Court : Kerala
Reported in : AIR1993Ker184; [1994]80CompCas371(Ker)
..... placed by the learned counsel on the decisions reported in soli pestonji majoo v. ganga dhar khemka, air 1969 sc 600, state bank of travancore v. may c. george, 1976 ker lt205 : (air 1977 kerala 8) and divl. manager, lic of india v. bhagavathy amma, (1991) 2 ker lt 522 in support of the said argument.20. learned counsel contended that there ..... concerned and it is not obligatory on the courts to decree interest at the contractual rate up to the date of redemption in all circumstances; and in the decision in state bank of travancore's case 1976 ker lt 205 : (air 1977 kerala 8), it was held as per the then amendment to order xxxiv as per notification dated 10-12- ..... of the said contention learned counsel relied on the decision in divl. manager, l1c of india's case (1991) 2 ker lt 522. though in the circumstances section 34, c.p.c. should govern the awarding of future interest the amendment to section 34, cpc since state bank of travan-core's decision 1976 ker lt 205 : (air 1971 kerala 8) is .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... : air 1943 pc 208). where the question depends upon the inferences to be drawn from the facts and surrounding circumstances, it is a question of law - (see orient distributors v. bank of india and ors. : air 1979 sc 867). misreading or non-reading of evidence, as has been done in this case by the e.i. court, raises a substantial question of ..... 2(d) of the districtworking journalists (conditions ofservice) and miscellaneousprovisions act, 1955 (5 of 1955)-------------------------------------------------------------------------(8) kozhikode town in kozhikodedistrict and-------------------------------------------------------------------------(9) cannanore town, tellicherryand baliapatam in cannanoredistrict in the state of kerala.-------------------------------------------------------------------------a three judges' bench of the apex court in cochin shipping co. v. e.s.i. corporation : air 1993 sc 252 : (1992) 4 scc 245 : 1993 ii llj .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker208
..... (amendment) act 1964, which came into force with effect from 1-4-1965 it is clear from sub-section (2) of section 19 that the reserve bank of india and the central government alone have got the power to pass an order under this section. our attention has nor also been invited to any statutory provision, empowering ..... cognisance of. the petitioners moved the magistrate for return of the currency notes. the respondent intervened, and moved for the delivery of the currency notes to him stating that they were required as evidence of contravention of the provisions of the act. the magistrate ordered the delivery of the currency notes to the respondent. in ..... obtain and examine the information and documents seized from sri krishnan sukumaran, and now in the possession of the sub-inspector of police. varkala, trivandrum district, kerala state orwhich in the opinion of the central government it is possible for the said sub-inspector of police, varkala to obtain and furnish. now therefore in exercise .....
Tag this Judgment!Court : Kerala
Reported in : 1968CriLJ936
..... (amendment) act 1964. which came into force with effect from 1.4.1965. it is clear from sub-section (2) of section 19 that the reserve bank of india and the central government alone have got the power to pass an order under this section. our attention has not also been invited to any statutory provision, empowering ..... no jurisdiction under section 523 of the criminal procedure code to order the delivery of the currency notes to the respondent. this contention was rejected by madhavan nair, j. stating:under section 523 of the code of criminal procedure, property seized by the police on suspicion and produced before a magistrate has to be returned to the ..... cognisance of. the petitioners moved the magistrate for return of the currency notes. the respondent intervened, and moved for the delivery of the currency notes to him stating that they were required as evidence of contravention of the provisions of the act. the magistrate ordered the delivery of the currency notes to the respondent. in .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker285
..... the legal effect of restoration of the e.a. is that the order of confirmation of sale will stand set aside. a division bench decision of this court in state bank of travancore v. mastan kunju : air1980ker236 is also relied on for this purpose. in view of the above decision of the division bench, it should be taken ..... the auction purchaser the same is not required under the rules available in kerala. a division bench of this court has considered this question in harishankar v. syndicate bank of india ilr 1996 (1) kerala 756 and held that publication of notice in the collector's office is mandatory after the amendment of order 21, rule 54(2) ..... the petitioners and the decree-holder. after confirmation of sale is made substantial amount has been spent for purchase of stamp paper and other matters and the reasons stated by the petitioners are not sufficient to set aside the sale. the third respondent also filed objections denying material irregularity and fraud as alleged by the petitioners.25. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1980Ker76
..... would be such merger, chandrakala devi v. central bank of india, ltd. (air 1959 cal 153); huasain sab v. sitaram (air 1953 bom 122); minni' zulekha bi v. kulsum bi (air 1941 mad 123); subbamma v. madhavarao (air 1946 mad ..... in brij narain's case was equally ineffectual, and ought not to have been allowed to stand.'the supreme court observed in the decision in u. j. s. chopra v. state of bombay (air 1955 sc 633 at page 649) thus :'a judgment pronounced by the high court in the exercise of its appellate or revisional jurisdiction after issue of a ..... expressed by the division bench to 1969 ker lt 710 in the two decisions of the supreme court adverted to .5. though there were divergent views expressed by courts in india on the question of merger of the decree of the trial court in that of the appellate court the preponderance of the authority seems to favour the view that there .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker115
..... own peril. the calcutta high court also had occasion to consider the similar contention and a. m. bhattacharjee, j. (as he then was) in krishan kumar agarwala v. reserve bank of india, air 1991 calcutta 272, repelled the contention and held that the provisions of article 226(3) are mandatory. it must be remembered that the operation of the sub-article does ..... is only a resultant position being the corollary of a combination of certain factors. 6. when a similar contention was advanced before the rajasthan high court in gheesa lal v. state, air 1981 rajasthan 651, it was held by lodha, j. (as he then was) that a party who obtains ex parte order behind the back of the respondents should ..... to deal with this appeal as the ex parte interim order would have stood vacated on the expiry of two weeks from 24-2-95.3. the factual matrix, as stated above, is not in dispute. hence we need only to show how the ex parte interim order stood vacated. article 226(3) of the constitution reads thus : (3) where .....
Tag this Judgment!Court : Kerala
Reported in : 2004(3)KLT139; (2004)IIILLJ1017Ker
..... the section, by act 49 of 1984, was with a specific purpose. when the supreme court in state bank of india v. sundaramoney (1976 (1) llj 478) followed by hindustan steel ltd. v. state of orissa (1977 (1) llj 1) and santosh gupta v. state bank of patiala (1980 (2) llj 72), gave a wide meaning to the definition of 'retrenchment' ..... the proposition might have been too widely worded, especially because of the said decisions, the supreme court found that the clock could not have been put back (karnataka state road transport corporation v. boraiah (1984 (1) llj 110). it was in this back drop that the parliament had brought in the amendment by introducing a further ..... genuineness of ext.p1. the case of the hospital was that ext.p1 was the basis of the engagement, as agreed between the parties. the workmen had stated that capitalising their ignorance, without knowing details, their signatures had been obtained in certain papers. later on they had shifted from the stand and pleaded about signature in .....
Tag this Judgment!Court : Kerala
Reported in : AIR2004Ker184; 2004(2)ARBLR328(Kerala)
..... only if the appeal is filed under section 39 of the arbitration act, 1940 and not under the subsequent act. a division bench of this court in chackov. catholic bank of india ltd., 1963 ker lt 1068 held that the court cannot look into the previous act for the purpose of payment of court fees. we also note that in cafe brandy ..... also took the objection in the unnumbered appeal that two appeals should have been filed as it was a common order. before dealing with the above question. we shall briefly state the facts of the case.3. an arbitration award was passed and the first respondent in the appeals, larson and toubro ltd. filed an application to set aside the award ..... bombay v. supreme general films exchange, air 1960 sc 980, usha v. food corporation of india, 1997 (1) ker lt 264, procurator r. c. diocese, calicut v. state of kerala, 2003 (1) ker lt 618 : (air 2003 kerala 143) and abdulla v. state of kerala, 2003 (1) ker lt 961.8. here the court fee paid by the first respondent for filing the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker121
..... (2) of this section is the provision applicable to a misfeasance application like the present. for reasons i have already stated in bank of meenachil v. chacko. 1902 ker l.t 166 (air 1962 ker 333) -- see also in re supreme bank of india ltd. (1964) 34 com cas 34 (mys) --i am of the same view, and i should think that the ..... byconsent; in fact, many of them were produced at the instance of the respondents to whom all the books and records of the bank in the hands of the liquidator were made available for inspection; the facts stated in the documents marked are not controverted; and hence there seems to be no necessity for recourse to section 45-f of the ..... the 5th of december 1960 if was ordered to be wound up on an application made by the reserve bank of india on the 8th august 1960 (on which very day a provisional liquidator was appointed) under section 88(3) (b) (iii) of the banking companies act; and it was on the 4th april 1963, that the liquidator instituted the present application. .....
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