Judgment Search Results Home > Cases Phrase: the kerala womens commission amendment act 2002 1 Court: kerala Page 85 of about 932 results (0.198 seconds)

Lalithambika Vs. Varghese

Court : Kerala

Reported in : III(2005)BC289; 2004(3)KLT892

..... when the plaintiff sets up a case that on the basis of the advance given at the time of the agreement for sale, property was given possession to the plaintiff and he was in enjoyment of the property and that case is found against on the basis of the report of the commissioner it goes a long way in deciding the question whether the transaction between the parties was a genuine agreement for sale or a mere arrangement of security for the amounts advanced by the plaintiff.10. ..... taking into account all these circumstances, 1 am of opinion that it is not an ordinary case of agreement for sale where performance of the agreement has to be enforced and the discretion exercised by the trial court is against the spirit of section 20 of the specific relief act and the various decisions of the supreme court referred to earlier. ..... though the plaintiff did not take out a commission to substantiate his case the defendant applied for issuance of a commission and the commissioner has submitted a report. ..... advent corporation ((2002) 5 scc 481) there was difference of opinion with regard to the amount payable for execution of the sale deed and the matter was referred to a three member bench and it was held that the sale deed will be executed only on payment of rs. ..... ((2002) 8 scc 146) where there was an agreement for sale of a flat in a building for rs. .....

P.N. Gopinathan Vs. Sivadasan Kunju and anr.

Court : Kerala

Reported in : 2007CriLJ2776

..... 78 of the act, which deals with the question as to the person to whom payment must be made to discharge the maker or the acceptor of the liability under the instrument.section 78 : to whom payment should be made:- subject to the provisions of section 82, clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must in order to discharge the maker or acceptor, be made to the holder of the instrument.if we were to take the view that the payee would not be the holder, though the cheque is shown to be payable to him, he will not be able to realise the amount from the drawer of the ..... the said definition, which the law commission stated, was not an alteration of the law, but only a re-statement of the obvious - to obviate the criticism about unsatisfactory definition, shows beyond the pale of controversy that a payee must come within the sweep of expression 'holder'.27. ..... what is important is that the law commission had hastened to observe that:the changes introduced do not seek to alter the law but to obviate the conflict of judicial opinions and the criticism of commentators which the existing definition has given rise to.25. ..... of course the suggested amendments have not so far been incorporated in the act. ..... gangadharan nair ilr 2006 (3) kerala 657 : 2007 cri lj 1486. ..... shammy 2002 31 ker lt 852. .....

Kunhi Mohammad Vs. Union of India (Uoi)

Court : Kerala

Reported in : 2006CriLJ4352; 2006(3)KLT795

..... mohan's case (supra) has examined the question whether an application preferred by the detenu before the settlement commission under section 127-b of the customs act and the orders passed thereon directing payment of additional duty are relevant documents to be placed before the detaining authority. ..... m/s asian terminal are deemed to be smuggled goods within the meaning of section 2(e) of the cofeposa act,1974 (asamended) read with section 2(39) of the customs act, 1962:g) you financed the transaction, master minded the entire operation and engaged in criminal conspiracy with others with a view to defraud the exchequer,h) the goods brought by you were intended to be distributed and sold in the domestic market evading customs duty and other government levies:i) you have the wealth, influence and resources to organize large scale smuggling ..... the co-accused retracted from those two voluntary statements in the application filed by him before the chief commissioner of customs, bangalore for compounding the offence under section 137 of the customs act, 1962 as amended by section 71 of the finance (no. ..... prakash, special government pleader appearing for the state of kerala submitted that ext.p11 petition addressed to the commissioner of customs is not a relevant or material document to be considered by the detaining authority. ..... (2002) scc (crl. .....

Babu P. Benedict Vs. Principal, Motor Accidents Claims Tribunal

Court : Kerala

Reported in : 2010(1)KLT445

..... may be necessary and, therefore, with regard to the said offence either the court can inform the police about the commission of those offences or can straightaway prefer a complaint before the competent magistrate without an enquiry under section 340 cr.p.c. ..... accordingly, as mentioned earlier, two separate complaints have been filed alleging the commission of offences punishable under sections 196 to 200 and 463, 464 and 468 i.p.c. ..... this practice has created much difficulty for the court and specific directions have been issued to the bar to produce batta in the name of the actual insurer, whose name is shown in the cause title, so that the summons could be issued to the insurer who issued the policy in respect of the relevant vehicle.d) by filing an affidavit in support of i.a. no. ..... likewise, it is not explained as to what was the defect of non-joinder on the failure to carry out the amendment. ..... 33 of appendix i to the criminal rules of practice, kerala, informing the person sought to be proceeded against that an enquiry will be held under section 340 cr.p.c. ..... while sharp practices and other acts of professional misconduct by a lawyer deserves condemnation, it should be done in accordance with the procedure established by law. ..... 1808 of 2005 was allowed on 29.11.2002. .....

Suresh Bhatt and anr. Etc. Vs. S. Brahmanand and ors.

Court : Kerala

Reported in : AIR2004Ker101

..... the issue regarding limitation was answered by the learned judge in favour of the plaintiffs holding that the relevant article of the limitation act which governs the suit was the second part of article 54 and since the suit has been instituted within three years of the plaintiffs coming to have notice of the defendants' refusal to perform the contract; the suit is not ..... particularly relied on by sri raman pillai reads as follows :--'where the contract is substantially executed, and the plaintiff is in possession of the property, and has got the equitable estate, so that the object of his action is only to clothe himself with the legal estate, time either will not run at all as laches to debar the plaintiff from his right, or it will be looked at less narrowly by the court; for the plaintiff has not been sleeping on his rights, but relying ..... prahlad bhairoba suryavanshi, (2002) 3 scc 676 : (air 2002 sc 960), the learned counsel also relied on certain passages in the sub-chapter under the caption 'where time does not run' in the sixth edition of a treatise on the specific performance of contracts by ..... the court below justifiably relied also on the commission report in support of its conclusion that pursuant to the agreement plaintiffs had been put in possession of a substantial portion of the ..... the learned sub-judge is certainly right in his observation that in tarlok singh's case the point mainly decided by the supreme court was as to when an amendment of the plaint allowed in that .....

The State of Kerala rep. by Secretary, Forests and Wildlife Department ...

Court : Kerala

..... o.p.no.35736 of 2002 was filed by new world investments (p) limited and malabar dairy farms (p) limited praying for the following reliefs: (i) to issue writ of mandamus or other appropriate order directing the respondents 2 to 5 or other concerned officers to conduct a survey under the kerala survey and boundaries act in the forest land to identify the boundary of 486.63 acres of plantation in nelliyampathy forest, nenmara division as described in exts.p1 to p3 documents. ..... government have rightly initiated action to cancel the lease conforming to the kerala forest act, 1961 (hereinafter referred to as the 1961 act ) and the 1980 act. ..... it is sufficient to refer to the subsequent notification dated 11.02.1933 (ext.r2 (b)) which is to the following effect: the cochin government gazette published by authority vol.xvii ernakulam, saturday, 29th makaram 1108 (11th february 1933) no.19 part i notification by government revenue department notification no.65 : the diwan hereby declares under the provisions of section 12 of the cochin forest regulation iii of 1080, as amended by regulations vii of 1093 iv of 1096 and i of 1100, the areas, the boundaries of which are described in the schedule below reserved forest under the said regulation. no. ..... hindu women's right to property act, 1937, (1941 fcr 12 : air 1941 fc 72). .....

Kadakampally Manoj Vs. Kerala State Cashew Development Corporation Ltd ...

Court : Kerala

..... kerala rcn through traders (4.1.3.3 of the audit findings) * deficiencies in the purchase process of african raw cashew nuts (4.1.3.4 of the audit findings) * serious deficiencies in tendering, including inadequate publicity (4.1.3.5 of the audit findings) * deficiencies in the contract terms and conditions (4.1.3.6 of the audit findings) * irregularities in award of contract (4.1.3.7 of the audit findings) * payment of ineligible clearing and forwarding charges (4.1.3.8 of the audit findings) * impact of the deficiencies in the procurement of cashew nuts (4.1.3.9 of the audit findings) * inadequate follow up action on inquiry reports (4.1.3.10 of the audit findings) * violation of the copu and ec recommendations (4.1.3.11 of the ..... the learned counsel submits that no objection has been filed by the respondents 2 and 3 with regard to the findings of the special/expert committee in their report adding that the findings are quite categoric, to the effect that the acts and deeds involve various offences, to be investigated by the competent authority, who can only be the ..... with regard to the insinuation as to the non-procurement of raw cashew nuts through the state trading corporation, it is stated that adequate funds were not available with the corporation to open an 'lc' ( letter of credit) and that 2.5 % commission had to be paid ..... 2002) 5 scc 521] cited by the learned counsel for the third respondent does not moot any proposition to deny the relief as to the investigation by the .....

Jameela Deputh General Manager The Thrissur District Co-Operative Bank ...

Court : Kerala

..... 7 the full bench has formulated the question which was to be answered by the full bench which is to the following effect: "whether the vacancies which arose subsequent to the amendment of the special rules for the kerala homeopathy subordinate services on 12-4-1999 can be filled up from the rank list prepared by the kerala public service commission pursuant to the selection process initiated before the amendment and completed after the amendment. ..... initiated for selection by issuing advertisement, the selection should normally be regulated by the then existing rules and government orders and any amendment of the rules or the government order pending the selection should not affect the validity of the selection made by the selecting authority or the public service commission unless the amended rules or the amended government orders issued in exercise of its statutory power either by express provision or by necessary intendment indicate that amended rules shall be applicable to the pending selections. ..... giving rise to the writ petition are: the 1st respondent, thrissur district co-operative bank (for short, the bank ) is the central society registered under the kerala co-operative societies act, 1969 (for short, the 1969 act ). ..... delson davis (2002 (1) klt 852) where with regard to one vacancy for the post of data entry officer for which the list was prepared and the person at rank no.1 was appointed but he ..... raghbirchand ([2002] 1 scc 113) in which case notification was issued .....

Sajeev Vs. The State of Kerala, represented by The C.I. of Police, Per ...

Court : Kerala

..... accordingly, the amendment act, 2009 has brought sub-section (5) within the purview of section 313 cr.p.c . ..... looking at the history of the section, the various conflicting pronouncements of the high courts in the country and authoritative pronouncements of this court by three judge bench, the law commission recommended the necessity of examination of the accused personally. ..... the apex court in ganesh lal v state of rajasthan reported in (2002) 1 s.c.c 731 had convincingly clarified the situation when it held that if an accused fails to offer any explanation for his possession of the stolen property in a case built solely on circumstantial evidence, that would help the trial court to draw an inference against the accused in the case, the fact omitted by him to answer being one within his exclusive knowledge. 62. ..... state of kerala (2005 khc 799) urged that the session's judge has ample power to grant the exemption to the accused from being personally present to face the examination contemplated under section 313(1)(b) cr.p.c and allow his counsel to answer the question. ..... state of kerala (a.i.r 2011 s.c 708) directed the courts vested with the power under section 205 cr.p.c to, "..... ..... state of kerala basing on the basavaraj r. ..... state of kerala basing on the basavaraj r.pattil's case is not applicable. ..... state of kerala basing on the basavaraj r.pattil's case is not applicable. ..... state of kerala has become inapplicable. ..... state of kerala (2005 k.h.c. .....

G.S. Prakash and Others Vs. State of Kerala, Represented by the Additi ...

Court : Kerala

..... sec.68a of the kerala co-operative societies act,1969 does not affect or take away the right of the police/vandacb to conduct enquiry/investigation in accordance with the provisions of chapter xii of the code into a cognizable offence said to be committed by a public servant connected with a society registered under the said act on receipt of information regarding commission of such offences, or the power of special judge to direct enquiry, registration of the case, investigation and proceed in the matter as provided in the code. ii. ..... 68a of the kerala co-operative societies act,1969 (for short, "the act") it was within the power of learned special judge to direct the vandacb to conduct an enquiry/investigation and the vandacb to enquire/investigate into matters relating to a co-operative society registered under the act? ii. ..... we think that it will meet the ends of justice if it is made clear that it will be open to the director of vigilance and anti corruption bureau to conduct enquiry into the entire factual matrix and all aspects relevant for the purpose of forming a free and fair opinion regarding the truth or otherwise of the allegations, as also the commission of acts or omission constituting any penal offence. ..... it is relevant to note that even when sec.68a was brought into the act by way of amendment, no provision excluding enquiry/investigation/trial under the code was made. ..... and others [(2002) 3 scc 533]. .....