Court : Kerala
Reported in : 2005(4)KLT361
..... the intention of the voter. court held that the ballot paper shall not be rejected as invalid if it is reasonably possible to gather a definite indication from the marking so as to identify the candidate in favour of whom the vote had been intended to be given.8. the act 11 of 1999 also introduced pare materia provisions ..... not a defect of substantial character. apex court in s. sivaswami v. malaikannan and ors., : [1984]1scr104 held that the rejection of ballot papers should not be made if marking on ballot paper is indicative of identity of the candidate for whom vote is cast. court held that the essence of the principle incorporated in the rule is that so ..... long as the ballot paper bears a mark made with the instrument supplied for the purpose, the ballot paper shall not be rejected as invalid, if it is reasonably possible to gather a definite indication from the .....
Tag this Judgment!Court : Kerala
Reported in : 1988(15)ECC146; 1988(15)LC9(Kerala); 1988(34)ELT571(Ker)
..... notification in the official gazette, specify,'2.the notifications issued by the central government in exercise of the powers conferred by the above provisions were neither produced nor marked by prosecution before the lower court in this case. accepting the contention raised by the counsel for the respondents, the learned magistrate took the view that the ..... two contentions on this aspect. the first contention is that there is no evidence to show that these goods were imported goods. the second contention is that marking on the goods cannot be relied as proof of goods being imported goods. the respondents themselves did not dispute that the articles were imported goods but they ..... that goods are imported. this court in the decision in venugopalan v. unnikutty paniker and ors. (1977 k.l.t. 1009) also took the view that the markings can be taken as evidence in considering the question whether the goods in question are imported. sadasivan, j. in asstt. collector of customs v. pratap rao salt .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker74; 1958CriLJ509
..... 4 affords strong indication that the stabbing incident took place while kunjootty was on the verandah itself. the report states that at the eastern end of the verandah blood marks were seen at several spots.a pen-knife, a match box, a few beedies, and a small photograph--all belonging to kunjootty -- were also seen lying scattered at ..... it is also seen that the court did not pass any order permitting these prior depositions to be used as substantive evidence under section 288. they were merely marked as exhibits. the result of adopting such a strange procedure has been the denial of an opportunity to the witness to explain the other statements occurring in his ..... with the requirements of section 145 of the evidence act. under that section, any particular statement given by the witness in writing or reduced into writing could be marked and used only for the purpose of contradicting a different version given by him at a subsequent stage. but if such prior statements have to be used as .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker144
..... little difficulty in regarding an application under order 9, rule 13 like, for example, an application under section 152 or 153 or order xlv1i, rule 1 of the code, as marking a stage of the suit. i think it is an application in the suit, and i am unable to appreciate why it should be regarded as an altogether. independent proceeding .....
Tag this Judgment!Court : Kerala
Reported in : 1988CriLJ1217
..... as proof of foreign origin. however, the supreme court in balumal jamnadas v. state of maharashtra : 1975crilj1862 and state of maharashtra v. natwarlal : 1980crilj429 relied on markings on the goods as a circumstance to infer that the goods are imported. this court in the decision in venugopalan v. unnikutty panicker 1977 ker lt 1009 : ..... contentions on this aspect. the first contention is that there is no evidence to show that these goods were imported goods. the second contention is that markings on the goods cannot be relied as proof of goods being imported goods. the respondents themselves did not dispute that the articles were imported goods; but ..... in the official gazette, specify.2. the notifications issued by the central government in exercise of the powers conferred by the above provisions were neither produced nor marked 'by the prosecution before the lower court in this case. accepting the contention raised by the counsel for the respondents the learned magistrate took the view .....
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