Judgment Search Results Home > Cases Phrase: kerala civil courts act 1957 1 Court: jammu and kashmir Page 1 of about 319 results (0.109 seconds)

Smt. Parkasho Devi and ors. Vs. Assessing Authority

Court : Jammu and Kashmir

Reported in : AIR1986J& K42

..... to be given to the proposed assessee; secondly there was no procedure for rectification of mistake committed by the assessing authority; thirdly, there was no procedure for obtaining opinion of a superior civil court on question of law as was generally found in all taxing statutes; and fourthly, no duty was cast on the assessing authority to act judicially in the matter of assessment proceedings nor was there any right of appeal provided to such assessee as may feel aggrieved by the order of the assessment.13. ..... section 22 excludes the jurisdiction of the civil courts in matters which are required to be gone into under this act. ..... state of kerala, air 1961 sc 552 their lordships were considering the constitutional validity of travancore-cochin land tax act, 1955 as amended by act 10 of 1957. ..... birla cotton, spinning and weaving mills, air 1968 sc 1232 is an authority in which vires of section 150 of delhi municipal corporation act was challenged and the supreme court held that the provisions contained in the delhi municipal corporation act does not suffer from vice of excessive delegation and was held valid. ..... state of jammu and kashmir, air 1968 j&k; 105, a division bench of this court held that the charging section 3(1) of the act is not covered by entry 82 of list i and it clearly falls within the residuary field of the state and the state legislature was fully competent to enact the act as would be evident even from entry 49 of the state list in the seventh sch. .....

Ajmer Singh Sindhu Vs. Madhur Sidhu

Court : Jammu and Kashmir

Reported in : AIR2010J& K42

..... section 7 of the family courts act directs that the family court shall deal for the purpose of exercising the jurisdiction under the act to be the district court or other subordinate civil court for the area to which the jurisdiction of the family court exists. ..... he also pointed out that the proceedings under the hindu marriage act, hindu succession act, are entertained and adjudicated by the civil court considering the same as petition and not a suit. ..... she as such is entitled to enforce her right to maintenance under the act of 1960 also by way of filing a petition or an application before a civil court which mode she has adopted, and therefore, she cannot be directed to approach the civil court only by way of a 'suit' , as this would, as indicated above, defeat the very object and purpose of act of 1960. ..... as indicated above, the said act does not provide any forum, therefore, the claim for maintenance is to be treated as a proceeding before the civil court as the said claim is of a civil nature.12. ..... learned counsel for the petitioner, as noticed above, placing reliance on section 7(ii) of the j & k court fees act, 1977, (hereinafter referred to as the act of 1977), has submitted that the suit filed by the respondent was liable to be dismissed as the same was not valued in terms of the above ..... our view is fortified by a division bench judgment of kerala high court in saleesh babu v. ..... reference be made to : air 1957 sc 657; : air 1964 sc 457 and : 1976 (3) scc 800 : air 1976 sc 1503 .....

Razak Khizar Vs. State

Court : Jammu and Kashmir

Reported in : 1967CriLJ484

..... so much of the confession as relates distinctly to the fact discovered by it may be given in evidence as part at least of the statement cannot have been false.the requirements of section 27 of the indian evidence act which is an exception to sections 25 and 26 are as under:(1) some fact is deposed to (a) as discovered (b) discovered in consequence of information (c) information received from a person accused of any offence (d) the person being in the custody of police officer ..... (1965 edn) it is laid down;the documents, memoranda of what accused said and covered by section 27, evidence act, are not by themselves substantive evidence, it is what the witness deposes in court as having been said by an accused, when giving information leading to discovery of a fact, that is evidence.42 ..... the accused on the facts 'held to be proved by the learned sessions judge and therefore, the rule that the presumption of innocence of the accused is strengthened when the trial court has acquitted the accused holding the evidence insufficient, is not at all invoked in this case.30. ..... section 27.it is only that part which distinctly relates to the discovery which is admissible; but if any part of the statement distinctly relates to the discovery it will be admissible wholly and the court cannot say that it will excise one part of the statement because it is of a confessional nature ..... mentioned : : 1953crilj129 , : air1954sc660 , : air1954sc720 , air 1955 mys 119, ilr (1957) mys 177 : air 1958 mys 150.18. .....

Himalaya Construction Vs. Executive Engineer

Court : Jammu and Kashmir

Reported in : AIR2000J& K19

..... arisen are whether an award could be given vis-a-vis a matter regarding which any of the parties approached a civil court would have failed on account of bar limitation. ..... will decide the dispute according to existing law and give such relief with regard to interest as a court could give if it decides the dispute (ii) though in terms of section 34 of the code of civil procedure does not apply to arbitration proceedings, the principle of that section will be applied by the arbitrator for awarding interest in cases where a court of law in a suit having jurisdiction of the subject matter covered by section 34 could grant a ..... (iii) the civil courts which are entrusted with powers to facilitate arbitration and to effectuate the award are not to exercise appellate powers over the decision, wrong or right the decision is binding if it be reached finally ..... with regard to the payment of interest for pre-reference period, it be seen that there are some observations made by the supreme court in the case reported as executive engineer irrigation gall mala's case air 1988 sc 1520, the above decision was overruled in so far as it deals with the ..... 125 is again a clear pointer to the fact that the provisions of the arbitration act would be attracted and the question as to whether the claim is barred is a dispute which is to be decided by the arbitrator.the learned counsel appearing for the state on the basis of a decision reported as the kerala state electricity board, trivendrum v. p. ..... 1957 .....

Union of India (Uoi) Vs. Beant Singh and Sons

Court : Jammu and Kashmir

Reported in : AIR1998J& K24

..... apart from this, as i have observed above, whatever work is assigned to the additional district judge by the principal district judge under sub-clause (2) of section 16 of the civil courts act, me additional district judge is empowered to dispose of these matters and has got the same powers as the principal district judge. ..... it is to be seen in the light of sub-clause (2) of section 16 of the civil courts act, 1977 whether the additional district judge can dispose of the application or not, i need not go to the remifications of section 16 of the civil courts act, in view of the interim order dated 19th of july, 1995 passed by this court while transferring the application under section 20 of the arbitration act to the court of district judge. ..... 'it is obvious from this order that, apart from section 16 of the civil courts act, the high court had empowered the district judge either to hear the application himself or to transfer it to some other court of competent jurisdiction. ..... it is true that under the limitation act 1908, it was held that article 181 of that act does not govern an application under section 20 of the arbitration act but as has been pointed out in kerala state electricity board the new act makes a difference to the position. ..... state of kerala, air 1992 sc 1918, the apex' court has held us under :--'8. ..... it was so held following the decision in kerala stale electricity board, v. ..... state of kerala, air 1992 sc 1918. .....

Megha Enterprises and Etc. Etc. Vs. the State and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K16

..... the court in kerala state electricity board's case, air 1977 sc 282, by ruling that article 137 of the 1963 limitation act was not confined to applications contemplated by or under the code of civil procedure and would apply to any petition or application filed under any act to a civil court. ..... article 181 of the state act shall be held applicable to all such applications which arc filed in the court, seems to emanate from misreading of the ratio of kerala state electricity board's case ( ..... giving the description of the application 'any other application' for which no period of limitation is prescribed elsewhere in this division, indicates that the interpretation of article 181 in the 1908 limitation act on the basis of ejusdem generis should apply to article 137'.the apex court thus maintained the earlier position irrespective of the changes effected by article 137. ..... section 20 is neither a suit in the fullest sense of its term as no obligation is cast upon courts to issue summonses to the defendants or to frame issues or to call for the written statement nor an application ..... case, air 1970 sc 209, though not in categorical terms when the apex court expressed doubts at its earlier view taken in athani municipal council case (air 1969 sc 1335) (supra) and observed :'it seems to us that it may require serious consideration whether applications to courts under other provisions, apart from code of civil procedure are included within article 137 of the limitation act, 1963, or not? ..... 1957 .....

D.S. Bist and Co. and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1980J& K45

..... the amendment section 41 stood as under:'procedure and powers of court --subject to the provisions of this act and of rules made thereunder-- (a) the provisions of the code of civil procedure (x of 1977) shall apply to all proceedings before the court, and to all appeals, under this act, and(b) the court shall have, for the purpose of, and in relation to, arbitration proceedings the same power of making orders in respect of any of the matters set out in the second schedule as it has for ..... have the competence to invest the municipality with the power to levy tax, the supreme court negatived the contention of the tax payers that the provision validating the tax previously imposed by the municipality and declared valid under the validating act was a judicial act which was beyond the competence of the legislature with this observation:'.........a court's decision must always hind unless the conditions on which it is based are so fundamentally altered that ..... 'the full bench decision of the kerala high court in v. n. ..... in this case sub-section (7) of section 125 of kerala land reforms act (no. ..... state of kerala, air 1971 ker 98 relied upon by the learned counsel for the lessees, is clearly distinguishable. .....

Faqir Chand and ors. Vs. Suraj Parkash and ors.

Court : Jammu and Kashmir

..... " it was not the case of the employer that the right to compensation was taken away under sub-section (5) of section 3 because of the institution of a suit in a civil court for damages, in respect of the injury, against the employer or any other person. ..... become liable to pay the compensation when the personal injury caused to the workman by an accident and that payment could not be deferred until such time it was adjudicated upon by the commissioner under section 19 of the act of 1923, leaves no room for this court but to follow the law laid down in narian singh deo s case a decision handed down by hon ble bench of hon ble four judges of hon ble supreme ..... (b) bench comprising of hon ble three judges of hon ble supreme court in kerala state electricity board s case, while relying upon partap narain singh deo s case, have taken the same view. ..... shrinivas sabata and another (respondents) reported in air 197.supreme court 222, rendered by bench comprising of hon ble four judges of hon ble supreme court; kerala state electricity board and another petitioners v. ..... the decision of the full bench of the kerala high court, to the extent it is in accord with the judgment of the larger bench of this court in pratap singh narain singh deo v. ..... bench comprising of hon ble three judges of hon ble supreme court in kerala state electricity board s case have categorically stated that view expressed by bench of two judges in neelakandan s case is not correct. .....

National Insurance Co. Ltd. Vs. Abdul Karim and ors.

Court : Jammu and Kashmir

Reported in : AIR2007J& K39

..... kerala high court that the claims tribunal would not have jurisdiction of a civil court while determining claim of compensation in respect of damages to any property of a third party, i say, with utmost respects to the learned judges constituting the bench of kerala high court, would be doing violence to section 165 of the motor vehicles act ..... of accidents involving damages to any property' make it very clear that the intention of the parliament was to deprive the civil court of its jurisdiction to decide the question pertaining to the basic pecuniary losses in relation to torts concerning property. ..... terms of section 169 of the motor vehicles act, 1988, read with rules 324 and 325 of the jammu and kashmir motor vehicles rules, is vested with all the powers which a civil court has while trying a civil suit. ..... expression 'damages' to any property of a third party occurring in the last line of section 165(1) of the motor vehicles act, 1988, too refers to a claim for compensation and, thus, two yard-sticks, as held by kerala high court, cannot be contemplated so as to determine claim for compensation in respect of accident involving the death of, or bodily injury, to persons and in respect of claim of compensation for damages to any property of a third ..... has the choice of filing the claim petition before the tribunal and it has the jurisdiction to decide the petition and make an award and in such a case the civil court would have no jurisdiction in view of section 110f of the act. .....

Sushant Bakshi. Vs. Manju Ghosh.

Court : Jammu and Kashmir

..... as 1998 supreme court, 128, prashant goel versus state and another, reported as 2007 (1) criminal court cases, 838 (delhi), gautam saikia versus diganta sarmah, reported as 2009 (1), civil court cases, 132 (gauhati), sajjan kumar jhunjhunwala and others versus m/s eastern roadways private limited, reported as 2007 (3), civil court cases, 203 (karnataka), m/s keciyo coconut oils private limited and others versus state of kerala, reported as 2002 ..... entertained as a matter of course and without complying with the provisions of the proviso appended to section 142(b) of the act, which, in unambiguous terms, requires the court to record satisfaction that the complainant had sufficient cause for not making the complaint within the period prescribed under section 142.16 ..... respondents complaint, the respondents learned counsel sri navneet dubey would say that there being no provision in the negotiable instruments act, 1881 contemplating opportunity of hearing to an accused before considering the issuance of process, the petitioner was not required to be heard by the court while considering the complainants plea for condonation of delay in filing the complaint and issuance of process thereon, and in ..... seeking condonation of delay, which had occasioned in filing the complaint beyond the period prescribed under section 142 of the negotiable instruments act, it was stated in the complaint that the complainants husband had met with an accident and her infant daughter taken seriously ill at .....