Court : Kerala
Reported in : 2008CriLJ1689; 2008(1)KLJ331
..... the said definition of 'small coin' under section 2(b) reads as follows: small coin' means any coin of the value of less than one rupees, which is legal tender under the indian coinage act, 1906 (3 of 1906).6. ..... 338/2007 of kottarakkara police station registered for offences punishable under section 3(1)(iii) r/ w section 4 of the small coins (offences) act, 1971, seek to quash annexure a fir and all further proceedings pursuant thereto.2. ..... going by the definition of small coin under section 2(b), while coins of 25 and 50 denominations are attracted by the definition of small coins, coins of one rupee are not covered by the definition. ..... (3) nothing contained in sub-section (1) or sub-section (2) shall apply to the mint.the punishment for the contravention of section 3(1) of the act is provided under section 4 of the act which reads as follows:4. ..... requirements in such circumstances as to indicate that he is having the possession, custody or control of such small coins for the purpose of melting or destroying such small coins.explanation:- for the purpose of determining the reasonable requirements of small coins of a person, due regard shall be had to -(i) his total daily requirements of small coins,(ii) the nature of his business, occupation or profession,(iii) the mode of his acquisition of small coins, and(iv) the manner in which and the place at which, such small ..... when a police party was on patrol duty near the k.s.r.t.c. .....
Tag this Judgment!Court : Kerala
Reported in : [1979]117ITR209(Ker)
..... case of a company on the principal officer thereof a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 17 and may proceed to assess or reassess such income and the provisions of this act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section; provided that the tax shall be charged at the rate at which it would have been charged if such income had not escaped ..... (as he then was), speaking for the supreme court, has said (per headnote): 'two conditions must be satisfied before the income-tax officer can act under section 34(1)(b): he must have information which comes into his possession subsequent to the making of the original assessment order, and that information must lead to his belief that income chargeable to tax hasescaped assessment, has been ..... learned government pleader points out that section 35 of the act is analogous to section 34 of the indian i.t. ..... therefore, the proceedings initiated in the present case under section 147(b) on the basis of the audit note are legal and valid.'19. ..... learned government pleader contends that in the case of ' association of persons' or 'tenants-in-common', there is no strait-jacket formula and when there is a joint venture then the status can be only one of 'association of persons'. ..... that rule also authorises the officer to reopen an assessment if a legal error has been committed in the original assessment.'15. .....
Tag this Judgment!Court : Kerala
Reported in : 2005CriLJ3848; 2005(3)KLT770
..... witness in a judicial proceeding or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, ..... relied on his evidence tendered before the magistrate under section 33 of the indian evidence act. ..... when a person whose tender of pardon is to be accepted is examined under section ..... chief judicial magistrate, trivandrum (supra), a learned single judge of this court took the view that the accused have no right to cross-examine the approver when he was examined under section 306(4) of the code of criminal procedure. ..... observations in ranadhir basu and surindra mohan particularly ranadhir basu, the apex court had pointedly considered the question as to whether the expression 'examination' in section 306(4)(a) would include cross-examination and held that at that stage the accused has no right to appear and cross-examine the approver and the legal position was treated akin to an inquiry under section 202 cr.p.c. ..... the correct legal position is that when a magistrate on receiving a complaint applies his mind and decides to proceed under the various provisions such as sections 200 or 202 of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker19; (1966)IILLJ93Ker
..... , but that the right does not extend to being actually appointed to the post for which an application may have been made.that the equal opportunity under article 16(1) and (2) is amply satisfied when a party has been given a chance to apply and his application has been considered and that there is no right for getting appointed to a particular post, is also clear from the following ..... the learned judge has also observed in the later part of the judgment that article 311 has application only when there is an order of dismissal or removal and that it is not every termination of service of an employee that falls ..... lordships have, if i may say so with respect, very elaborately considered and laid down the various principles which have to be borne in mind in dealing with a claim for privilege under sections 123 and 124 of the indian evidence act.38. ..... been given his chance, it cannot be said that he had not equal opportunity along with others, who may have been selected in preference to him'.the legal position is also, in my view, well established that there is no fundamental right to be continued in employment of a state and that a party cannot complain about the termination of his service by the state, as an infringement of any constitutional right, when no question of violation of article 31: arises. ..... referred to above, make it very clear that the rule as to equal opportunity is amply satisfied when a party is enabled to make an application and that application is properly considered. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker8
..... lr34 was the leading authority that was followed throughout, without noticing that the limitation regulation, iii of 1040 (passed on 26th july 1865) under which it was rendered, contained no provision parallel to section 7 of the present indian limitation act, but such a provision was included in the limitation regulation ii of 1062 (passed on july 8, 1887) and the subsequent enactments which were the statutes relevant when the subsequent decisions beginning with 12 trav lr 99 were rendered. ..... the plaintiff, who has no separate right in the property as distinguished from that of thetarwad, cannot claim the benefit of section ix of the regulation, which applies to cases where the person suing has an individual right of his own and was under legal disability when the cause of action first accrued to him.i, therefore, concur in holding that the suit is barred. ..... shall have ceased as would otherwise have been allowed from the time when the cause of action accrued, unless such time shall exceed the period of three years, in which case the suit shall be commenced within three years from the time when the disability ceased; but if at the time when the cause of action accrues to any person he is not under a legal disability, no time shall be allowed on account of any subsequent disability of any person .....
Tag this Judgment!Court : Kerala
Reported in : AIR1967Ker181
..... proceeding on this basis that this was the state of the law governing hindus prior to the hindu marriage act 1955, and on the basis that section 25 of the hindu marriage act, more or less follows section 37 of me indian divorce act 1869, the learned judge finally comes to the conclusion that on the basis of the english authorities referred to by him, the wife though unchaste, is entitled to ..... , it may also be stated that based upon the english statute, there are certain wide observations contained in some of the commentaries in the text books dealing with this particular act to the effect that the discretion vested in the court under section 25(1) is very wide and that in the exercise of that discretion a court may make an order in favour of a wife even if a decree for judicial separation has ..... of the learned counsel for the respondent that at the stage of considering a request under section 25(1) the court is to ignore this circumstance, and nevertheless direct the husband to pay maintenance, is to be accepted then what is the object, when the statute itself says that if later on the party is shown to be unfaithful that ..... if there is no such legal right, by whatever term one may call it, allowance, starving maintenance or similar expressions in my opinion, such award will be ..... if there is a legal bar, in my opinion, there is no question of awarding any amount whatsoever, by whatever name it may be called--in this case by the first court as starving allowance and by the appellate .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT1003
..... indeed, so far as this latter part is concerned, namely, that such a child, if it be a person in existence, must be a minor, the relevant statute (the indian majority act) carries its own confirmation, as, obviously on the terms of section 3 and/or section 4 of the said act, a person is a minor until he attains the relevant age of majority, be it eighteen or twenty-one years, as the case may be, and as, so far as the theory of a child en ventre sa mere is concerned, if it otherwise applies to a particular case, as here, which is a ..... the right to withdraw his/her application at any time before the job is accepted, so as to enable another dependent of the family to make his/her application for employment assistance..35.5% vacancies of assistant grade ii including legal assistant grade ii in the secretariat (administrative secretariat), finance secretariat, law secretariat and office of the advocate general, and 5% vacancies of auditor grade ii in the local fund audit department will be reserved and reported to the ..... person domiciled in india shall be deemed to have attained his majority when he shall have completed his age of 18 years and not before, as per section 3 of the said act. ..... ambekar, : (1994)iillj173sc it was pointed out that high courts and administrative tribunals cannot confer benediction impelled by sympathetic considerations to make appointments on compassionate grounds when the regulations framed in respect thereof do not cover and contemplate such appointments. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT557
..... special reference was made to clause (r) of sub-section (2) of section 29 of the abkari act, which enables the government to frame rules, concerning forfeiture, notwithstanding any contrary provisions contained in the indian contract act 1872 or in any other law, of the whole or any portion of the kist amount deposited by the licensee, for breach of conditions of ..... if the policy, when translated into an act or rule, transgresses any of the legal or constitutional limits, then only this court can interfere, this court is not concerned with the propriety or otherwise of the policy of the government in such ..... in the case of death of a partner also, the legal heirs can step in as partners without the burden of providing two-star ..... in the case of a company, it is submitted that it is a legal person and whatever be the change in the constitution of the shareholders or the board of directors, the company remains the same and therefore, the change in the personnel, managing the company, cannot be described as ..... when such a constitution or reconstitution takes place in the partnership or the board of directors of a company, permission under the said rule will be granted if only the hotel is having two-star classification, issued by the ministry of tourism, ..... when a transfer covered by sub-rule (ii) is sanctioned by the commissioner, it can be done only if the premises in respect of which the fl-3 licence is issued, is having two-star classification, in view of the second proviso to sub- .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker73
..... bette (11)28 ac 143 : (13 tax cas 400 : 1928 all er 709 lord atkinson stated the principle thus:'.....it is well established that one is bound in construing revenue acts to give a fair and reasonable construction to their language without leaning to one side or the other, that no tax can be imposed on a subject by an act of parliament without words in it clearly showing an intention to lay the burden on him, that the words of the statute must be adhered to and that so-called equitable constructions ..... memorandum of appeal from an order inclusive of an order determining any question under section 47 or section 144 of the code of civil procedure, 1908, and not otherwise provided for when presented -(iii) to the high court -(a) from an order other than sen order under the kerala agriculturists debt relief act, 1958. ..... the relevant provisions of the kerala court fees and suits valuation act, 1909 (act 10 of 1960) that were referred during the course of arguments-before us are the following :--'schedule i, article 4.memorandum of appeal against order in proceedings under the indian succession act, 1925.an amount of one- halfthe scale of fee p r e-scribed in article 1 on the amount or value of the subject. ..... in its procedural emanations this right carries the connotation that the rich and the poor may pursue their legal remedies without being inhibited or impeded by the demand for payment of heavy court-fee. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker122
..... however, once the document has been admitted and marked as an exhibit in the case and has been used by the parties in examination, section 36 of the indian stamp act corresponding to section 35 of the kerala stamp act comes into operation and it would not be open to the court to go behind that order and such an order is not one of those judicial orders which are liable to be reviewed ..... when the document was tendered, the admission was objected to and the document was marked subject to the objection as to the admissibility and in the circumstances, this is a case, where the dictum laid down in ram rattan's case (air 1978 sc 1393) (supra) would squarely apply, and the court cannot refuse to consider the question of admissibility by reason of the applicability of section 35 of the kerala stamp act, corresponding to section 36 of the indian stamp act ..... necessity it would be trial court before which the objection is taken about admissibility of document on the ground that it is not duly stamped, has to judicially determine the matter as soon as the document is tendered in evidence and before it is marked as an exhibit in the case and where a document has been inadvertently admitted without the court applying its mind as to the question of admissibility, the instrument could not be ..... the legal position is well established that in such circumstances the creditor is entitled to maintain a suit for recovery of the debt based on the original contract of loan in case the promissory note ..... legal .....
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