Court : Kerala
Reported in : AIR1994Ker75
..... by order dated 28th august, 1970, the trial court held that the mortgage in question comes within the ambit of section 5 of act i of 1964 as amended by act 35 of 1969 and accordingly the equity of redemption alone can be divided in the final decree proceedings as the 1st plaintiff is having fixity of tenure on the basis that he is a deemed tenant. ..... section 5 of the kerala land reforms act as amended by act 35 of 1969 is to the following effect:--'5. ..... in support of his contention he raised the following four points for consideration:--1)the 1st plaintiff who represented the entirety of the mortgage right became part-owner of the equity of redemption to the extent of 9/30 shares and thereupon the mortgage became disintegrated and the provision contained in section 5 cannot apply to such truncated mortgages.2) as on 1-4-1964 the mortgage debt due to the mortgagee had become extinguished by mutual adjustment of the purappad payable by the mortgagee towards the mortgage money and his possession as on 1-4-1964 was not that of a mortgagee ..... 148 of the indian limitation act, 1908 would apply or not. ..... on 27-8-1955 a preliminary decree was passed in this suit by which the 1st plaintiff was declared entitled to 9/30 shares, 1st defendant to 15/30 shares and the thavazhi of the 18th defendant to 6/30 shares. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker150
..... the suit properties, as appurtenant to the sthanam of the 1st defendant: and that claim was made on the basis of the provisions of the madras marumakkathayam (removal of doubts) act 1955 (madras act xxxii of 1955) it is also seen that in that suit, the plaintiff wanted a partition of the properties after set ting aside several alienations stated to have been effected by the 1st defendant in favour of some of the parties to the suit, including the present revision petitioners the petitioners contested the claim made by the plaintiff as also the ..... the point to be noted is that it is not as if that the court, the moment it finds that the plaint has not been affixed with sufficient stamp, has got the jurisdiction to reject the plaint forthwith, on the other hand, clause (o) of rule 11 states that the court will have to require the plaintiff to supply the requisite stamp paper within a time to be fixed by the court and it is only after the plaintiff fails to supply the requisite stamp that the court gets jurisdiction to reject the ..... adjudicating an the controversy that arises in this case, in airule 1930 bom 354 the learned judges, after referring to the provisions of order 7, rule 11, and noting the circumstances under which a plain, can be rejected, and also considering the rather wide jurisdiction given to the court to effect amendments to pleadings under order 6 rule 17, had to consider the (mention as to whether the provisions of order 7, 11 control the jurisdiction of the court to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker210
..... 1956 scr 303: ((s) air 1956 sc 503) it was held that the assam state acquisition of zamindari act, 1951, as amended in 1954, did not violate equality before the law, though the state could thereunder select between one estate and another, such selection being based on compensations to the proprietors according to their incomes from the estate.the income-tax act and its procedure came under challenge in bidi supply co. v. ..... state of bihar, 1955-1 scr 1045: ((s) air 1955 sc 191) that the convictions under section 366 of the indian penal code by magistrates were discriminatory, as the accused had been tried by procedure different from that followed in a court of sessions.rejecting the contention it was held that there was an obvious classification, on which the section was based, namely, that such power may be conferred on a special magistrate in certain localities only and in respect of some offences only. ..... sub-divisional officer, chandur-morsi, ilr (1954) nag 816: ((s) air 1955 nag 1), (fb) was held to be saved by clause 5 in so far as the provisions of the act imposed reasonable restrictions or the exercise of right to hold and dispose of property in the interest of the general public. ..... xxiv of 1955, hereinafter referred to as the act, has been challenged in these ten writ petitions. ..... the position became the same in malabar in 1955. ..... 510: ((s) air 1955 hyd. ..... kishendas, ilr (1955) hyd. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker108
..... as we said earlier, section 52 of the act has been amended as part of the scheme for modulating and mitigating the great burden of payment of court fee by the litigant public. ..... . (b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff on being required by the court to supply the requisite stamp paper within a time to be fixed by the court, fails to do so : (d) ................ ..... . in air 1978 sc 335 (indian statistical institute v ..... . further it said thus:-- 'apart from the decisions bearing on the point, there can in our opinion, be no doubt that section 4 of the court-fees act is not the last word on the subject and the court must consider the provisions of both the act and the code to harmonise the two sets of provisions which can only be done by reading section 149 as a proviso to section 4 of the court-fees act by allowing the deficiency to be made good within a period of time fixed by it'.22 .....
Tag this Judgment!Court : Kerala
Reported in : 1996CriLJ757
..... the legislature was alive to the fact that the provisions under chapter ix of the penal code, 1860, prevention of corruption act, 1947 (act 2 of 1947) and the criminal law amendment act, 1952, are required to be enacted into one act with modifications so as to make the provisions more effective in combating corruption among public servants and it was to effectuate that intention that the act (act 49/1988) was put on the ..... the repeal of the indian income-tax act, 1922 (xi of 1922) (hereinafter referred to as the repealed act)-xx xx xx(f) any proceeding for the imposition of a penalty in respect of any assessment completed before the 1st of april, 1962, may be initiated and any such penalty may be imposed as if this act had not been passed;(g) any proceeding for the imposition of a penalty in respect of any assessment for the year ending on the 31st day of march, 1962, or any earlier year, which is completed on or after the ..... singh, air 1955 sc 84 : (1955 cri lj 254) section 6 of the general clauses act was dealt with and the supreme court, referring to the consequences flowing as a result of the repeal of an enactment, strikingly said thus:'whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself ..... therefore, the appellant's case for the purpose of sanction under section 6 will fall under clause (c) and that inevitably means that it is only the provincial government of assam which could .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker252
..... in view of the fact that the government are examining the question of bringing in a comprehensive legislation relating to marriage and divorce of the christians in india, it may not be advisable to undertake a piece-meal legislation solely for the purpose of amending section 10 of the indian divorce act, 1869 as suggested by the law commission of india in their 90th report. ..... we have already indicated in detail that spouses belonging to all other religions governed by hindu marriage act, 1955, parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriage act, 1939, special marriage act, 1934 and foreign marriage act, 1969 are entitled to get dissolution of their marriage on the ground of cruelty and desertion for the periods fixed by the respective acts. ..... butspouses married under the special marriage act, hindu, buddhist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriages act, 1939 are entitled to dissolution of marriage, and not merely judicial separation, on those grounds. ..... apart from the act, divorce in india is mainly governed by 5 other major acts,namely (1) the hindu marriage act, 1955; (2) the dissolution of muslim marriage act, 1939; (3) the parsi marriage and divorce act, 1936; (4) the special marriage act, 1954 and (5) the foreign marriage act. 1. ..... the hindu marriage act, 1955. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker182
..... the absence of emphasis on the law as adapted or modified in connection with the subsequent amendments in section 120 of the states reorganisation act would not therefore seem to matter.the question still is as to whether the failure to provide in the amendment act 8 of 1957 consequential amendments with reference to the adaptations and modifications introduced by the kerala adaptation of laws order 1956, is such a fatal defect as learned counsel would contend for.this would depend on the intention of the kerala legislature which passed the amendment act 8 of ..... the rule is now well settled that under section 3 of the indian income-tax act 1922, unlike under the previous act of 1918 or in england the income of the previous year is made the subject of the charge and is not merely a measure of the income under taxation for the assessment year, that is to say the tax is levied on the income of the previous year though it is a tax for the ..... that case arose under the madras plantations agricultural income-tax act v of 1955 more or less on the same lines as the act here.the question was whether the sale proceeds of agricultural crops grown and gathered by an assessee from his plantation also sold by him before the commencement of the previous year but the sale proceeds of which were received by him and brought to account only subsequent to that date ..... only income from plantations as defined in the madras plantations agricultural income-tax act v of 1955 that was subject to such tax. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker311; 1959CriLJ1172
..... that it is with reference to these rules, embodied in sections 179, 180 and182 of the code, that we have to determine whether the offences now in question were committedwithin the area of the learned special judge, inother words within the state of kerala,to accept the argument that these rules do not apply and that under section 7 (2) of the criminal law amendment act, 1952, the entire offence must have been committed within the area of a special judge to give that judge jurisdiction to try it, would lead ..... conspiracy, punishable under section 120-b read with section 420 of the indian penal code entered into at bombay could not be tried by the joint magistrate of pollachi within whose jurisdiction some of the acts of cheating in pursuance of the conspiracy were committed; but the decision does not consider section 180 of the criminal procedure code at all, and it contents itself with saying that the conspiracy was completed when the parties entered into their unlawful agreement and that it did not ..... 7 is a timber merchant and from the record made of his statement in the course of the investigation, all that appears is that sometime in april or may 1955, the 3rd accused went to his office in bombay and negotiated with him for the supply of bottom boards in jungle wood and placed an initial order for 250 tons, further that the 3rd accused told him that the boards were to be supplied to the central railway in the fulfilment of a contract taken by the firm of the accused 1 and 2. .....
Tag this Judgment!Court : Kerala
Reported in : II(1995)DMC27
..... the proposals are being studied and examined.in view of the fact that the government are examining the question of bringing in a comprehensive legislation relating to marriage and divorce of the christians in india, it may not be advisable to undertake a piece-meal legislation solely for the purpose of amending section 10 of the indian divorce act, 1869 as suggested by the law commission ..... but spouses married under the special marriage act, hindu, bhuddist, sikh and jain spouses governed by the hindu marriage act, 1955, zoroastrian spouses governed by the parsi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriages act, 1939 are entitled to dissolution of marriage, and not merely ..... the hindu marriage act, 1955; (2) the dissolution of muslim marriage act, 1939; (3) the parsi marriage and divorce act, 1936; (4) the special marriage act, 1954 and (5) the foreign marriage act ..... that spouses belonging to all other religions governed by hindu marriage act, 1955, pasi marriage and divorce act, 1936, muslim wives under the dissolution of muslim marriage act, 1939, special marriage act, 1934 and foreign marriage act, 1969 are entitled to get dissolution of their marriage on the ground of cruelty and desertion for the periods fixed by the respective acts. ..... the hindu marriage act, 1955.section 2 of that act applies to all persons who are hindus by religion in any of its forms or developments and bhuddists, jains, sikhs or any person who is not a christian, .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT432
..... it as tenants-in-common, as if a partition of such property per capita had taken place among all the members of the family living on the day aforesaid, whether such members were entitled to claim such partition or not under the law applicable to them, and as if each one of the members is holding his or her share separately as full owner thereof.the provision of law on the basis of which the petitioners lay their claim in this original petition is section 16 of the hindu marriage act, 1955 as amended by act 68 of 1976, which reads thus:16. ..... (abolition) amendment ordinance, 1978, direct the board to effect partition of the estate and the palace fund among all the members entitled to a share of the estate and the palace fund under section 4 of the kerala joint hindu family system (abolition) act, 1975 (30 of 1976), and such a direction shall be published by the board in the gazette:(2) if the seniormost male member fails to direct the board as required by sub-section (1) the board shall, on the expiry of the period specified in that sub-section proceed to effect the partition of the estate and the palace ..... execution and registration of partition deed: the deed of partition shall be executed on behalf of all the members by the maharaja of cochin and the members of the board and shall be binding on all the members of the family and shall be registered under the provisions of the indian registration act, 1908 (central act 16 of 1908).7. .....
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