Court : Kerala
Reported in : AIR1958Ker111
..... of a member of a hindu family who is sui juris to separate himself in estate and interest by declaring this intention was thus stated by sir george lowndes in bal krishna v. ram krishna, 58 ind app 220 at p. 224 : (air 1031 pc 154 at p. 155) (q). it is now settled law that a ..... judges and each of the remaining five cases by full benches of three judges.these decisions while recognising that the change in the marumakkathayam law introduced by the nayar acts made the doctrine ofseverance of status applicable to nayars sought to introduce limitations to that doctrine unknown to hindu law.3. the decisions mentioned above and several division ..... date divided in estate. such an intention amounts to a valid separation, though not immediately perfected by an actual partition of the estate by metes and bounds. the acts and declarations of sohun singh, showing an unmistakable intention to hold and enjoy his own estate separately and to renounce all rights upon the shares of his co-parceners, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker27
..... up to the new law of the constitution and the spirit of the times. religious and charitable transfers stand on a different footing.16. the shariat act, 1937 (act 26 of 1937) provides for the application of the personal law in regard to various matters like marriage, succession, dower, guardianship, gifts, trust and trust ..... requisites of a valid muslim gift, of declaration, acceptance and vesting of possession have been complied with.7. section 17 (1) of the indian registration act enumerates the documents which shall be registered and includes therein 'instruments of gift of immovable property'. counsel for the respondent, supporting the view taken by the courts ..... is inadmissible in evidence to speak to a gift on account of the embargo contained in section 17(1)(a) and section 49 of the indian registration act. an interesting argument has been addressed that, muslim law notwithstanding all gifts by mahomedans must comply with the legal requirements prescribed by the general law applicable .....
Tag this Judgment!Court : Kerala
Reported in : (1978)IILLJ305Ker
..... been effected between the state bank of travancore and the employees' union, which, although not legally binding, had been accepted and acted upon as eminently fair and reasonable, and that this would be a circumstance to decline interference in writ jurisdiction.7. the learned advocate general appearing for the writ ..... certainly not amenable to correction under article 226 of the constitution ; that the statutory finality of the reserve bank's decision both under the provisions of the act and the scheme framed thereunder would preclude interference; and finally, that a settlement dated july 31, 1968, shown at page 88 of the paper book had ..... bank (referred to as the ' transferee-bank '). the two banks were amalgamated with effect from february 8, 1954. section 45, clause (4) of the banking regulation act, 1949, contemplates the preparation of a scheme for amalgamation. ex. p-1 is a copy of such scheme prepared by the appellant. the material provisions of the scheme .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker86
..... not be interpreted in a mechanical way so as to defeat justice or prevent people from following rules of law in a reasonable way. we are concerned with several acts required to be done in connection with the promissory note, namely, writing, signing, affixing stamps, cancelling it and delivering the same to the promisee. cancellation is ..... and does not contain words, prohibiting transfer or indicating an intention that it shall not be transferable. a reading of sections 4 and 13 of the negotiable instruments act makes it clear that a document, if it otherwise satisfies the definition of promissory note, will not cease to be so merely because the words 'toorder' are ..... reasons, viz., that they do not mention the 'promisee' and they are not executed to the 'order' of the payee. section 4 of the negotiable instruments act defines promissory note as an instrument in writing (not being a banknote or a currency note) containing an unconditional undertaking signed by the maker to pay a certain sum .....
Tag this Judgment!Court : Kerala
Reported in : [1990]186ITR617(Ker)
..... misbehaviour levelled against the authorised officers. in the absence of any proof of these allegations, the argument that the authorised officers, in the conduct of the search, acted mala fide is liable to be rejected. i accordingly reject the same.13. the original petition, for the reasons stated above, is dismissed, but, in the ..... when serious allegations of improper behaviour and misconduct are made against the officers. as already observed, the officers who conducted the search have asserted that they acted in good faith and in discharge of their official duties and not for any collateral purpose. the commissioner of income-tax has also denied the said allegations ..... of income-tax, kerala, who is the first respondent in this original petition, issued an authorisation to conduct a search under section 132 of the income-tax act, 1961, in the business premises of the first petitioner-firm.....' 7. for this reason alone, the search is liable to be declared illegal.8. the commissioner .....
Tag this Judgment!Court : Kerala
Reported in : AIR1997Ker59
..... state electricity board and the forest department and social ferestry wing. kerala state electricity board, a state owned undertaking, was constituted under the electricity supply act, 1948 for carrying out the generation, transmission and distribution of electricity within the state. idukki hydro electric project being one of the biggest in the state ..... that their request cannot be accepted since the trees proposed to be cut and removed are for non-forestry purposes. it is stated as per forest conservation act, 1980, prior approval of the government is necessary for clearance of forest tree growth. the divisional forest officer, therefore, directed the board to approach the ..... 5. under the above mentioned circumstances, board was constrained to move district collector and district magistrate, trichur, under section 18(3) of the indian electricity act. district magistrate passed ext. p7 order dated 22-9-1989 stating that there can be no objection to the felling of the plantations so as to .....
Tag this Judgment!Court : Kerala
Reported in : (1999)ILLJ1280Ker
..... found that undisputably the commercial banks and rrbs carry on similar banking business and participate in the development of rural economy as partners in rural development, acting as instrumentalities of the state in accordance with the directive principles of the constitution and that the rrbs have brought a socio economic reformation in the ..... of the employees of the state government and the local authorities of comparable level and status in the notified area.(2) notwithstanding anything contained in the industrial disputes act, 1947, or any other law for the time being in force, no award, judgment, decree, decision or order of any industrial tribunal, court or other ..... of business organisation, ability to mobilise deposits, access to central money markets and a modernised outlook which the commercial banks have. section 3 of the act deals with the establishment and incorporation of rrbs. the central government may if requested so to do by a sponsor bank by notification in the official .....
Tag this Judgment!Court : Kerala
Reported in : (1999)157CTR(Ker)440
..... is entitled to depreciation applicable to the buildings. pursuant to the answer given by this court, the second respondent gave effect to it under section 260 of the income tax act by order dt. 19th may, 1997.3. it appears that subsequently, the full bench considered the question whether a theatre was a plant and by judgment dt. 11th march ..... another assessee. in this view of the matter, we hold that the order passed by the tribunal on 19th may, 1997, under section 260(1) of the income tax act, does not suffer from any mistake apparent on record warranting rectification.'4. shri p.g.k. wariyar appearing for the petitioner submitted that it is axiomatic that a subsequent ..... law. the question is whether on the basis of the full bench decision can the tribunal compel to change its judgment under section 260(1) of the income tax act, which is stated thus'the high court or the supreme court upon hearing any such case shall decide the. questions of law raised therein, and shall deliver its judgment .....
Tag this Judgment!Court : Kerala
Reported in : (2001)ILLJ1458Ker
..... labour system. though the legislature has expressly not mentioned the consequences of such abolition, but the very scheme and ambit of section 10 of the act clearly indicates the inherent legislative intent of making the erstwhile contract labourers direct employees of the employer on abolition of the intermediary contractor.'it was over ..... continuously and that work had to be: continued. in similar other establishments such work was being conducted directly under the establishment concerned. the employer was acting in terms of the provisions contained in section 10, protecting the interest of the contract labour and the contract workers were being employed through the contractor ..... in terms of the notification. naturally that settlement will have no legal efficacy in terms of the provisions contained in section 30(1) of the act; even though under normal circumstances a settlement reached between the workmen and the management cannot be challenged in a proceeding under article 226 of the .....
Tag this Judgment!Court : Kerala
Reported in : III(2004)ACC323; 2005ACJ259; 2004(2)KLT954
..... to victims of accidents caused by use of motor vehicles. the provisions of compulsory insurance coverage of all vehicles are with this paramount object and the provisions of the act haven to be so interpreted as to effectuate the said object.(ii) insurer is entitled to raise a defence in a claim petition filed under section 163a or section ..... insurance company is liable if the insured vehicle was driven by a person having only a learner's licence. the apex court held as follows:'learner's licence:motor vehicles act, 1988 provides for grant of learner's licence. (see sections. 4(3), section 7(2), section 10(3) and section 14). a learner's licence is, thus, ..... question in issue was considered by a three-member bench of the supreme court recently with respect to the accident that occurred after coming into force of the motor vehicles act, 1988. in national insurance co. v. swaran singh and ors., 2004 (1) klt 781 = (slp (c) no. 10017 of 2003 and connected cases, alongwith many issues in that .....
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