Court : Kerala
Reported in : AIR1984Ker229
..... proper that such a provision be interpreted with reasonable elasticity so as to subserve and advance the cause of justice, sub-section (3) introduced by amending act 104/76 has also expressly introduced the rule of substantial compliance. these considerations cannot wholly govern the construction of section 20 of the land acquisition ..... manual is also silent on the question, it is unnecessary to finally pronounce on this question.14. the right to property was a fundamental right till the 44th amendment of the constitution. even when articles 19(1)(f) and 31 were there in part iii, there were judicial observations that it was the weakest of all ..... compliance may be sufficient in these regions of form, but compliance there must be, intelligible and clear. it cannot be a matter of pure conjecture, of supplying patent omissions, or of discovering something where nothing exists. this is the limit within which the quaint dichotomy of strict law and liberal construction could be preserved.12. counsel .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker241; 2005(2)KLT115
..... and 227 of the constitution.2. interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.3. certiorari, under ..... drawn process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent.7. the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience ..... based on clear ignorance or utter disregard of the provisions of law, and (iii) a grave injustice or gross failure of justice has occasioned thereby.6. a patent error is an error which is self evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long- .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker214
..... and inadvertent statements lending colour to the plea that the suit is one under section 53 of the t. p. act and that the impugned gift deed is fraudulent transfer. under these circumstances he prayed for permission to amend the plaint and delete the prayer centering round fraudulent transfer and make the suit one, solely under order 21, rule ..... behalf of the general body of creditors. of course, the learned appellate judge has dealt with the other question also; but his approach to the other questions is patently wrong and the conclusions drawn are unsustainable on the facts proved in the case.7. the plaintiff was the 2nd defendant's first wife (of course her status as ..... mortgage was released under ex. d-7 and then also the consideration was paid by both of them jointly. over and above these features there is also the patent fact that the 2nd defendant is still residing in the property and for all practical purposes he is in enjoyment of the usufructs from the property. it is difficult .....
Tag this Judgment!Court : Kerala
Reported in : 2006CriLJ3843; 2006(2)KLT1001
..... 's case a division bench of the calcutta high court has considered the meaning of the word 'evidence' in section 207a of cr.p.c. 1898 (amended by act xxvi of 1955). it was held that ail documents which are produced for inspection of the court fall within the definition of evidence and therefore the, documents ..... directed to conduct further investigation under section 173(8) of cr.p.c.3. the cbi conducted further investigation and filed a final report on 30.8.2005. the counsel for the father of the deceased raised objection to the third report also. the learned chief judicial magistrate heard the standing counsel for the cbi ..... 209, the magistrate is not conducting the enquiry. it was held as follows:.proceedings beforeamagistrateunders. 209cr.p.c. are patently nottrial proceedings and were never considered so at any point of time historically. before the amendment of the code of criminal procedure in the present form, commitment proceedings had the essential attributes of an inquiry and .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker328; 2005(3)KLT556
..... ) of rule 32 of order xxi can be invoked for enforcing prohibitory decrees as. well. the statement of objects and reasons to the code of civil procedure (amendment) act, 2002 makes the position clear that the explanation to rule 32 was added on the basis of the report of law commission and that this ..... a technical ground that a decree for prohibitory injunction cannot be enforced in the manner prayed for by the decree holder. the decision of the executing court is patently illegal and without jurisdiction which requires to be corrected by this court in the exercise of jurisdiction under section 115 of the code of civil procedure.21. a ..... died and his son was impleaded as the legal representative. the executing court, after remand, dismissed the execution petition on the ground that the benami transactions (prohibition) act came into force after the decree and the decree holder is not entitled to the reliefs in the execution petition in view of the subsequent legislation. again, the decree .....
Tag this Judgment!Court : Kerala
Reported in : 1988CriLJ336
..... archbold's pleading, evidence and practice in criminal cases (41st edn., 1982) was misleading and observed that . 'the editors might like to consider making the necessary amendments to that.')8. as for india, the pace of parliamentary activity on the arms law had not been as brisk as in england. the first legislation on arms ..... of concentration in the perfection of the shooting rifle. the british army used it in more wars than one. the recognition of his contribution is reflected in the patenting of the rifle after his name - armstrong's rifles. (see a history of our own times, from the diamond jubilee 1897 to the association of edward vii ..... reference to the legislative exercises in england after the fire arms act of 1920 would indicate how parliament had been alive to plug the loopholes in the working of that act. the act had been amended in 1937. a comprehensive enactment was brought into force under the fire arms act, 1968. even in relation to other offensive weapons, the parliament .....
Tag this Judgment!Court : Kerala
Reported in : [1996]221ITR882(Ker)
..... tissue-culture technology. reference was also made to the proceedings before the general body meeting, the memorandum and articles of association being required to be amended in connection therewith in support of the contention that the business of dealing in vegetation plants that require application of tissue-culture technology had already commenced ..... research and development and any product was manufactured using the technology.'7. this would show that the first appellate authority also did not see the realities patent on the face of the record and expected an independent product which is a by-product of the use of the scientific technology.8. it must ..... examining the process, the tribunal has characterised the question relevant for the purpose of consideration of application of statutory provisions of section 35(1) of the act, being as to whether the scientific research undertaken and carried out by the assessee known as micro propagation could be considered as related to the business .....
Tag this Judgment!Court : Kerala
Reported in : (2008)11VST709(Ker)
..... stand in the way of realisation of penalties in accordance with validating provisions of section 9(2) of the amending act. it was held that sub-section (2a) of section 9 of the act and section 9 of the amending act are adequate enough to assess and realise penalty with effect from january 5, 1957 as contemplated therein. the second ..... legislative function by parliament;3. that the provision giving retrospective effect to sub-section (2a) of section 9 of the act and the provision validating all the penalties levied prior to the coming into force of the amending act are violative of clause (1) of article 20 of the constitution;4. that the levy of penalties with retrospective ..... powers contained in the provision of section 9(2), 9(2a) and 9(2b) of the cst act are in violation of the provisions of articles 258(2) and 265 of the constitution. counsel also points out the patent illegality in giving retrospective effect to the validation provision by way of validation, which in effect reopen 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 : (2002)173CTR(Ker)336; [2002]253ITR553(Ker)
..... . in this context, we find that the definition in the section is not helpful. therefore, the reference to 'turnover' as defined in the kgst act pursuant to the constitution (46th amendment) act has significance. the turnover on works contract defined in explanation 1(a)(i) to section 2(xxvii) is as follows :'turnover in respect of works ..... tribunal. we have no doubt in our mind that the income from the construction division is not the 'turnover' and, therefore, the finding of the tribunal is patently untenable. the question to be addressed is what turnover yielded this gross profit to the assessee. in that view of the matter, we feel that the turnover to ..... 42,64,590 which is obviously more than the gross profit from the sea foods division is patently untenable. however, we feel the assessing officer did not strictly comply with the formula provided under section 80hhc(3) of the act for the purpose of computation of eligible profit from export business. this is because the assessing officer .....
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