Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Dec-17-2014
..... apex court was in respect of the petitions filed under s. 163 a. it is also pertinent to note that the requirement to amend the 2nd schedule was stressed in view of the present cost of living. the judgments relied on by the insurance company were in ..... of 2014 9 considering various aspects relating to the history, enactment, various issues and case laws hitherto and pointing out the requirement of amendment to the 2nd schedule in view of the enormous rise in cost of living index, the apex court in para 56 held as follows ..... 000/- in respect of accidents occurred after 14-11-1988, the date on which s.140a of the motor vehicles act was amended. in that case, rs. 35,000/- was the amount awarded by the andhra pradesh high court. this court, ..... , we direct the central government to do so immediately. till such amendment is made by the central government in exercise of power vested under sub-section (3) of s. 163 a of act, 1988 or amendment is made by the parliament, we hold and direct that for children .....
Tag this Judgment!Court : Kerala
Decided on : Feb-21-2014
..... any cr.mc.nos.5651/13&1041/14 6 authority.8. though section 14 of the sarfaesi act was amended by amendment act 1 of 2013, which came into force from 4.1.2013, there is no change made by the amendment to section 14(1) of the sarfaesi act.9. it is true that, in section 14 it has been mentioned that, the application has ..... banks have filed applications before the respective chief judicial magistrate courts namely kottayam and palghat for enforcing their secured interest invoking section 14 of the sarfaesi act. section 14 of the sarfaesi act (as stood prior to amendment) reads as follows:14. chief metropolitan magistrate or district magistrate to assist secured creditor in taking possession of secured asset:-(1) where the possession of .....
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Decided on : May-20-2014
..... remitted to the river management fund. (7) the confiscation under this section shall be in addition to the penalty provided for the offence under this act." 4. indisputably, the crime occurred after the amendment of the act. learned counsel for the petitioner submits that in view of the statutory provision mentioned above, the order passed by the learned magistrate is onerous to the ..... for the petitioner and the learned public prosecutor.3. the learned counsel for the petitioner submitted that the kerala protection of river banks and regulation of removal of sand act, 2001 has been amended by act, 15 of crl.m.c.no.2664/2014. 2 2013 with effect from 25.11.2012. as per the ..... amendment section 23 has been substituted and a new section has been added to the parent act as section 23a. it reads as follows: "s.23a. confiscation of sand, vehicles, etc:- (1) where any property is seized under section 23, the officer seizing .....
Tag this Judgment!Court : Kerala
Decided on : Jul-08-2014
..... state legislature. making of such rules following due procedure is, therefore, sine qua non for the opwt23/14 -:4. :- tribunal to act in terms of the amendments brought in as per the amending act as regards its composition. this is so, though the rule of laying noted here does not prescribe the prior approval of the state ..... another from persons having knowledge of muslim law and jurisprudence. the three sources are more particularly described in the act as amended. 5.as per sub-section 4a introduced through the aforenoted substitution as per the amending act, the terms and conditions of appointment, including the salaries and allowances payable to the chairman and other members other ..... in charge of the tribunal to discharge all functions and powers of the tribunal in terms of the provisions of the act. see - abdulla shahul hameed v. state of kerala [2012 (3) klt324. 9.the amending act has changed only the composition opwt23/14 -:10. :- of the tribunal as provided in sub-section 4 of section .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Jan-07-2014
..... the company which is just and fair, as provided under rule 23(h) of the new india assurance co.ltd. (conduct, discipline and appeal) rules, 2003 as amended up to date.18. the disciplinary authority has dealt with the issue in abject levity and merely concurred with the findings of the enquiry officer without at all, dealing ..... as to whether the cda rules either of 1975 or of 2003 is framed invoking the powers under section 39. act of 1972 was one enacted to provide for the acquisition and transfer of shares of indian insurance companies and undertakings of other existing insurers to serve better the economy and public interest by securing the development of ..... vs. ashok kumar prasad (air2010sc259 dealing with bihar agricultural univeresities act, 1987 and section 36 of the said act laying down steps for making or amending a statute, the apex court has observed at para 9 that, if the act lays down the manner in which a statute under the act should be made. it shall have to be made in .....
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