's assessment completed under section 115jaa against assessed tax for the purpose of determination of interest liability under section 234b and section 234c of the i.t. act. in fact, in the course of completion of assessment, the assessing officer allowed set off and worked the interest under sections 234b and c on the net ..... 140a along with return. even though amended provision which authorises set off of credit available under section 115jaa .....

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Jun 29 2009 (HC)

Prakasan V.J. Vs. Vasudevan and anr.

Court : Kerala

Decided on : Jun-29-2009

Reported in : 2009(2)KLJ679

..... even if the materials produced in the case disclose commission of an offence under section 138 of the n.i. act by the accused in view of his conviction and sentence under section 417 ipc concurrently by the two inferior courts which cannot be sustained under law this court cannot in exercise of revisional jurisdiction modify/ ..... alter the conviction to section 138 of the n.i. act and convict him thereunder, according to the learned counsel for the ..... jurisdiction, this court has to examine whether the materials produced unerringly prove the guilt of the accused for the offence under section 138 of the n.i. act, the prosecution for which emanated from a private complaint filed by the first respondent and if so, in founding a conviction thereunder and passing appropriate sentence .....

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