Judgment Search Results Home > Cases Phrase: majority act 1875 Court: kerala Page 1 of about 3,077 results (0.051 seconds)

Cholamarakkar Vs. Pathummamma and anr.

Court : Kerala

Reported in : 2008(3)KLJ429

..... the application to such person explanation - for the purposes of this chapter,-(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself, a magistrate of the first ..... to pay maintenance under the provisions of the muslim women (protection of rights on divorce) act, 1986 is not limited to two years of age, the supreme court held that in the case of children, they are entitled to claim maintenance till they attain majority in case they are unable to maintain themselves and in the case of females, till they ..... majority or are able to maintain themselves, whichever is earlier, and in case of females, till they get married, and this right is not restricted, affected or controlled by divorce wife's right to claim maintenance for maintaining the infant child/children in her custody for a period of two years from the date of birth of the child concerned under section 3(1)(b) of the 1986 act .....

Priyesh Vasudevan Vs. Shameena

Court : Kerala

Reported in : 2005(4)KLT1003

..... , 'minor' is defined under section 2(e), which reads as follows:'(e) 'minor' means any person subject to the indian majority act, 1875, who has not attained his majority within the meaning of that act, and any other person who has not completed the age of eighteen years; and 'minority' means the status of any such person;'section 7 of the indian succession act provides that the domicile of origin of every person of legitimate birth is in the country in which at the ..... 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 case of inheritance ..... out in the above three decisions of the madras, bombay and allahabad high courts, namely, : air1951all630 , already cited, and their lordships have sufficiently demonstrated in those three decisions that there is nothing in the indian majority act or in the indian limitation act either, which conflicts with the view that a child in the mother's womb is a person in existence and is a minor. .....

Kavungal Kooppakkattu Zeenath Vs. Mundakkattu Sulfiker Ali

Court : Kerala

Reported in : 2008(3)KLJ331

..... - for the purposes of this chapter,-(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority:(b) 'wife' inc ludes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... neglects or refuses to maintain-(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormally or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of such neglect or refusal, order ..... but 'refusal' means, 'an act of saying or showing that you will not do or accept something which is offered'. .....

Anagha Prasad Vs. M.C.Abu

Court : Kerala

..... by section 3 of the indian majority act, 1875 that all persons domiciled in india shall attain the age of majority on his completing the age of ..... vol.li allahabad 164) considered a case where a minor borrowed a sum of money executing a simple bond and after attaining majority, he executed a second bond in respect of the loan crl.mc nos.3805, 3806 & 3807/2013 11 then existed plus ..... -lender who has advanced money to a minor on the security of the mortgage is not entitled to repayment of the money on a decree being made declaring the mortgage invalid; sections 64 and 65 of the contract act being based on there being a contract between competent parties, and being inapplicable to a case where there is not, and could not have been, any contract at all." 10. ..... at the following findings: a minor, who had drawn a cheque, which is dishonoured for want of funds in the account after his/her attaining majority, is exempted from prosecution because the cheque is one without consideration. ..... further, the crl.mc nos.3805, 3806 & 3807/2013 18 offence under section 138 ni act will be attracted only on dishonour of a cheque drawn by a person on an account maintained by him with the banker for payment of any amount of money to another person to discharge, in ..... very pertinent aspect to be noted here is that what is made punishable under section 138 ni act is the dishonour of a cheque drawn by a person in the name of another for the discharge, in whole or in crl.mc nos.3805, 3806 & 3807/2013 6 part, of any .....

Amina Vs. Hassan Koye

Court : Kerala

Reported in : 1985CriLJ1996

..... to in clause (b) to make such allowance until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.explanation - for the purposes of this chapter:(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has ..... his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon ..... 731, a division bench of this court relying on 1954 ker lt 249 : air 1954 trav-co 432 and air 1932 bom 356 held that as the great majority of muslims in india follow the hanafi school of sunni law, the courts presume that muslims in india follow the hanafi law unless the contrary is alleged and proved ..... , in cases of difference of opinion among the jurisconsults imam abu hanifa and his two disciples qazi abu yusuf and imam muhammad, the opinion of the majority must be followed; and, in the application of legal principles of temporal matters, the opinion of qazi abu yusuf is entitled to the greatest weight. .....

Raman Pillai Gopala Pillai and ors. Vs. Madhavan Pillai Aiyappan Pilla ...

Court : Kerala

Reported in : AIR1959Ker235

..... learned counsel for the respondents referred to the legislative history of the deeming provision in s, 2 of the travancore majority act, 'every person domiciled in travancore shall be deemed to have attained his majority when he shall have completed his age of eighteen years and not before', and said that it reflected the position even as regards persons who had completed 16 and had not attained 18 when the act came into force. ..... now the travancore majority act 7 of 1099 prescribing 18 as the age of majority came into force only a few months after ext ..... the argument was that this exception will, if at all, affect only the acts of the minor (but major under other law) and not those to which others than he are parties. ..... we are concerned in this appeal with only one of the grounds put forward in the court below for invalidating the prior partition arrangement to which all the majors for the time being were parties and evidenced by ext. m. ..... that is to say, that the 1st plaintiff, who according to the plaintiffs was in fact a major, was dealt with as a minor under ext. m. ..... the capacity of any person who before this regulation comes into force, has attained majority under the law applicable to him. ..... ' the common law age of majority, so the argument ran, must therefore govern the capacity of parties for purpose of joining in ext. ..... arising from the personal non-participation therein of the 1st plaintiff, the question depends on whether she had attained majority on 5-6-1099 the date of ext. m. .....

State of Kerala and anr. Vs. Venmony Panchayat and anr.

Court : Kerala

Reported in : AIR1987Ker8

..... springs, reservoirs, tanks, cisterns, fountains, wells, kappus, chals, standpipes and other water-works (including those used by the public to such an extent as to give a prescriptive right to their use) whether existing at the commencement of this act or afterwards made, laid or erected and whether made, laid or erected at the cost of the panchayat or otherwise, and also any adjacent land (not being private property) appertaining thereto shall stand transferred to, and vest ..... 'the case dealt with by the learned single judge arose out of a suit that was instituted prior to the amendment to section 82 of the act, which was brought about by ordinance 11 of 1975 and substituted by act 3 of 1976, as could be verified from the records of the said case, which we called for during the course of the hearing of this ..... with great respect, it is not possible to agree with the observations of the learned single judge that merely because a particular river is a major river that it does not stand transferred to and vest in the panchayat under section 82 of the act.4. ..... no reasons have been assigned for this inference of the learned single judge, and, therefore, with great respect, it is difficult to agree with the view taken by the learned single judge that because baliapattam river is a major river that it does not vest in the panchayat under section 82 of the act. ..... the learned single judge further observes that a major river such as the baliapatam river, does not fall under section 82 of the act. .....

K.V. Rajan Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2003]133STC598(Ker)

..... who, not being a dealer in motor vehicles, had purchased a motor vehicle for his own use in any union territory or any other state, then the tax payable by him under this act shall, subject to such conditions as may be prescribed, be reduced by the amount of tax paid, if any, under the law relating to general sales tax in force in that union territory or state ..... an importer who, not being a dealer in motor vehicles, had purchased vehicles for his own use in any union territory or any other state, then the tax payable by him under this act shall be reduced by the amount of tax paid, if any, under the law relating to general sales tax in force in that union territory or state.7. ..... the general scope of the affirmative words which give the power, and if it violates no express conditions or restrictions by which that power is limited (in which category would, of course, be included any act of the imperial parliament at variance with it), it is not for any court of justice to inquire further, or to enlarge constructively those conditions and restrictions. ..... to declare that section 3 of the kerala tax on entry of motor vehicles into local areas act, 1994 (act 15 of 1994) (hereinafter mentioned as 'entry tax act') and rule 4 of the rules framed thereunder are ultra vires and violative of the constitution ..... the supreme court by a majority of 4 to 3 held that the act was valid and dismissed the appeal filed against the ..... majority of 4 of 1, the supreme court upheld the challenge and declared the act .....

Apl (India) Pvt. Ltd. Vs. Chairman, CochIn Port Trust and Others

Court : Kerala

..... by the port are in respect of the goods kept in the containers, for which the port is entitled to charge demurrage on the uncleared cargo as provided under section 48(1)(d) of the major port trusts act; but not any ground rent charges, the container being only a device for the purpose of storage of cargo and the retention is only due to failure to clear the cargo and not due ..... asserted that the port trust was not justified in not destuffing the goods from the containers pursuing further steps within the stipulated time as provided under section 61 and 62 of the major port trusts act (as enhanced to 75 days as per the relevant tamp orders) while continuing to collect the ground rent charges on the containers from the running accounts maintained by the steamer agents ..... it was pointed out that the appellant, by their letter dated 12-2-2000 called upon the port to sell the cargo as per the provisions of the major port trusts act, 1963, but no action was taken by the port to destuff the containers and sell the cargo, which is contrary to the statutory duty on the port to sell the ..... with reference to sections 61 and 62 and the contents of the relevant tamp orders issued by the tariff authority for major ports, which is a statutory body constituted under section 47a of the major port trusts act, it is contended that the said liability can never exceed beyond 75 days and therefore there is no justification in raising further demand by the port trust and that the amount already collected .....

Collector of Customs Vs. State of Kerala

Court : Kerala

Reported in : 1993LC383(Kerala); 1993(66)ELT351(Ker)

..... sub-section (3) of the section in turn prohibits a person other than a registered dealer from collecting any amount by way of tax under the act but the central government, the government of kerala or the government of any other state in india or any local authorities shall in respect of any sale effected by them be entitled to collect by way of tax the ..... it will be advantageous at this stage to extract the relevant clauses of the definition of the expressions 'business' and 'dealer' in the kgst act, as also article 285(1) -'2(vi) 'business' includes :-(a) any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture, whether or not such trade, commerce, manufacture, adventure or concern is carried or with a ..... railway (1989) 74 stc 5, the tribunal held that the collector was 'dealer' as that expression was defined in the bengal finance (sales-tax) act, 1941 (as in the kgst act) and that he is a person who carries on the business of selling goods in west bengal. ..... authorities of the state of kerala, on the other hand contend that after the addition of explanation 2 to the definition of dealer in section 2(viii) of the kgst act, by the amending act 3 of 1968, the central government and the state government are deemed to be dealers for the purpose of the act, irrespective of whether they effected sales in the course of business or not. ..... ) 34 stc 73 (sc), stands entrenched as established law by the majority view in the sea customs act case. .....