Court : Kerala
Reported in : 1973CriLJ1284
..... the petitioner. the 1st respondent instituted a proceeding under section h of the kerala buildings (lease and rent control) act against the petitioner for eviction out of a building which the 1st respondent leased to him. before the munsif rent controller. in the course of that proceeding, the petitioner filed two interlocutor applications one i. a-no. 3476 ..... the averment in his affidavits were true and that the adiustment was supported by exts. d7 and d8. the petitioner also save evidence before the munsif-rent controller to that effect. the petition for eviction was finallv disposed of holding the contentions of the petitioner were not tenable- during the pendency of that petition ..... does not think it necessary to act under section 479-a it cannot later on resort to section 476 and make a complaint against the witness under that section.7. in view of these decisions it is difficult to support the procedure adopted by the munsiff-rent controller in launching a prosecution asainst the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker194
..... ) 2 mys lj 105), the question related to the right of a tenant who was evicted to re-occupy it. sections 26, 27 and 28 of the mysore rent control act (act 22 of 1961) are silent as to the form in which the tenant who is evict-ed is entitled to re-occupy the new building on completion. a learned ..... case (before the reorganisation of the states) made it obligatory on the part of a civil court to refer questions relating to tenancy to the competent authority. the present karnataka act contains similar provisions which are .sections 132 and 133. it is useful to read those two sections:'132. (1) no civil court shall have jurisdiction to settle, decide ..... whether respondent no. 1 had become the tenant of the appellants or not.'the supreme court held with reference to the various provisions contained in the bombay act, mysore act and the karnataka act, that the jurisdiction of the civil court is clearly barred in deciding the question of tenancy raised in that case.25. i will refer to the judgment .....
Tag this Judgment!Court : Kerala
Reported in : (1980)IILLJ66Ker
..... the total wages disbursed during the relevant period. these persons were not found to be covered by the employees state insurance court. after considering the decisions on this question the karnataka high court agreed with the view taken by the andhra pradesh high court in a.p.s.e. board v. e.s.i. corporation (supra). from the facts of the ..... . in other words every engagement is not an employment. employment excludes such engagements as are of a casual nature. that is quite in keeping with the spirit of the act, for, the act envisages contribution by the employer as well as the employee and the benefit to be conferred upon such employee in the form of medical, maternity and other amenities. that ..... , while in the former the person who is paid wages is evidently not in the service of another. one of the main distinguishing features may be said to be disciplinary control. when a person is in the service of another however short the period of service may be he is under the disciplinary .....
Tag this Judgment!Court : Kerala
Reported in : [1980]45STC163(Ker)
..... another state, as in the case of a certificate issued by the collector of another district in the same state. this is the view held by the high court of karnataka in burman v. commercial tax officer [1971] 28 s.t.c. 637, which, with respect, i fully endorse.9. for the reasons stated by me, i see ..... section 10 refers to the duties of the collectors to remit money collected on the basis of such certificates. it says:where a collector receives a certificate under this act from a collector of another state...he shall remit any sum recovered by him by virtue of that certificate to that collector, after deducting his expenses in connection with ..... dated 13th august, 1975. a notice of demand was served on it by the third respondent, deputy tahsildar, mattancherry, cochin, under section 7 of the kerala revenue recovery act. these orders are challenged by the petitioner.2. the counsel for the petitioner, shri chakkappan kalliath, submits that exhibit p4 levying sales tax in respect of the sales in .....
Tag this Judgment!Court : Kerala
Reported in : 1981CriLJ966
..... by a member of the company or by a private individual. it cannot also be said that these provisions constitute an implied bar against such prosecution. the act only enables the central government to prosecute the person concerned. normally the central government cannot prosecute a person under the code, in view of the circumstances ..... for relief in cases of oppression. section 408 provides powers to the government to prevent oppression or mismanagement.11. a reading of the provisions of the act referred to above will show that a company and the office bearers of a company have certain statutory duties with reference to the financial dealings, maintenance of ..... mentioned in the complaint (except of course the offence alleged under section 465, which is a non-cognizable offence). there is no contention that the indian companies act stipulates any express bar against the initiation of prosecution under the code by a private individual.7. the supreme court in r.p. kapur's case : 1960crilj1239 .....
Tag this Judgment!Court : Kerala
Reported in : 1988CriLJ90
..... required to consider the facts and see whether a motion him to make a motion or refrain from making a motion. is his order justiciable a division bench of the karnataka high court had occasion to consider this question in n. venkataramanappa v. d.k. naikar : air1978kant57 . v. s. malimath j. (as he then was) speaking for ..... that in such a case there will be no 'remedy' for the 'aggrieved'. learned counsel also submitted that when a subordinate court refrains from making reference, that act is justiciable under article 226 of the constitution. this takes us to another aspect of the case. both sub-sections of section 15 permit the advocate- general to ..... high court. in doing so, the subordinate court has to observe some procedure based on principles of natural justice, though such procedure is not expressly prescribed in the act. the alleged contemner has to be informed about the facts, giving an opportunity to file an affidavit in reply. thereupon, the subordinate court has to decide whether .....
Tag this Judgment!Court : Kerala
Reported in : AIR1987Ker21
..... response to a suggestions from court, counsel for the petitioner brought to the notice of the court two decisions, one of the punjab & haryana high court and other of the karnataka high court reported respectively in c. i. t. v. ramesh chander and bafna textile v. i.t.o. : [1975]98itr1(kar) , to support the contention ..... excise duty has been imposed on bodies built for motor vehicles. the units engaged in the body building for motor vehicles are being brought under central excise control.2. as you may be aware, the body building activity is undertaken by small independent body builders spread all over the state, further the body building takes ..... in the exercise of their exacting duties, the excise authorities have necessarily to take note of the constitutional constraints to which they are subjected to. they have to act fairly, rationally and reasonably; they have to abide by the constitutional obligation as contained in article 265 of the constitution which reads :'265. taxes not to be .....
Tag this Judgment!Court : Kerala
Reported in : [1987]65STC16(Ker)
..... may amount to disposing of the same. even with the utmost degree of liberality in favour of the respondent-state, disposal of goods would at least involve an abandonment of control thereof. in plain language, it seems difficult, if not impossible, to subscribe to the position that even where the title and the possession continue to vest in the owner, ..... at page 166:it would seem to follow from the aforesaid dictionary meanings of the phrase 'disposes of that it may well involve the forsaking of both title and control over the goods. the most apt example may well be the disposing of goods by sale which may involve both the passing of title as of possession by delivery ..... would destroy it in whole or in part.in k. cheyyabba v. state of karnataka [1980] 45 stc 1 (kar) at page 4, construing section 6(i) of the karnataka sales tax act, wherein the language is similar to section 5a(1)(b) of the kerala general sales tax act, the division bench held that the context in which the words 'disposed of' .....
Tag this Judgment!Court : Kerala
Reported in : I(1988)ACC487
..... use of the motor vehicle or due to the negligence of the driver and, therefore, the tribunal had no jurisdiction to entertain the claim. the division bench in the karnataka high court ruled:it is not disputed before us that the bus was going on a road. it is further not disputed that the bus was halted on a ..... case. 12. the court then adverted to the use of the term in certain other provisions of the act and observed that those provisions did not control or limit the connotation of the term 'use' in sections 110 and 110-a of the act. the jurisdiction of the tribunal to deal with this dispute was thus upheld.13. in chaurasiya and ..... the claims tribunal arises.10. reference may, in this connection, be made to the decision of the karnataka high court in general manager, ksrtc v. sankappa sata'in-gappa 1979 acj 452 (karnataka),in that case a vehicle belonging to the karnataka state road transport corporation had been stopped on slope unattended. the bus suddenly started moving down and dasaed .....
Tag this Judgment!Court : Kerala
Reported in : 1988CriLJ1359
..... offence, and the manner in which it was committedsupreme court in early 1980s, more than once pointed out that inadequate sentences can invite disrespect for law. again, in state of karnataka v. krishna : 1987crilj776 , the court highlighted the damage that 'flea-bite' sentences can cause. in mahesh v. state of m.p. : 1987crilj1073 , khalid, j. ..... (lynn a curtis yale university 1985), also noticed the increase in violent crime rate in the last 15 years and highlights the need to react to crime, to control it. attorney general's task force on violent crimes (1981) noticed the alarming and continuous increase in violent crimes, and doubted the efficacy of the sentencing system ..... jack gibbs in 'crime punishment and deterrence' stated:any legal theory of behaviour must assume that people by and large do not want to be punished and will act so as to avoid fines, jail, whipping or electric chair. that means a threat of real punishment will deterevil of punishment must exceed the advantage of the .....
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