Court : Kerala
Decided on : Feb-18-2014
..... of the 1st accused society. learned counsel for the appellant contended that the evidence of dw1 coupled with ext.d1 would show that ext.d1 bye-law was subsequently amended. it is also come out in evidence that though ext.d1 bye-law authorised the committee to open an account in the state bank of travancore, aluva branch, ..... they have opened an account in the south indian bank as per the testimony of dw1 in c.c.no.896 of 2001. dw1 in that case feigned crl.appeal nos.2300, 2301 & 2302/2008 4 ignorance ..... magistrate court, perumbavoor.3. all these appeals are filed by the complainants who approached the trial court with complaints under section 138 of the negotiable instruments act, 1881 (for short, "the act"). complainants in these cases are different persons; but the accused are the same. trial court after considering the evidence convicted all the accused persons except the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-18-2014
..... , the plaint does not contain even a whisper about the additional defendants. along with the application for impleadment of additional defendants the plaintiff shall file an amendment application to incorporate necessary averments in the plaint, failing which the court shall direct him to do so before the impleading application is considered.10. one ..... the donees and for the maintenance and for meeting the educational expenses of the minor donees. this is consistent with the definition of 'settlement' in the stamp act. ordinarily, such clauses are seen only in settlement deeds and not in wills. this also supports to some extent the contention that what the settlors really ..... recording whether by way of declaration, of trust or otherwise, the terms of any such disposition); ('settlement' is defined in section 2(b) of the specific relief act also) for all purposes settlement is a gift. a division bench of this court in deputy collector vs. shahul hameed (1991(1) klt873 examined the meaning of .....
Tag this Judgment!Court : Kerala
Decided on : Feb-26-2014
..... the said provision has to be read as 'by the hotel' as well.19. learned counsel for appellant, however, brought to our notice the subsequent amendment to the act by incorporating a proviso indicating that certain items have been excluded from luxury tax in the hotel. the proviso reads as under: "provided that no luxury ..... services, necessarily all services rendered by the hotel comes within the definition of 'luxury' which is chargeable under the act, unless it is specifically excluded, as indicated above by the proviso incorporated by way of amendment. hence, we do not think that the appellant has made out any good ground for interfering with the judgment ..... are of the view that almost similar provisions like that of s. 6(5) and s.8 has been considered with reference to the agricultural income tax act, 1950. the division bench opined that if the assessing officer cannot make a reassessment beyond the period of limitation prescribed thereunder, the revisional authority cannot exercise the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-10-2014
..... for delay. para 32a is purely in the w.a. no.1612 of2008(b) ::3. :: nature of guidelines and not a rigid formula; (3) by the amendment of 1988, the compensatory portion in section 14b was segregated making section 14b purely punitive, leaving the compensatory part of damages under the unamended section 14b to be taken care ..... note of by the assessing authority and the appellate authority. accordingly, the damages was reduced from 79,616/- to 40,000/-. the learned single judge relied on the decision in indian telephone industries ltd. v. assistant provident fund commissioner and others (2006 (3) klj698, w.a. no.1612 of2008(b) ::2. :: wherein it was held that the ..... and the wages of the employees, from which the employees' contribution had to be deducted and paid, had not been paid to the workmen, for whose benefit the act itself was enacted, were relevant considerations which had to be taken into account by the assessing authority while quantifying the damages under section 14b; (5) the facts .....
Tag this Judgment!Court : Kerala
Decided on : Sep-17-2014
..... date." 11. it will also be appropriate to extract relevant part of the circular and the scheme which are under:- circular1 xx xx xx 2. xx xx xx 3. the indian bank's association, in turn had taken up the matter with govt. of india, w.a. nos.937 & 947 of 2014 -:40. :- ministry of finance, banking division ..... for the respondents, that the settlement dated 27.04.2010 is not binding on the respondents, for want of amendment to the pension regulation. in support, learned counsel placed reliance on section 63 of the state bank of india (subsidiary banks) act, 1959, which lists out the procedure for framing of regulation, governing the w.a. nos.937 & 947 ..... a bipartite settlement dated 27.04.2010 took place between the indian banks association on behalf of the management and their workmen represented by the all india bank employees' w.a. nos.937 & 947 of 2014 -:4. :- association under sections 2(3) and 18(1) of the industrial disputes act, 1947. to the said settlement, the state bank of india .....
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