Judgment Search Results Home > Cases Phrase: unlawful association Court: kerala Page 9 of about 602 results (0.014 seconds)

T. Ramachandran Vs. V.K. Kuttan and ors.

Court : Kerala

Reported in : 1975CriLJ1531

..... this does not mean that we have no jurisdiction to issue a writ of habeas corpus in cases of this nature after an enquiry into the factum of unlawful detention, but, we feel that it would not be expedient on the part of this court to embark upon such an enquiry when the petitioner can have such an enquiry before other forums. ..... 1973 on the ground that the petitioner and his associates kidnapped beenakumari, and ext a-3 dated 21-4-1975 is beenakumari's sworn statement before the chief judicial magistrate, trivandrum. ..... the sequence of events being as stated above and since the factum of unlawful detention is being disputed by the respondents we asked the counsel for the petitioner before questioning beenakumari as to whether on these materials we would be justified in issuing a writ of habeas corpus holding that respondents nos. ..... this is a motion for habeas corpus for release of beenakumari, stated to be the petitioner's wife, from the alleged unlawful detention by her parents, respondents nos. ..... the respondents have filed a counter-affidavit denying the allegations in the petition and the averments in the affidavit in support of it to the effect that beenakumari was being kept in unlawful custody by them. .....

S. Sathyan and Others Vs. State of Kerala represented by, The Public P ...

Court : Kerala

..... , 147 r/w 149 , 148 r/w s 149 , 341 r/w s 149 and 302 r/w s 149 is concerned, the same cannot be sustained on the charge as framed against them which definitely named the 4 appellants as also the 4 acquitted accused as being members of an unlawful assembly, who had in the prosecution of the common object of such assembly, wrongfully restrained the deceased, committed rioting and rioting armed with deadly weapons and the murder of devadasan. 50. ..... it may be that less than five persons may be charged and convicted under s 302/149 if the charge is that the persons before the court along with others named constituted an unlawful assembly; the other persons so named may not be available for trial along with their companions for the reason, for instance, that they have absconded. ..... pubic prosecutor : air 2010 sc 566, and came to the conclusion that in a case where the prosecution fails to prove that the number of members of an unlawful assembly are 5 or more, the court can simply convict the guilty person with the aid of section 34 indian penal code, provided that there is adequate evidence on record to show that such accused shared a common ..... [1996 (10) scc 79], the apex court held that, where the court finds that the strength of the assembly was insufficient to constitute into unlawful assembly , but the remaining persons who participated in the crime had shared common intention in the main perpetrators of the crime, the court can take the aid of s.34 of the ipc even if the said section .....

State Vs. Kunchu and ors.

Court : Kerala

Reported in : AIR1960Ker13

..... the provisions construed, were sections 1 and 15 of 31 and 32 victoria c 121, the relevant parts of which are these : section 1, 'it shall be unlawful for any person to sell ..... ..... the london and provincial supply association ltd. .....

Medivision Scan and Diagnostic Research Centre Pvt. Ltd. Vs. Medivisio ...

Court : Kerala

Reported in : 2004(2)KLT772

..... right to use the trade name or because of the fact that there is simultaneous and concurrent use of the same name by other persons as referred to in that judgment, it cannot be said that the public would not have associated the trade with that of the plaintiff.9. ..... the existence of two scan centres in the same place with the same or more or less same name will lead to 'unfair trading' or 'unlawful competition' which is also a relevant factor as noticed in bollinger, j. v. .....

Janardhanan Vs. Sreedharan

Court : Kerala

Reported in : AIR1985Ker199

..... the question is if under a valid agreement, some unlawful activities forbidden by law are carried on, whether section 23 of the contract act is attracted.9. ..... the agreement entered into by the parties is perfectly legal in the sense that it was not for any unlawful object or for any unlawful consideration. ..... the defendant has no case that in the partnership agreement the partners wanted to conduct themselves in an unlawful manner. ..... no claim for damages is sustainable for the breach of such an unlawful agreement.'16. ..... there is no clear case for the defendant that by the agreement of partnership, a partnership was formed to conduct a trade in rice in an unlawful manner. ..... every agreement of which the object or consideration is unlawful is void.' 5. ..... in each of these cases, the consideration or object of an agreement is said to be unlawful. .....

iti Limited Vs. the Tahsildar

Court : Kerala

..... which the statute forbids; (ii) the contract may be one which the statute expressly or impliedly prohibits; (iii) the contract although lawful on its face, may be made in order to effect a purpose which the statute renders unlawful; and (iv) the contract, although lawful according to its own terms, may be performed in a manner which the statute prohibits. ..... their lordships have held as follows therein further that "it is well established that the object of an agreement cannot be said to be forbidden or unlawful merely because the agreement results in what is known as a "void contract"". ..... it is well established that the object of an agreement cannot be said to be forbidden or unlawful merely because the agreement results in what is known as a "void contract". ..... sri.k.p.dandapani this writ petition (civil) having been finally heard on 11-12-2012, the court on 01-01-2013 delivered the following: sts wp(c)no.16951/2012 appendix petitioner(s) exhibits exhibit-p1- a true copy of the memorandum and article of association of the petitioner company. ..... the company herein is governed by the memorandum of articles of association produced as ext.p1. ..... an agreement is also unlawful, if forbidden by an order of a competent authority, which has the force of law. ..... supplied) the difference between the expression 'forbidden by law' and 'void' has also been explained in page 646 thus: " a statute may provide that an agreement shall be only void, or may provide that it shall also be unlawful or illegal. .....

Sabeer Vs. State of Kerala

Court : Kerala

..... unlawful assembly assaulted defacto complainant and his associates who were engaged in white washing electric posts and public walls, is the submission of learned public prosecutor. .....

Binal Kumar Vs. State of Kerala

Court : Kerala

..... occurrence in that case allegedly took place at 2.45.p.m.on 24/05/2013, and the allegation is that the accused persons in the crime as members of an unlawful assembly in pursuance of the common object formed by them assaulted the de facto complainant and some of his companions while they were in a hotel, with lethal weapons like iron pipes, sword, sticks etc. ..... the same day, petitioners attacked with lethal weapons, one of the associates of de facto complainant in the previous crime and caused him very serious injuries, is the case for registering crime no.694 of 2013. .....

Jose Paul Vs. Joint Registrar

Court : Kerala

Reported in : 2006(1)KLT976

..... 7143/2005 (mr.k.t.mattachan), there was a stalemate in the administration of the society since the said person had unlawfully retained the books and other records that the same could be retrieved only by recourse to section 34 of the kerala co-operative societies act (hereinafter referred to as the 'act'), by the intervention of the revenue divisional officer and ..... it is also the assertion of respondents 2 and 3 that the petitioner in this case is a close associate and supporter of mr. .....

Jithesh Vs. State of Kerala

Court : Kerala

..... till that right is decided, the parties claiming right on the basis of the documents are entitled to be in possession of the property and that possession cannot be disturbed by an unlawful act of persons belonging to an organised group and disturb their possession, who have no right to be in possession of the same. ..... the inaction on the part of the police in not initiating appropriate wpc nos.2636 & 2637/13 39 legal action when they received petitions from the petitioners had unfortunately driven them to this court to remove the unlawful encroachment made by the illegal intruders under the guise of called by the political party out of power.23. ..... not exercised by them, then, this court has got a duty to issue commands to such authorities to do their duty in accordance with law and protect the interest of persons, who are affected by the unlawful activities of the persons, who have no right in the property ..... those sub-articles guarantee freedom of speech and expression, right to assemble peacefully without any fear and the right to form association or unions. ..... . the police is expected to prevent unlawful activities being done by persons encroaching into wpc nos.2636 & 2637/13 51 the properties over which they have no right, under the cover of an organised act and when such a duty cast on them under law, if it is .....