Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kerala Page 4 of about 4,038 results (0.058 seconds)

Varghese Vs. Mathew Simon

Court : Kerala

Reported in : 2010(1)KLT719

..... a4 the total disposition is in favour of the husband and under the indian succession act when they die without children they are only entitled to get half right of the property. ..... therefore the statutory mandate prescribed under section 63 of indian succession act are complied with. ..... the propounder of the will has the paramount responsibility to prove the will and if there are any suspicious circumstances surrounding the execution of the will it has to be cleared to the satisfaction of the court so as to act upon it. .....

K.M.Balan Vs. The District Collector

Court : Kerala

..... ( 2001 (8) scc710 held that since the limitation act 1963 has been made applicable to arbitration,having regard to the nature of disputes between the parties, the delay caused in filing an application can be condoned if the person making the application shows sufficient cause for ..... section 43 of the arbitration and conciliation act 1996, provides that the limitation act 1963 shall apply to arbitration as it applies to proceedings in court ..... would also contend that going by the provisions of section 3 g (6) of the national highways act 1956, the provisions of the arbitration and conciliation act 1996 are to apply to every w.p.(c). ..... the 21st day of august 2015 judgment this writ petition is filed challenging ext.p6 order of the district collector and arbitrator,(national highway) rejecting the application submitted by the petitioners under section 3 g (5) of national highways act, 1956 on the ground that it is barred by limitation.2. ..... : copy of the receipt issued by the1t respondent on receipt of the application made by the petitioners under section3(5) of the act, dtd.2.8.2013. ..... counsel appearing for the petitioner would urge that the time limit for preferring an application for referring a dispute to arbitration is not specifically provided under the national highways act 1956. ..... 30076 of 2013 :3: arbitration under the national highways act. ..... : copy of the order passed by the1t respondent dtd.4.11.2013 rejecting the application submitted by the petitioners under section3 (5) of the act. .....

The New India Assurance Company Ltd. Vs. Suganthi W/O. Late Mohanan,

Court : Kerala

..... (1) provides that the right to claim compensation under section 140 in respect of death or permanent disability of any person shall be in addition to any other right to claim compensation in respect thereof, under any other provisions of this act or any other law for the time being in force, except the right to claim under the scheme referred to in section 163a. ..... 50,000/- being no fault liability under the provisions of section 140 of the motor vehicles act, along with interest @ 7.5% per annum from the date of claim petition till payment.8 ..... all other claims are required to be determined in terms of chapter xii of the act.the hon'ble supreme court in that case found that in terms of the provision under section 163a, a distinct and specified class of citizens, namely, persons whose income per annum is ..... tribunal awarded compensation calculating loss of dependency under the structured formula in the second schedule of the act as provided in section 163a by limiting annual income of the deceased as rs. ..... yet another question arises as to whether a no fault claim under section 140 of the act is sustainable or not, in the case at hand. ..... referring to the various provisions in the act the hon'ble supreme court disagreed with the findings of a two judges bench decision in oriental insurance company ltd. ..... under section 163b of the act an option is provided to the claimants to seek compensation either under section 140 or under section 163a and prohibit filing of claim under both the sections .....

Fertilisers and Chemicals Travancore Ltd. Vs. T. Chandra Mohan Nair an ...

Court : Kerala

Reported in : (2001)ILLJ1458Ker

..... 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 ..... union, air 1997 sc 645: 1997 (9) scc 377 : 1997-i-llj-1113 that on issuance of a notification under section 10 of the act the contract labour system available in a company stood abolished and on such abolition a direct linkage is created between the contract workers and the ..... the view that the preamble would furnish the consequence of the abolition of the contract labour and held that, the act did not intend to denude them of the source of the livelihood and means of development throwing them out of employment' ..... even though what the workmen agitate is for a statutory right available in terms of the provisions contained in the act, that being a situation of denial of employment from out of a public sector undertaking, necessarily, the concept of ..... 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 ..... on the moment the notification was issued under section 10(1) of the act, the operation of the act ceases to have force so far a the establishment and the workmen therein are concerned; because there is .....

A.M. Prabhakaran and ors. Vs. Chithappa Sulaikabi

Court : Kerala

Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)

..... a building and includes:(i) the heir or heirs of a deceased tenant, and(ii) a person continuing in possession after the termination of the tenancy in his favour, but does not include a kudikidappukaran as defined in the kerala land reforms act, 1963 (kerala act 1 of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter house or of rents for shops has been fermed out or leased by a municipal ..... a building and includes:(i) the heir or heirs of a deceased tenant, and(ii) a person continuing in possession after the termination of the tenancy in his favour, but does not include a kudikidappukaran as defined in the kerala land reforms act, 1963 (kerala act 1 of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter house or of rents for shops has been farmed out or leased by a ..... a building and includes:(i) the heir or heirs of a deceased tenant, and(ii) a person continuing in possession after the termination of the tenancy in his favour, but does hot include a kudikidappukaran as declined in the kerala land reforms act, 1963 (kerala act 1 of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in public market, cart-stand or slaughter house or of rents for shops has been farmed out or leased by a .....

Sabu George S/O. George Vs. the Home Secretary and P.K. Ravi

Court : Kerala

Reported in : 2007CriLJ1865

..... the learned judges there observed: an offence is complete when the acts constituting it have been committed apart from whether any complaint or charge has been laid before the court or not ..... in the peculiar facts and circumstances of a given case when the high court considers it necessary, proper and fit and feels impelled and compelled to act in aid of justice, it should not be without powers and helpless. ..... (6) a high court or court of session acting in the exercise of its powers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section ..... 259 of 2007 are allowed. ..... 259 of 2007 was also filed by the petitioner/accused with a prayer that the sentence imposed on him may not be enforced in view of the subsequent composition, by invoking the powers under section 482 cr.p.c.4 ..... 259 of 2007 and crl.m.a ..... 259 of 2007. ..... - notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), every offence punishable under this act shall be compoundable. 8. ..... act because section 147 opens with the words 'notwithstanding anything contained in the code of criminal procedure, 1973 ..... act by the subsequent amendment in 2002 and the newly introduced section 147, which i extract below, declares that the offence under section 138 of the ..... act even after the conviction and sentence have become final after the judgments of the trial, appellate and revisional courts be accepted(ii) if so, which court is to accept the .....

Mohammed Kutty Vs. Mohammed

Court : Kerala

Reported in : III(2007)BC770; 2006CriLJ3601; 2006(3)KLT447

..... approached the counsel it was certainly incumbent on the magistrate, if the magistrate had read the complaint and the magistrate were aware of the ingredients of the offence punishable under section 138 of the negotiable instruments act to put questions farther to the complainant and ascertain whether anything further had been done and whether notice of demand had been issued. ..... under these circumstances, i am of opinion that no offence under section 138 of negotiable instruments act and section 420 indian penal code is made out from the sworn statement of the complainant. ..... in doing so, the learned magistrate abdicated the real function of the magistrate at that stage and acted only as a person testing the memory of the complainant. ..... the petitioner went before the learned magistrate with a complaint under section 138 of the negotiable instruments act and section 420 of the indian penal code. ..... the magistrate in the instant case has not perceived that sublime duty and has not acted in a manner expected of him.12. ..... a complainant acting mala fide and with oblique motives must certainly be shown the door at that stage and should not be permitted to abuse the process of court and thus vex and harass a person who does not .....

Sunny V.L. Vs. A.P. Venugopal and ors.

Court : Kerala

Reported in : 2008(3)KLJ751

..... i am unable to understand the observations in rangachari (supra) which i have specifically extracted above to mean that in every prosecution under section 138 read with 141 of the negotiable instruments act it is sufficient to establish merely that the indictee was a director of the company and the burden would then shift to such indictee to prove that he was not. ..... (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, ..... in fact, an advertence to sections 138 and 141 of the negotiable instruments act shows that on the other elements of an offence under section 138 being satisfied, the burden is on the board of directors or the officers in charge of the affairs of the company to show that they are not liable to be ..... a conclusion appears to be impermissible going by the language of section 141 of the act and the unequivocal declaration of the law in s.m.s. ..... b.s.n.l 2007(2) klt 1030 lay down a proposition that at the stage of evidence/trial, it must be presumed that every director is in charge of and responsible to the company for the conduct of its ..... the mere fact that an indictee is a director of a company attract culpability under section 138 read with 141 of the negotiable instruments act (for short the act)? .....

Moideen Bava Vs. Shahida

Court : Kerala

Reported in : AIR2006Ker362; I(2007)DMC116; 2006(3)KLT763

..... rough and ready justice to the parties to a family dispute should not stand on unnecessary technicality and must invoke the powers that are available under section 13 of the family courts act and rules of the family courts (procedure) rules to permit such representation by a lawyer for the limited purpose of applying for and obtaining a copy even without a formal application.13. ..... first of all take note of the fact that considering the purpose and object of section 13 of the family courts act, the relevant act in the instant case - that of applying for a certified copy and obtaining a certified copy must be permitted to ..... presented and ext.p4 order has been passed wherein the court below placing reliance on section 13 of the family courts act and rule 9 of the family courts (procedure) rules has again returned the application for proper personal presentation by ..... reveal such intimate details in the presence of a representative of the adversary even if such representative be a member of the noble profession and evidently this is the reason why section 13 of the family courts act insists and mandates that as of right a party is not entitled to insist on representation by a legal practitioner.8. ..... i am, in these circumstances, of the opinion that section 13 of the family courts act read with rules 9 to 11 of the family courts (procedure) rules certainly confers discretion on the court to grant permission to a party to be represented by a counsel even without any formal application by .....

Abdurehiman Vs. Sethu Madhavan

Court : Kerala

Reported in : II(2007)BC688; 2006(4)KarLJ33

..... muraleedharan, the counsel appearing for the respondent-complainant on the other hand contended that under the proviso to section 142(b) of the negotiable instruments act the court can take cognizance of a complaint after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making the complaint within the prescribed period. ..... we therefore overrule the decision in muraleedharan's case : 2006(1)klt131 and hold that in the absence of any specified procedure laid down under the act the complainant need only satisfy the court that he had sufficient cause for not making the complaint within the prescribed period and the court can take note of all the aspects of the ..... regard to the question as to whether a detailed enquiry giving opportunity to the parties to adduce oral evidence is necessary at the stage of taking cognizance to decide whether the delay deserves to be condoned under section 142 of the negotiable instruments act or whether an adhoc order is to be passed after entertaining the materials available relegating the question to be decided after exhaustive consideration at the final stage.3. ..... the learned judge who decided muraleedharan's case, supra, while dealing with an application under section 142 of the negotiable instruments act, 1881 has taken the view that delay in filing a complaint cannot be condoned unless it is supported by an affidavit by the complainant explaining the reasons for the delay.2. .....