Court : Kerala
Reported in : AIR2008Ker38; 2008(1)KLJ28; 2008(2)KLT340
..... take the view that it would not. it was however observed:it is true that the proponderance of authority is in favour of a partition being treated as a transfer for the purposes of section 53 of the t.p. act, 1882. the correct view, as pointed out by mulla should be that a partition is not ..... was created is void and unenforceable. the principle is founded on the principle of public policy allowing free disposition of property. section 11 of transfer of property act embodies principles of universal application that when the main object of transferor is to make an absolute transfer, an inconsistent provision therein cannot be given effect to section ..... relevant clause in ext. a2 is void and appellants are not entitled to the decree granted by the trial court.7. section 10 of transfer of properties act reads,10. condition restraining alienation: where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parties .....
Tag this Judgment!Court : Kerala
Reported in : 2003CriLJ5086
..... any further investigation. spoken by the division bench g. sasidharan, j. observed as follows :'a provision has been incorporated in the act mandating obtaining of sanction for the purpose of preventing unnecessary harassment of public servant. it is for the authority which has to grant sanction to apply its mind to the facts of the case and also to consider the materials ..... to special judge case files (cd file) indicates a prima facie case against the 1st respondent. but sanction by government/competent authority is required as a condition precedent to launch prosecution in view of section 19 of the prevention of corruption act.3. with regards to first two questions, regarding power under sections 156(3) and 173(8) of cr.p.c .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker300
..... patta lands the minerals belong to the pattadars. in air 1981 madras 82 the court held that under section 15 of the mines & minerals (regulation and development) act, the state government had only the power to regulate and it could not prohibit and the question in issue there was the right of the government for ..... 1870, in which no reservation of the rights of the state to minerals is made.26. the mines and minerals (regulation and development) act, 1957 is an act to provide for regulations of mines and development of minerals under the control of the union. section 3 is the definition section. 'minor minerals' have been defined to mean building ..... and was collecting royalty from them. he had never paid any amount to the government as royalty because the provisions contained in the miners and minerals (development and regulation) act, 1957 and the rules framed thereunder did not stipulate payment of royalty to the government in case of jenmom lands. the petitioner further contends that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker67
..... scheduled castes.3. a detailed counter-affidavit has been filed on behalf of the respondents. sri m. abdul hameed, section officer in scheduled castes and scheduled tribes development department, secretariat has sworn to that affidavit. the gist of the contention raised in the counter-affidavit is that the list appended to the scheduled castes and ..... to be treated as scheduled castes. scheduled castes status being a legal and constitutional status, it could be bestowed only by the parliament and not by any other authority. chemman may be the same as semman, which is a scheduled caste. but, without inclusion of chamman in the scheduled castes' list, government are unable to ..... by name 'semman' has been included as item no. 60 in the list of scheduled castes in kerala appended to the scheduled castes and scheduled tribes orders (amendment) act, 1976 (act 108 of 1976). word 'semman' is of tamil origin. even though in tamil they pronounce the word as 'semman', it is being written as 'chemman' in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker276
..... the statement made in the counter affidavit by the 2nd respondent that the optional areas offered in the course have been recommended not only by the curriculum developing scheme by the u.g.c., but also the bar council of india has to be accepted. it is further stated that the bar council of ..... the said three year course is started by the university after complying with all the statutory procedure contemplated under the act, regulations and ordinances and duly approved by all the statutory authorities contemplated under the act. therefore, the contention raised by the petitioners that for starting such a course, 2nd respondent university did not follow ..... post-graduate studies. section 2(ii) of the cochin university of science and technology act lays down the provisions of facilities and offering of opportunities for graduate and post-graduate education in social sciences by instruction, training, research and development or extension and by such other means as the university may deem fit. it .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT890
..... the petition for probate is to be verified by at least one witness. section 275 of the act declares that an application for probate if made and verified in the manner provided under the act shall be conclusive for the purpose of authorizing the grant of probate and the said section further states that no grant of probate shall be ..... the case of an administrator he gets such authority under orders of the court in a proceedings for the grant of letters of administration. (kamalamma v. somasekharappa air 1963 mysore 136. probate can be granted only to an executor appointed under the will. (see section 222 of the indian succession act).15. p.w.i has proved due attestation ..... impeached by reason only that the testator had no fixed place of abode or no property within the district at the time of his death. section 268 of the act provides that proceedings before the .....
Tag this Judgment!Court : Kerala
Reported in : [1994]205ITR364(Ker)
..... has taken the view, that too much emphasis on the concept of enduring benefit or advantage of enduring nature without effectively reckoning the new trends, needs and development of modern society and the requirements of trade or business in an overall and practical manner, is uncalled for. reliance was placed on the decisions of the ..... and obtaining income therefrom on long-term lease arrangement .... the expenditure was of capital nature. . . . the disallowance of rs. 39,858 made by the assessing authority, treating the same as capital expenditure, is sustained'. the appeal by the state was allowed. it is, thereafter, at the instance of the assessee that the question ..... agricultural income-tax, the kerala agricultural income-tax appellate tribunal, additional bench, kottayam, in exercise of the powers vested in it under section 60 of the act, has referred the following question of law for the decision of this court :'whether, on the facts and in the circumstances of the case, the tribunal .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ498
..... the application cannot be rejected. it was also argued that this court cannot consider the question of fact and the appellate authority constituted under the k.l.r. act is the final authority of fact and that authority after appreciating the evidence came to the conclusion that the land was one for agricultural purpose and that finding cannot be ..... , respondents 1 and 3 to 18 and predecessor-in-interest of respondents 19 to 22 filed a.a. no.584 of 1997 before the appellate authority (land reforms) kannur. appellate authority reversed the finding of the land tribunal and found that the lease was for agricultural purpose. appeal was allowed holding that applicants are entitled to get ..... of revision under section 103 of the k.l.r. act is very limited and this court cannot consider the facts at all even for understanding and applying the questions of law arising in the case.9. the original of the lease is written in kannada language. the applicants had produced a malayalam translation of the .....
Tag this Judgment!Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... out to be unproductive and hence section 115j was introduced to make prosperous companies which are zero tax companies under the provisions of the act liable to pay some tax for the development of the country. if that is the object, the 'loss' referred to in clause (iii) can never mean loss including depreciation, ..... sc) ; cit v. prithvi insurance co. ltd. : [1967]63itr632(sc) and produce exchange corporation ltd. v. cit : [1970]77itr739(sc) . we hold accordingly. the authorities erred in holding otherwise. as both the activities constituted same business, which is an eligible business, the provisions of section 32ab(3)(b) are not applicable.'44. on the said ..... of social custom, accompanied by their wives when they visit, though for business purposes, has necessarily some social aspects also. neither the assessing authority nor the appellate authority has got a case that the foreign tour made by the chairman-cum-managing director is not for any business purposes or that the accompaniment .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker208; 2003(1)KLT850
..... care, education, training, employment and rehabilitation of persons with disabilities.' another objective of the act was to create 'barrier free environment for persons with disabilities' and to 'remove any discrimination against persons with disabilities in the sharing of development benefits vis-a-vis non-disabled persons.' to achieve the declared objects of the legislation ..... however, keeping in view the fact that each specialty constitutes a separate unit and there is no provision for amalgamating all the disciplines together, the authority could have taken the view that no reservation should be made. it has also been pointed out that considerations of efficiency and merit have to be ..... or arbitrary. in any case, in matters of policy, the courts are normally reluctant to interfere. the decision has to be taken by the competent authority after examining the factual position. 24. in this context, it deserves mention that we live in a world of specialisation. after graduation, the effort is .....
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