Judgment Search Results Home > Cases Phrase: kerala civil courts act 1957 1 Court: guwahati Page 1 of about 757 results (0.097 seconds)

Zarzoliana and ors. Vs. Government of Mizoram and ors.

Court : Guwahati

..... cri lj 1678(sc) (supra), the prisons reforms case of sunil batra : 1978crilj1741 , hus-sainara khatoon's cluster of cases (i to vi, post) and niemeon sangma (post), is that the orders of the supreme court travelled beyond the immediate parties and were not confined to the cases alone, distinguishing features of one case tormented the judicial mind that innumerable prisoners in the country belonging to the lower, illiterate bracket ..... the principles of law of universal application and are in consonance with justice, equity and good conscience, as well as in accord with the constitutional mandates, the government of mizoram as well as the courts governed by the principles of justice, equity and good conscience are bound to follow the said principles. ..... where the prisoner is disabled from engaging a lawyer, on reasonable grounds such as indigence or incommunicado situation, the court shall, if the circumstances of the case, the gravity of the sentence, and the ends of justice so require, assign competent counsel for the prisoner's defence, provided the party does ..... of law of universal application, which is in consonance with justice, equity and good conscience, lurk in the code, the courts should apply the said immemorial principle which govern civil litigation and are of universal application.11. ..... the offence under the unlawful activities prevention act are neither punishable with death or imprisonment ..... 659 of 1957, d/- 9-2-1961) (sc), as well ..... 659 of 1957 decided on b-2-1'961 and the .....

State of Assam Vs. Pranesh Debnath and ors.

Court : Guwahati

..... the arbitrator under defence of india act comes within the expression 'any court' it was observed:..within the expression 'any court' in section 115 of the code of civil procedure read with section 141 of the code of civil procedure, and the relevant bengal rules already discussed, comes to the arbitrator, which is a court and nonetheless, a court of original civil jurisdiction, but not a 'civil court' within section 3 of the bengal, agra, assam, civil courts act, 1887 and not even 'every civil court of a grade inferior to that of a district ..... it was held that even though 'any court', in section 115 of the code of civil procedure is not a civil court either within section 3 of the code of civil procedure or within section 3 of the bengal, agra, assam, civil courts act, 1887, still any court in section 115 of the code of civil procedure may be and is 'a court subordinate to the high court' within section 115 of the code of civil procedure. ..... the madhya pradesh and kerala high courts seem to have taken the view that an appeal lies against an order under section 140 of the act of 1988. ..... padmavathy , the division bench of the kerala high court scanned through the various provisions of the 1939 act as well as the 1988 act to ascertain whether an appeal would lie under section 173 against an order granting compensation under section 140 of the act and held that such an appeal was maintainable. .....

Anukul Chandra Dey Vs. Bhanu Kanta Debnath and anr.

Court : Guwahati

..... manager, bouanu estate 1988 acj 912 (kerela), it was held that:it is true that section 23 if the workmen's compensation act confers all the powers of the civil court under the code of civil procedure, for purposes of taking evidence on oath and of enforcing attendance of witnesses and compelling production of documents and material objects. ..... it is unfortunate that he embroiled himself in a highly technical debate which would enable him to exclude the applicant from the purview of the definition by adopting an artificiality which was contrary to the terms of the statute as understood by this court in kochu velu's case 1982 acj (supp) 486 (kerala). ..... , in the event of failure of the employer to produce such document can call the employer as witness and also to cause production of such documents from the custody of the employer as the commissioner is invested with the power of a civil court under the civil procedure code for the purpose of taking evidence on oath, enforcing attendance of witness and compelling production of documents by virtue of section 23 of the act read with rule 41 of the workmen's compensation rules, 1924. .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Reported in : [2010]153CompCas579(Gauhati)

..... remedy lies in making appropriate application under section 397 and/or 398 of the companies act inasmuch as a case, which is covered by the provisions of sections 397 and 398, falls within the exclusive domain of the company law board, and the court of ordinary civil jurisdiction cannot try such a suit; (ii) even if the civil court had jurisdiction in the present case, the nature of reliefs, which the plaintiffs had ..... general or common law and such a right has also been affirmed under a statute, the person, who is aggrieved, has the option of either approaching the civil court or pursuing the remedy, which the statute may have provided, but the civil courts' jurisdiction in such a case, would stand ousted if, while creating the right or recognizing the right, a statute also provides for remedy and excludes, expressly ..... follows from the above discussion is that if the grievances of the plaintiff-respondent herein are founded on his rights under the common law, he can file a suit, in the civil court of ordinary jurisdiction, for remedy of his grievances; but if his grievances are founded on statutory rights, which are created, for the first time, under sections 397 and 398 ..... when the facts of a given case fall within the four corners of section 397 and/or section 398, whether the civil court can still exercise jurisdiction under section 9 of the code of civil procedure even though sections 397 and 398 give ample powers to the company law board to deal with a given situation ..... kerala ..... kerala .....

The Managing Committee of New Hindi Secondary School Vs. Banamali Sinh ...

Court : Guwahati

..... general, wherein an appeal was directed against a judgment and order passed by a division bench of the madhya pradesh high court at jabalpur, whereby and whereunder the high court refused to entertain an application filed by the appellants purporting to be under section 151 of the code of civil procedure, 1908 for recalling of an order passed by a learned single judge of the said court in civil revision, which in turn arose out of an order passed which in turn arose out of an order passed by the learned ..... impugned order dated 30.09.2011, as the learned single judge has recorded the finding that the appellants are guilty, which amounts to a decision to punish for contempt and hence appeal under section 19 of the 1971 act is maintainable, cannot be accepted as it is evident from the impugned order that the learned single judge has discussed all the materials made available in the contempt proceeding to record the prima facie opinion of commission of the ..... state of kerala, reported in (2000) 6 scc 359 : (air 2000 sc 2587), the apex court held: 7. ..... state of kerala (2000) 6 scc 359 wherein this court inter alia held that when a special leave petition is disposed of by a speaking order, the doctrine of merger shall apply stating: (scc p.383, paras 41-43). 41. ..... state of kerala (2000) 6 scc 359 : (air 2000 sc 2587) it was held (scc p.383, paras 41-42). 41. .....

Oriental Insurance Company Ltd. Vs. Phuljheria Mussamat

Court : Guwahati

..... the aforesaid judgment of the apex court in kerala state electricity board (supra) was distinguished and it was observed that the said case was under the workmen's compensation act where the act itself provided the relevant procedure for calculating the compensation and, therefore, the said law could not be applied in case of the claim under the railways act.7. ..... the matter should not detain us in view of a three judges' judgment of the apex court in kerala state electricity board and anr. v. ..... in view of the above, we are of the opinion that the learned commissioner under the workmen's compensation act was not correct to apply explanation ii to section 4 which existed at the time the award was given. ..... in kerala state electricity board, reported in (1999) 8 scc 254 the full bench view of the kerala high court in new india assurance company v. ..... the apex court in the case of kerala state electricity board (supra) relied upon a four judges bench decision in pratap narayan singh deo v. ..... the heirs of the deceased filed a claim petition for compensation under the workmen's compensation act, 1923 before the commissioner, workmen's compensation, nagaon which was registered as case no. ..... 4,000 per mensem, yet as per explanation ii under section 4 of the act his monthly wages for the purpose of compensation would be reckoned as rs. ..... the view taken in civil appeal nos. .....

Commissioner of Income-tax Vs. Prahlad Rai Todi

Court : Guwahati

..... . that was a case where the rectification was made by the income-tax officer in the assessment of the respondent for certain years and the supreme court considering the section 154 of the present act has laid down the law as follows: 'a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of ..... . 2574-2574 of 1975 was filed before the supreme court and the supreme court passed the following order in that slp (civil): 'as the high court has said that the petitioner has got his remedy open for raising all the points in question on merit before the income-tax authorities, we do not think ..... . this is a case from kerala high court wherein the law has been laid down as follows: ' section 254(2) and section 154 of the income-tax act, 1961, enable the concerned authorities ..... contention of learned counsel for the respondent is correct, then, applying the same analogy to a civil case, it would be open to a court to recall its judgment in a case where the provisions of order 47 are not applicable, ..... submits that in the order which was recalled, there was error apparent in view of the fact that in the earlier judgment passed by this court in civil rule no ..... example, under the provisions of the code of civil procedure, order 47 provides the circumstances in ..... the expression ' error apparent on the face of the record' occurring in order 47, rule 1 of the civil procedure code, 1908 ..... (civil) being special leave petition (civil .....

West Bengal State Weaver's Co-op Society Ltd. and Ors. Vs. Dr. Bibhaba ...

Court : Guwahati

..... case at hand, it is of utmost importance to note that the act of 1972 indicates that action is instituted in a civil court and the appeal is also preferred before a civil court and to such a suit and appeal, provisions of the cpc are ..... the act specifically states that 'shall not be liable to be called in question in any court of law' except in the manner provided under section 20, it cannot be said that the high court which is a court of law and which is a civil court under the code of civil procedure, under section 115 of the cpc could revise again an order after revision under section 20 of the act. ..... no specific provision in the statue making the determination by the district court final and excluding the supervisory power of the high court under section 115 of the cpc, it had to be held that the decision rendered by the district court under section 20 (1) of the act being a decision of a court subordinate to the high court to which an appeal lay to the high court was liable to be revised by the high court under section 115 of the cpc, in that view of the - ..... in this case, the kerala building lease and control act provides a right of appeal under section 18 and sub-section (5) of section 18 provides that a decision of the appellate authority, as mentioned in section 18, shall not be liable to be questioned except in the manner as provided ..... as against this, the scheme of kerala buildings and the lease and rent control act shows that suit for ejectment was governed by the cpc and .....

Ajay Kumar Saharia Vs. Commissioner of Wealth-tax

Court : Guwahati

..... the following questions have been referred by the appellate tribunal under section 27(1) of the wealth-tax act, 1957 (for short, 'the act'), at the instance of the revenue : '(i) whether, on the facts and in the circumstances of the case, the tribunal was justified in treating the shares of ..... in this light, according to the assessee, if rule 1d of the rules is regarded as mandatory, it will be in conflict with the provisions in section 7(1) of the act as interpreted by the supreme court and hence the rule must be regarded as directory and, in the case of a going concern, the normal method based on profitability must be adopted. ..... triloki singh, : [1957]1scr370 the supreme court, considering section 90(2) of the representation of the people act, 1951, which contained the words 'subject to the provisions of this act and of any rules made thereunder', observed (at page 454) : 'the true scope of the limitation enacted in section 90(2) on the application of the ..... the same idea has been expressed by the kerala high court in mamman varghese's case : [1983]139itr351(ker) in the following words (at page 355): 'the section itself opens with the words 'subject to any rules made in this behalf, thereby bringing out the paramountcy of the ..... procedure under the civil procedure code is that when the same subject-matter is covered both by a provision of the act or the rules and also of the civil procedure code, and there is a conflict between them, the former is to prevail over the latter.' 19 .....

Hemodhar Gogoi Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... further submitted that the order passed by the learned single judge rejecting the petition by holding that it was, the duty of the petitioner/appellant to take all necessary steps and to obtain order from the court from time to time, so that money kept in sealed cover in dibrugarh treasury was in a good condition liable to be interfered with as the petitioner/appellant cannot have any access to the treasury and ..... petition filed by the petitioner/appellant with an observation that the petitioner/appellant may approach the learned civil court, having competent jurisdiction, to prove negligence of the respondents and to claim damages.2. ..... officers and the said version of the petitioner/appellant was also found to be true by the learned district judge, dibrugarh, in the enquiry conducted by him pursuant to the direction issued by the high court, therefore, the action on the part of the respondents in not keeping the property in good condition, cannot be allowed to cause prejudice to the petitioner/appellant, as he was found to be legally entitled to the ..... learned counsel appearing for the respondents have fairly submitted that no criminal prosecution or any proceeding under the income-tax act or any other legal action have been initiated and pending against the present petitioner/appellant in respect of the said ..... in kerala state electricity board (supra), the apex court has held that in an action by way of restitution, no inflexible ..... 1954crilj1029 and in kerala state electricity board .....