Court : Kerala
Decided on : Jul-04-2014
..... by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, ..... op(fc) no.309/2014 5 7. sub-section (1) of section 13b of the act is applicable to marriages solemnised before or after commencement of the amendment to the act by act 68 of 1976 (w.e.f. 27.05.1976). on a careful scrutiny of sub- section ..... agreed in the mediation settlement agreement, the petitioner and the respondent jointly filed a petition for divorce under section 13b of the act before the family court, thrissur. a copy of the petition is produced and marked as ext.p1. ext.p2 is the ..... (1) of section 13b of the act, it can be seen that the cause of action .....
Tag this Judgment!Court : Kerala
Decided on : Dec-09-2014
..... would be entitled to arrest the accused and carry on investigation as if he is a police officer he hope that parliament would take appropriate measure to suitably amend the law in the near future".27. in the decision reported in jamiruddin ansari v. central bureau of investigation (2009 (6) scc316, while construing the ..... .231/2012 as against the first petitioner. the case of the petitioners is that after the coming into force the food safety and standard act, the general provisions in the indian penal code regarding the same subject matter is impliedly repealed and they cannot be dealt with under both the enactments. further different procedure and ..... to cause death.21. section 6 of the general clauses act deals with the effect of repeal of act making textual amendment in act or regulation which reads as follows:6. effect of repeal:- where this act, or any [central act} or regulation made after the commencement of this act repeals any enactment hitherto made or hereafter to be made, then .....
Tag this Judgment!Court : Kerala
Decided on : Feb-18-2014
..... , and after enquiring into the facts and circumstances in such manner as it may deem fit, shall within thirty days of the date of the receipt of such representation, annul, amend or confirm the order, either in part or in full. (3) the government or the authority which issued the order under sub-section (1) may, on its own motion, ..... any in kerala, that he is indulging in or about to indulge in or likely to indulge in anti-social activities and with a view to prevent him from so acting at any place within the jurisdiction of such magistrate or officer, may make an order, - (a) directing that, except insofar as he may be permitted by the conditions made ..... judgment k.t.sankaran, j.the question of law involved in this writ petition is whether an order of detention under section 3 of the kerala anti-social activities (prevention) act, 2007 (hereinafter referred to as the kaapa) can be issued without recourse to passing an order under section 15 of the kaapa.2. anwar, the son of the petitioner, .....
Tag this Judgment!Court : Kerala
Decided on : Sep-02-2014
..... stated differently, dishonour of a cheque was conceived as a civil wrong at the time when the ni act was enacted. later, section 138 and other affiliated provisions were inserted in the ni act by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 with effect from 01.04.1989. now it becomes, therefore, a necessity to find ..... the contracting party must be of the age of majority according to the law to which he is subject. it is provided by section 3 of the indian majority act, 1875 that all persons domiciled in india shall attain the age of majority on his completing the age of eighteen years and not before. it can ..... principle of law in the said section, it should be seen that the petitioner issued the cheque in discharge of a legally enforceable debt. section 68 of the indian contract act is excerpted hereunder for clarity: "claim for necessaries supplied to person crl.mc nos.3805, 3806 & 3807/2013 12 incapable of contracting, or on his account .....
Tag this Judgment!Court : Kerala
Decided on : Nov-17-2014
..... 16 the section 293 of the code by amendment act of 2 of 2006 by section 5 a of that act which came into effect from 16.4.2006 and by virtue of this, gazetted officer of the mint or of the indian security press including the office of the ..... to produce any records on which the report is based. (3) without prejudice to the provisions of sections 123 and 124 of the indian evidence act, 1872 (1 of 1872) no such officer shall, [except with the permission of the general manager or any officer in charge ..... mohan v.govindan nair (2011 (3) klt sn4 (c.no.2) this court has held that by virtue of section 292 as amended, a report of any government crl.a.nos.114 & 135 of 2004 17 examiner of questioned documents can be used in evidence in ..... . further, mere possession of counterfeit currency notes alone is not sufficient to attract the offence under section 489 (b) of the indian penal code and it must be proved by the prosecution that it was intended to be sold or distributed as genuine currency notes .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-2014
..... allowance claimed under this act which is found to be false, shall be included in the undisclosed income as defined in this clause. the last line of ..... case where the court did consider the effect of the words "undisclosed income" as amended by the finance act, 2002. the court made the following observation: "6. the finance act of 2002 has inserted the words "or any expense, deduction or allowance claimed under this act which is found to be false" at the end of the cl.(b), with ..... retrospective effect from 1st july, 1995. the object of the amendment is to specifically provide that any expense, deduction or .....
Tag this Judgment!Court : Kerala
Decided on : Feb-07-2014
..... vehicle owned by or on behalf of the central government or a provincial government other than a vehicle used in connection with the business of an indian state railway". after amendment: "42(3). sub-section (1) shall not apply: "(a) to any transport vehicle owned by the central government or a state government and ..... the form of nationalization, the monopoly created could not be sustained. it is in this context of the full bench decision, that specific amendments were brought into the motor vehicles act, where the exemption in sub-clause (a) of sub-section (3) of section 42 was restricted to vehicles used for government purposes specifically ..... a legislation the executive government could carry on trade or business. in the said case while amounts were appropriated and sanctioned by the legislature and appropriation acts passed, the question was whether the government could carry on the business of printing and publishing text books without separate legislative sanction. while holding that " .....
Tag this Judgment!Court : Kerala
Decided on : Jul-31-2014
..... xxx xxxx xxxx xxxx xxxx the provisions in sections 397 and 398 were first introduced in the indian companies act, 1913, as section 153c by the amendment act lii of 1951, following the enactment of section 210 of the english companies act, 1948. section 397 provides against oppression of minority shareholders and section 398 provides for relief against ..... the strangers to the company. in this context, an examination of the provisions contained in section 397 is necessary. the relevant provisions (as it stood before amendment of act 11/2003, read as follows: "397. application to company law board for relief in cases of oppression:--(1) any member of a company who complain that ..... , he has an individual right to restrain the company from doing ultra r.f.a no.160 of 2004-d11vires acts, to have a reasonable opportunity of attending and speaking at meetings, to move amendments at such meetings, to transfer his shares and not to have his financial obligations to the company increased without his .....
Tag this Judgment!Court : Kerala
Decided on : Dec-09-2014
..... commission, which was already in receipt of the resolution of the society to conduct election on the basis of the amended bye-laws, chose not to act upon either of the two resolutions. thereupon, the bank got wp(c) no.26410/14 amended incorporating a prayer to interfere with the refusal of writ appeal nos. 1808, 1829, 1842 & 1845 of 2014 : ..... 4. : the election commission to conduct election on the basis of the amended bye-laws.7. at that juncture, wp(c) ..... of the section itself, according to us, even otherwise, this appeal could not have been entertained. according to the appellant, his appeal in substance is against the registration of the amendment to the bye-laws. even if the appeal is assumed to be one as writ appeal nos. 1808, 1829, 1842 & 1845 of 2014 :14. : claimed by the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-16-2014
..... or even a primary society cannot be held other than in the manner as provided in the act. with the amendment of the provisions of the kcs act the maximum strength of a committee of an apex society shall not increase 21. therefore, this respondent is obliged under law to fix the ..... and in para 3 thereof, they contended thus; "3. here in this connection it is worthwhile to mention that the provisions in the kcs act were amended. in view of the said amendment of the provisions of the kcs act, which was notified w.a no.1894/14 :6. : and given effect, an election to the managing committee of an apex society ..... with the constitution of the general body and the powers thereof. w.a no.1894/14 :3. :5. section 28 of the act providing for the appointment of committee of a co-operative society underwent amendments and in terms of section 28(1a), notwithstanding anything contained in the bye laws of the society, the number of members of the committee .....
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