Court : Kerala
Reported in : 1978CriLJ522
..... 1785 of air):to be able to say that an act was done under the colour of an office one must discover a reasonable connection between the act alleged and the duty or authority imposed on the accused by the bombay police act or other statutory enactment-unless there is a reasonable connection between the act complained of and the powers and duties of the office, it is difficult to say that the act was done by the accused officer under the colour of his office.13. ..... narhar rao : 1966crilj1495 , a case arising under the bombay police act, the supreme court laid down the test to determine whether a particular act was done under colour of office (at p. ..... nor can one see how the act of sending away the injured person had any relation to the process of investigation.the high court fell into the error of thinking that whatever a police officer does to a person suspected of a crime at a time when the officer is engaged in investigating that crime should be held to be done in the discharge of his official duties to investigate and as such under the provisions of the law that imposed this duty on him. ..... emperor air 1939 fc 43: (40 cri lj 468) contains the following observation : (at p. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker93
..... in this case, the petitioner, who is the head of the dawoodi bohra community, challenges the constitutionality of the bombay prevention of excommunication act, 1949 on the ground that the provisions of the act infringe articles 25 and 26 of the constitution of india. ..... and modifications specified therein, apply to (a) all wills and codicils made by any hindu, buddhist, sikh or jaina, on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenant governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at madras and bombay; and (b) to all such wills and codicils made outside those territories and limits so far as relates to immovable property situate within ..... very far-reaching amendments were introduced by the impugned act into motor vehicles act, 1939 in its application to central provinces and berar by section 3 of the amending act. ..... at least something should be given in charity when sought as one of the many beneficiaries may lift the donor from going to hell. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker110
..... , that'it is impossible to believe, that the constituent assembly could not conceive of the idea of imposing a capital levy on a hindu undivided family'.the argument based on the previous legislative practice which, as observed, had been discounted by the bombay & the andhra pradesh high courts, but which seems to have weighed with two of the learned judges in the allahabad high court, seems to us to rest on a slender foundation, being only the provisions of the indian income-tax act, 1922. ..... as an individual on the net wealth of the tarwad, and by alleging, that the petitioner himself had submitted a return as individual and had been assessed as such.as in the case of a hindu undivided family, which in a given case, may be a marumakkathayam tarward, so too in the case of a mappila marumakkathayam tarwad, there is no basis for holding that its properties vest in the karnavan as owner; nor does it make any difference as stated in the counter, that the tarwad is registered as impartible under the provisions of the mappila mammakkathayam act, 1939, as is possible for .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker156
..... that the tax due to the state of kerala in respect of public carrier goods vehicle covered by national permit issued by competent authorities of other state/union territories in india in pursuance of sub-section (11) of section 63 of the motor' vehicles act, 1939 (central act iv of 1939) shall be paid by crossed demand drafts drawn in favour of the secretary, state transport authority, kerala, trivandrum and payable at tri-vandrum from any one of the nationalised ..... and stated to be a sailor by profession, apprehended in the act of smuggling at the instance of an international gang of gold smugglers -- ignorant about the restrictive notification (which made his act an offence) he being out of india at the time the notification was published in the gazette in india, was not guilty for the reasons, (i) he lacked the mens rea and (ii) the notification, which was only a subordinate legislation, 'could be deemed to be in force not from the date of its issue or publication in the gazette but only when it was brought ..... but in the case on hand, the notification by the reserve bank varying the scope of the exemption, was admittedly 'published' in the official gazette -- the usual mode of publication in india, and it was so published long before the respondent landed in bombay, the question, therefore, is not whether it was published or not, for in truth it was published, but whether it is necessary that the publication should be proved to have been brought to the knowledge of the accused. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker26
..... apart therefrom, it would have to be considered that the said judgment is dated march 14, 1990 taking a view that the circular issued by the registrar is in excess of the powers available to him under the act could not obviously consider the subsequent amendment to rule 56(5) of the kerala co-operative societies rules, in viewof the fact that the said amendment came on the statute book much thereafter on august 28, 1989. ..... to consider the situation with reference to a cooperative society in the matter of granting permit where a new entrant came to be preferred to such a society in accordance with the rule 177a of the motor vehicles act, 1939 then existing. ..... in relation to the protection of the fundamental rights it is observed that the quintessence of our constitution is in the rule of law and the state or its executive officers cannot interfere with the rights of others unless they can point to some specific rule of law which authorises their acts and if the object of the act is to provide in the interest of general public certain essential commodities, reasonable restrictions are required to be understood in the context. ..... the provisions of the kerala state co-operative agricultural development banks act, 1984 were also examined with reference to the powers of the registrar thereunder to confer the grant of disbursement of loans, the court ultimately holding that the registrar, under the guise of the circular, cannot interfere with the freedom of the loanees.8. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker279; [1959]36ITR544(Ker)
..... this may bo illustrated by pointing out that (here was no charge on the 1938-39 income either of the appellant or his daughters, nor assessment of such income, until the passing of the indian finance act of 1939, which imposed the tax for 1939-40 on the 1938-39 income and authorised the present assessment.by sub-section (1) of section 6 of the indian finance act, 1939, income-tax for the year beginning on the 1st april, 1939 is directed to be charged a6 the rates specified in part i of schedule ii, and rates of super-tax are also provided for, and by sub ..... levied on the income of 1938-39 the provision in the amendment act of 1939, which came into force only on the 1st april, 1939, would not apply to the assessment.his contention was not accepted by the income-tax authorities, and on reference being made to the madras high court, a full bench of that court also repelled the contention holding that the law in force at the time of the assessment must govern the assessment and not the law in the previous year in which the income was earned and that as the amendment act had ..... in the commissioner of income-tax, bombay v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker19
..... section 2 (1) (a) of the (english) limitation act, 1939, provides that 'actions founded on simple contract or on tort' shall not be brought after the expiration of six years from the date on which the cause of action accrued and in commenting on the provision preston and newsom (3rd edition, p. ..... accordingly, since the limitation act, 1939, section 2 (1) (a), applies the six-year period to 'actions founded on simple contract or on tort' it seems that the miscellaneous actions here discussed, all of which were formerly actions of assumpsit, must be subject to that period of limitation.' 10. ..... ' be defined as follows: '' 'contract' shall have the same meaning as in the indian contract act (ix of 1872) and includes an obligation imposed by law to restore or to make restitution of any benefit derived by a person, on the basis of unjust enrichment' and that the following article be substituted for the present articles 2, 7 to 9, 19 to 43, 50 to 84, 86, 87, 97, 99 to 102, 107 to 111, 113, 115, 116 and 131: 'description of suit, appeal orapplication:period of limitationtime from which period begins to runsuitfounded oncontract or on tort.threeyearsthe dateon which the cause of action accrues.'12. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker183
..... similar question came up for consideration before this court arid the supreme court on the powers of the appellate tribunal under section 64 of the motor vehicles act, 1939. ..... learned counsel for the revision petitioners contended that the appellate court under section 384 of the succession act, 1925 (for short 'the act') has no power to order remand that the succession court acting under part ix of the act cannot enter a finding as to whether a particular debt was due to the deceased or not and submitted that orders passed by the learned subordinate judge may be restored. ..... (1) states that subject to the other provisions of the part, an appeal shall lie to the high court from an order of a district judge, granting, refusing or revoking a certificate under the part, and the high court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the district judge, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, already granted. ..... representative title should be proved by probate or letters of administration, certificate granted under the administration general's act, succession certificate granted under part x of the act or certificate granted under the succession certificate act or certificate granted under bombay regulation no.viii of 1827. .....
Tag this Judgment!Court : Kerala
Reported in : 1990ACJ184; AIR1990Ker314
..... of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely --(a) where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by ..... arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee --(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods vehicle, being carried in the vehicle, or(ii) except where the vehicle is a vehicle in ..... decision dealt with the case of fatal injury to a passenger in a car belonging to a company and driven by the manager of the company who gave a lift to the deceased. ..... the owner of the goods or his employee travels in a goods vehicle he cannot be treated as a gratuitous passenger or a person who is given a free lift. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1967Ker254; [1967]19STC475(Ker)
..... think that the observations of their lordships of the supreme court relied on by him really support his contention in mytheen kunju v state, 1959 ker lt 698= (air 1960 ker 86) a bench of this court had to consider the question whether resort to section 64 of the indian penal code can be had to recover the sales lax specified in the order passed under section 19(h) of the travancore-cochin general sales tax act (xi of 1125) the wording of section 19(h) of the travancore-cochin act xi of 1125 is identical with section 15(h) of the madras act, 1939, extracted ..... ' the entire argument of the learned advocate for the appellant was built on the clause 'and the lax, fee or amount so specified shall be recoverable as if it were a fine' in section 16(h) of the madras general sales tax act, 1939 according to the learned counsel, the legal effect of such a clause is that 'the tax, fee or amount so specified' is by a statutory fiction treated as fine and if so done section 19 of the madras general clauses act, 1891 will apply to the realisation of this amount also. ..... the two second appeals arise out of the orders passed by the subordinate judge, palghat, holding that the e.ps 762 of 1959 and 761 of 1959 are not barred by limitation the appellant who is the same in both the appeals was an assessee under the madras general sales tax act (ix of 1939). ..... in support of his argument, the learned counsel relied on the following observations of the supreme court in state of bombay v. .....
Tag this Judgment!