Court : Kerala
Reported in : 1952CriLJ930
..... a criminal case. bennet, j., observed thus in that case:i am of opinion that review is a definite method of procedure and that if the legislature intended by the amending act, act 18 of 1923, to make a provision in the code for a review there would have been a definite section dealing with a right of review and laying down the ..... which the high court is already in possession. we have given above the authority for holding that the high court possessed no inherent power to review its judgment before the amendment of 1923. consequently, it cannot be said that section 561-a either modifies the provisions of section 369 or clothes the court with any fresh power.19. the learned ..... except as provided under sections 395 and 484 or to correct a clerical error.it was by the amendment of 1923 that the high court also was brought within the scope of the section, except in the case of powers conferred by letters patent. section 561-a was also inserted in the code only in 1923.8. reference is made in .....
Tag this Judgment!Court : Kerala
Reported in : 1953CriLJ966
..... mad. 659 at page 660 (o), quoting from mitra's commentary on the criminal procedure code. the use of expression 'while acting' etc. in section 197, criminal p.c. (particularly its introduction by way of amendment in 1923) has been held to lend some support to this view. while i do not wish to ignore the significance ..... unavoidable trespass into the region of excess of justifiable authority by a police officer in the purported exercise of his functions. on the other hand the acts imputed if proved would amount to a contradiction of official duty involving the inevitable result of bringing police officers and administration into contempt. on the allegations ..... unless government sanctioned the initiation of proceeding as required by section 197(1), the privilege of immunity from prosecution without sanction will extend also to the acts accused 1 did against the complainant during the night. we are afraid there is absolutely no warrant for the contention. assuming that the incident complained of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker398
..... other courts but it is unnecessary to refer to the decisions cited on the point as the position was not controverted. however the respondents rely on an amendment to section 62 by act 20 of 1988, madras which introduced a sub-clause as sub-clause (d) which is in these terms :'in such circumstances as may, in ..... inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted ..... the instant case is in point -- where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior count or tribunal of first instance is so patent and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. if an .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker35
..... different, as, on the merits of the case, the order sought to be quashed, was found to be perfectly valid and supportable, by reason of an amendment introduced in the act by the madras state government.6. it remains to dispose of the second preliminary objection, that the petitioner, by its having made the application of the 21st ..... any, the particular temporary need was. i am, therefore, of the view, that this is a case in which the 1st respondent has acted, in patent and total disregard of the provisions of the act and in excess of his powers and therefore the first preliminary objection cannot stand. the case of 1959 ker lt 405: (air 1959 ..... is one of policy, convenience and discretion, rather than a rule of law. their lordships observed:'if an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accented .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker345; [1961]42ITR631(Ker)
..... we would refer to commissioner of income-tax v. rayalaseema oil mills : [1959]37itr208(ap) where it has been held that section 44 of the income-tax act, before the amendment in 1958, did not empower levy of penalty under section 28 on a firm that had been dissolved. it follows that the fiction of treating the legal representative as ..... 16(1)(c), 18(7), 40(1) and 42; and the difference between the liability created under the sections from the one under section 24b (1) is patent. under the last mentioned subsection the heir is only liable to pay tax from the assets of the deceased in hands.it follows that there are two liabilities; one is ..... of treating the executor, administrator or other representative of the deceased as assessee is only for the limited purpose of assessment, and all the provisions of the income-tax act for enforcing the liability are not extended. in other words the duty of the executor or administrator still remains and legal representative does not become an assessee. the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker226
..... appeal. this limit has undergone a change by the recent amendment of section 13 of the kerala civil courts act, brought about by the passing of the kerala civil courts (amendment) act, act xii of 1959.by section 4 of the amending act, the pecuniary limit of rs. 7,500 provided for in the main act (act i of 1957), was raised to rs. 10,000. ..... as at present advised i consider that theonly vested right is the right of appeal. thatis conferred by clause 11, letters patent, readwith ss. 96 and 100, civil p. c. those rightshave not been touched by the amended rule:the appellant had a right to appeal to this courtand that has not been affected, but in my judgment he had ..... by the rules framed by the respective high courts by virtue of the powers granted by the letters patent pertaining to such courts. this rule-making power of the high courts was preserved by section 223 of the government of india act, 1935. so far as the state high courts were cornered, the exercise of the jurisdiction and powers .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker166
..... agreed, that for allotting shares to plaintiffs 2 and 3 the consent of the first defendant is not needed, in view of the provisions of the madras marumakkathayam (amendment) act, 1958.11. we therefore dismiss a. s. 354 of 1953. (m) with the direction, that the costs of the plaintiff's legal representatives in this ..... until perhaps they were relaxed in the case o the malabar district quite recently, by section 9 of the madras marumakkathayam (amendment) act, 1958 replacing by a new provision, sec. 38 of the madras marumakkathayam act, 1932, which conferred originally the right of partition.the provisions of the travancore and cochin-statutes still remain unamended. the ..... nair and the plaintiffs three sons, separated themselves from the tarwad, leaving the rest of the members to continue as joint.5. in the appeal under letters patent, the two sons of the first defendant therein who had separated, had claimed their individual shares in their written statement; this was so adjudged in the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker6
..... of 'future rent.' he contended 'the clause in the decree directing deposit of future rent is not in conformity with the judgment and consequently the decree is liable to be amended by deleting the said clause'. the learned munsiff by his order dated 17th january 1957 allowed r.i.a. observing : 'i must however state that in passing such ..... just referred to the contents of the decree before he presumed any mistake therein and went on to correct the decree on such an assumption, this error which is so patent on the face of the record, would not have been committed. he has overlooked the provisions of order 20 rule 3 of the code of civil procedure, and ..... (4) for costs and interest. the judgment was to the effect:-- 'contentions not pressed. there will be a conditional decree as prayed for with two months' time under act 1 of 1955. amounts deposited will be credited towards the first instalment.'6. the decree quoted above is strictly in conformity with the judgment read along with the plaint and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1967Ker108
..... -2 appellate order, the super lax imposed was cancelled on the ground that section 66 of the agricultural income-tax act. 1950, did not apply to namboodiri families. since then, the agricultural income-tax act was amended by act 12 of 1964 with retrospective effect enabling the imposition of super-tax also on namboodiri families. so, a notice was ..... in the literal sense of the word. that order was and continued to he liable to be modified under section35 of the act.'3. section 35 of the indian income-tax, act, 1922, is the provision which enables corrections being made of patent errors. there is also a section similar to that in the agricultural income-lax ..... act, 1950, which is section36. section 35 of the agricultural income-tax act, 1950, enables the imposition of lax on escaped income as well as .....
Tag this Judgment!Court : Kerala
Reported in : [1967]66ITR250(Ker)
..... supreme court decision in s. a. l. narayan row v. ishwarlal bhagwandas. the main point decided therein is about the legal effect of the amendment introduced to section 18a of the indian income-tax act, 1922, by act 25 of 1953, with effect from 1st april, 1952, by the introduction of the fifth proviso to section 18a(6), which i have already ..... part of it has been satisfied, the income-tax officer would have had no discretion and the order omitting to charge interest under section 18a(6) would, therefore, be patently erroneous.before dealing with this argument i may also refer to the decision in lata mangeshkar v. union of india. it is not clear from the report in that judgment ..... section is imperative that interest should be charged in the assessment order and that from the mere fact that no interest has been charged in the assessment order it is patent that an error has been committed. i do not think this argument is sound. interest to be added to the tax must be calculated in the manner laid .....
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