Judgment Search Results Home > Cases Phrase: the code of civil procedure kerala amendment act 1957 Page 1 of about 5,228 results (0.315 seconds)

Srimad Raghavendra Thirtha Swamy Vs. Srimad Sudhindra Thirtha Swamiji

Court : Kerala

..... it is contended by learned senior advocate appearing for the respondent that as per s.11 of the kerala civil courts act, 1957 (for short, the act) the jurisdiction of the district court, subject to the provisions of the code extends to all original suits and proceedings of a civil nature. ..... under s.151 of the code of civil procedure (for short, the code) in the appeal pending in the high court of andhra pradesh requesting for a direction to the petitioner to return the deity/ornaments to the respondent. ..... but, later came the amendment to s.39 of the code which stated that transfer of the decree has to be a court of competent jurisdiction and what is the competency of jurisdiction referred ..... s.39 of the code as it stands after the amendment of 1976 says that the court which passed a decree may, on the application of the decree holder sent it for execution to another (court of ..... kunhayamath, 1989 (1) klt 74 where referring to the amendment brought into in s.39 of the code it was held that a decree can be transferred only to a court of competent jurisdiction which includes pecuniary jurisdiction as ..... appearing for petitioner has contended that in view of the amendment to s.39 of the code in the year 1976, the decree could be transmitted for execution only to a court of competent jurisdiction and that competency of jurisdiction is to entertain the suit in which the decree was passed either on the date of its institution or on the date the application for execution was preferred. .....

Kanaka Raj Mehta Vs. K.V. Shivakumar

Court : Karnataka

Reported in : ILR1990KAR42

..... regard to clause 33 are thus formulated in the order of reference:'and whereas clause 33 of the said bill provides that, notwithstanding anything contained in the code of civil procedure, 1908, or any other law for the time being in force, no court can grant any temporary injunction 01 make any interim order restraining any proceeding which is being or about to be taken under the act;and whereas a doubt has arisen whether the provisions of the said clause 33 in so far as they relate to the jurisdiction of the high courts, would offend ..... . the supreme court answered the question thus:'(10) there is another insurmountable difficulty in accepting the construction suggested by learned counsel, under the second part of the section a party to the earlier proceedings may within the prescribed time apply to the court or authority for a review of the proceedings in the light of the provisions of the act, and the court or authority to which the application is made shall review the proceedings accordingly, and make such order, if any, varying or revising the order previously made as may be necessary to give effect to the principal act, as amended by section 2 of the act ..... . in re the kerala education bill, 1957 air 1958 sc 956, the supreme court held that the power conferred under article 226 cannot be taken away or curtailed by any legislation other than amendment to the constitution .....

Govt. Of Kerala Vs. Joseph

Court : Supreme Court of India

..... lastly it was held that just because it appears that the order of the assistant collector appears to have been passed as if avira (son of joseph, respondent herein) was alive, even though the legal representatives applied to be impleaded, it could not be expected of quasi-judicial authorities to follow the procedure for amendment of cause title with the same rigidness as observed by the civil court and that those seeking to be impleaded owed a duty to satisfy the court as to what became of their application for impleadment. ..... ; and two, whether the respondents herein are entitled to the relief of adverse possession or is the claim so made, barred by the kerala land conservancy act, 1957?. 8 8. ..... for an appeal to be maintainable under section 100, code of civil procedure ( cpc , for brevity) it must fulfil certain well- established requirements. ..... the phrase substantial question of law , as occurring in the amended section 100 is not defined in the code. ..... however, it is clear that the legislature has chosen not to qualify the scope of substantial question of law by suffixing the words of general importance as has been done in many other provisions such as section 109 of the code or article 133(1)(a) of the constitution. .....

Rajappan Achari Vs. Mathava Kammathi

Court : Kerala

Reported in : 2005(1)KLT293

..... this being not a decree of a small cause court, the prohibition of second appeal contained in section 102 does not have any application'.in paragraph 5 it is stated that section 102 of the code of civil procedure has brought within its fold certain suits which are not pure small cause suits in terms of section 12 of the kerala small cause courts act, 1957. ..... prior to the amendment, there was no difference in the wordings in section 96(4) and 102 of the code of civil procedure. ..... 500/-, it was the character of the suit as it was originally framed and presented to the courts and not which it may assume in the course of or after the trial by virtue of the findings of the court or in the appeal that may eventually be brought that determines the nature of the suit for the purpose of section 102 of the code of civil procedure. ..... section 96(4) of the code of civil procedure as it stood prior to the amendment in 1999 reads as follows:'no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by courts of small causes, when the amount or value of the subject matter of the original suit does not exceed three thousand rupees. ..... 3000.after the amendment of section 102 by the amendment act, 2002, a drastic change is made in the words used in the section. ..... the words 'suit of the nature cognizable by courts of small causes' are conspicuously absent in the amended section. .....

Sankara Konar and ors. Vs. Sivaraman and anr.

Court : Kerala

Reported in : AIR1964Ker37

..... it was held that the appeal would lie only to the high court as the amendment made it clear that it applied only to decrees and orders passed after the date of the amendment, and as section 106, code of civil procedure, was not modified by the amending act. ..... when this civil revision petition was heard by one of us, it was referred to a division bench as it involved a question of interpretation of section 106, code of civil procedure, and section 13 of the kerala civil courts act.2 the facts necessary for the decision of the petition may be stated: in execution of the decree in o. s. no. ..... 'section 13 of the kerala civil courts act (i of 1957) was in these terms :'appeal from the decrees and orders of a munsiff's court and where the amount or value of the subject-matter of the suit does not exceed seven thousand and five hundred rupees, from the original decrees and orders of a subordinate judge's court shall, when such appeals are allowed by law, lie to the district court:provided that whenever a subordinate judge's court is established in any district at a place other than the place where the district ..... neelalcantan, ilr (1957) kerala 1004 : (air 1958 kerala 251) in which it was held that the substantive right to prefer an appeal arose when the suit was instituted and not when the decision sought was rendered. .....

P.D. Palakattumala Devaswom, Represented by the Secy. Travancore Devas ...

Court : Kerala

Reported in : AIR1970Ker30

..... and under the travancore act before its amendment by the kerala civil courts act appeals could lie only to the high court since references were heard only by district courts -- section 38 thereof accordingly provides for an appeal to the high court from an award leaving appeals from mere decrees to be governed by the civil procedure code. ..... regard to the provisions of sections 12 and 13 of the kerala civil courts act, 1957 (which were not considered in 1965 ker lt 616), irrespective of the value, irrespective of whether the decision is on a reference under section 18 or one under section 30 of the central act (sections 18 and 27 respectively of the travancore act, and sections 20 and 32 of the kerala act) and irrespective of whether the dispute relates to the amount of the compensation, or to the title to receive it (in other words, the title to the land acquired -- apportionment when there is more than one person entitled is also a question of title, the question being the extent of the title .....

George Vs. thekkekkara Vareed

Court : Kerala

Reported in : AIR1979Ker1

..... -- (1) no civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this act required to be settled, decided or dealt with or to be determined by the land tribunal or the appellate authority or the land board or the taluk land board or the government or an officer of the government : provided that nothing contained in this sub-section shall apply to proceedings pending in any court at the commencement of the kerala land reforms (amendment) act, 1969. ..... bar of finality and conclusiveness of this judgment is urged with respect to section 105 (2) of the code of civil procedure; and on the general principles of res judicata. ..... the provision stated that any person in occupation of the land of another on the date of commencement of act 35 of 1'969 on the basis of a registered deed purporting to be a lease deed shall be deemed to be a tenant, if he or his predecessor was in occupation on the 11th april 1957 on the basis of the deed, despite the fact that the lease was by a person who had no right over the land or was not competent to grant the same. .....

Thressiamma Jacob Vs. Geologist, District Office of the Dept. of Minin ...

Court : Kerala

Reported in : AIR2000Ker300

..... force in the contention of the petitioners, the above observations of the supreme court are not in conformity with the observations made by the full bench (which followed the decision of the supreme court in kunhikoman's case), that does not mean that the view taken by the fuil bench is not correct, because it can be seen from paragraph 14 of the above judgment itself that the supreme court has observed that in the kerala case documents were produced and on the basis of the documents, the court took the view that the nature of rights ..... he had never paid any amount to the government as royalty because the provisions contained in the miners and minerals (development and regulation) act, 1957 and the rules framed thereunder did not stipulate payment of royalty to the government in case of jenmom lands. ..... (2) the state government, by notification in the official gazette, amend the schedule i, so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification'.rule 29 deals with the conditions of quarrying lease. ..... so far as the civil revision petition is concerned, we dismiss the civil revision petition and direct the appellate court to dispose of the appeal within three months from the date of receipt of a copy of this judgment. ..... chapter vi deals with the procedure for obtaining quarrying lease in respect of land the minor minerals in which vest in a person other than the state government. .....

Smt. P. L. Stella Vs. Commissioner of Wealth-tax.

Court : Kerala

Reported in : (1997)141CTR(Ker)578

..... 16a of the wt act, 1957, decided to ascertain the valuation of the hotel building and in pursuance thereof acting under the powers of the above section, called for the valuation report and, on a consideration of the material before him, determined the enhanced value of the hotel building in question. ..... 16a of the wt act, 1957 has been made and the enhancement in the value of a hotel building on the basis of the valuation report was sustainable ?2. ..... not only that both the authorities have considered these aspects concurrently and in all the necessary details, in our judgment, a bare perusal of the table showing the value shown by the assessee in his return as compared to the value adopted by the wto is enough to reinforce the situation that reference to the valuation officer would have to be understood as a must on the facts and circumstances of the case. ..... 16a of the act requiring the officer to make a reference and the only objection of the assessee raised before, it is to the effect that the matter has been referred to the valuation officer in a routine and mechanical manner. ..... 28th september, 1957 complete answer is provided in the judgment of the tribunal is second appeal in para 3 thereof to the effect that the decision of the supreme court in juggilal kamlapat bankers vs. ..... 16a is merely procedural in nature and the wto was justified in adopting the value determined by the valuation officer as one determined by an expert ?3. .....

Commissioner of Wealth Tax Vs. E. K. Joseph.

Court : Kerala

Reported in : (1996)136CTR(Ker)494

..... 2(m) of the wt act, 1957 tells us what is meant by net wealth and it means that it is the amount by which the aggregate value of all the assets belonging to the assessee, on the valuation date to be computed in accordance with the provisions of the act. ..... 4 of the wt act, 1957 to determine the net wealth of the assessee; mainly relying on its earlier decision (supra) the tribunal ruled that the entire liability of the assessee to the federal bank would have to be taken out of consideration in the determination of net wealth.6. ..... it is obvious that the amount in question if it does not fall in the category of net wealth in part or portion thereof could become the subject-matter of levy of wealth-tax under the provisions of the wt act, 1957. ..... the necessary statutory provision is reproduced hereinbelow :'2(m) net wealth means the amount by which the aggregate value computed in accordance with the provisions of this act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee (on the valuation date which have been incurred in relation to the said assets). ..... 4(1)(b) of the wt act, 1957 need reference in this context. .....