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Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 Court: kerala Page 1 of about 1,374 results (0.044 seconds)

Nov 27 1998 (HC)

United India Insurance Company Limited Vs. P.N. Thomas and ors.

Court : Kerala

Reported in : 2000ACJ536

..... 709 and hughes v. lord advocate, (1963) 1 all er 705. while adjudicating the claims for compensation by the tribunal under section 165 of the act the foreseeability test has no application. it is for the civil court to apply this test while assessing the damages in accordance with the facts and circumstances of each case.14. in view of what is said ..... other and what is required in this context is to examine whether its cognizance is either expressly or impliedly barred. section 175 of the act expressly creates a bar on jurisdiction of civil courts to try a claim for compensation which may be adjudicated upon by the claims tribunal for that area. therefore the question is whether the claim for compensation in these ..... the accident, even though it cannot be termed as 'damage to property' have to be decided only by a civil court and not by the tribunal. such an interpretation is in accordance with the general tenor of the provisions of the motor vehicles act as well as the principle that the phrases and sentences in a statute are to be construed literally and ..... cases is a matter to be adjudicated upon by the claims tribunal as provided in section 165 of the act. the said section provides that the .....

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Jul 05 2006 (HC)

Vijayarajan Vs. Kalavathy

Court : Kerala

Reported in : AIR2007Ker25; 2006(3)KLT470

..... . the only bar for a creditor to institute such a suit is the one provided under section 28(2) of the insolvency act.13. it is well settled that exclusion of jurisdiction of the civil court is not to be lightly inferred. it is also well settled that where a statute gives finality to the orders of the special tribunals, jurisdiction of the ..... creditor. we are of the view that in cases where the debtor could be proceeded against under the insolvency act, a suit for administration is not maintainable before the civil court.14. now let us take the instance where the debtor has not done any act of insolvency and where the assets of the debtor are quite sufficient to discharge all his debts. in ..... an insolvent, the remedy of the creditor is to initiate proceedings under the insolvency act. a complete and effective remedy is provided in the said act for enforcement of the rights of the creditor. in such fact situation, the creditor is not entitled to file an administration suit before the civil court. it is true that the creditor could institute a suit in the ..... civil court for recovery of money against the debtor and execute the decree in any manner provided .....

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Jul 08 2014 (HC)

N.V Ali Akbar Vs. Abdul Azeez

Court : Kerala

..... counsel for the petitioners, the learned additional advocate general and the learned standing counsel for the wakf board. 3.section 85 of the principal act provided that no suit or other legal proceedings shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf or wakf property or other matter which is required by or ..... section 85 of the act, it is contended. 2.in view of the importance of the issue in the realm of judicial administration and deliverance of justice, notice was ..... in the context of the jurisdiction of the tribunal in terms of sub-section 1 of section 83 of the act and the extent of exclusion of jurisdiction of the civil court, revenue court and any other authority in terms of section 85 of the act. so much so, any attempt to make the tribunal a part-time one for any or all of the ..... tribunal constituted under section 83 of the wakf act, 1995, in view of the amendment to that section as per the wakf (amendment) act, 2013. they plead disability to institute proceedings in the absence of a tribunal with the composition in terms of the amended provisions. they are also precluded from suing in the civil courts owing to the bar of jurisdiction as per .....

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Feb 01 2007 (HC)

T.R. Ravi Vs. Ali Kunhu and anr.

Court : Kerala

Reported in : 2008(1)KLJ400

..... 88 of the act is not mandatory, but only directory. section 88(1) is a substantive provision while section 88(2) is not.15. so ..... while the government of kerala, in consultation with the high court of kerala issued notification sro no. 1120/95 enumerating that and other courts as the appropriate courts to try election petitions under the act. thereafter, by its establishment under section 5 of the kerala civil courts act, 1957, 'c.c. act', for short, on the basis of g.o. (ms) no. 185/2000/home dated 4-8 ..... -2000, the munsiff's court, sulthan bathery has the exclusive territorial jurisdiction over the ..... petitions can be confined, for administrative efficacy and convenience, to one among the different appropriate courts having co-extensive territorial jurisdiction, like where there are more than one munsiffs or district judges, as the case may be, exercising powers, as enjoined in terms of the kerala civil courts act. in this view, it has also to be held that sub-section 2 of section .....

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Oct 19 1966 (HC)

Sheikriyammada Nalla Koya Vs. Administrator, Union Territory of Laccad ...

Court : Kerala

Reported in : AIR1967Ker259

..... of each island on sitting with four or more assessors shall be the civil court for the island, and shall have jurisdiction over all civil claims arising there under. section 23 prescribes the procedure for commencing a ..... laooadive islands and minicoy regulation 1 of 1918 would indicate that the court of the administrator is a regular court. under section 21 of the above act all questions relating to any right claimed or set up in the civil courts of tha islands shall be determined in accordance with any custom ..... the force of law'. therefore, the further question for consideration is whether enforcement of the custom by an order passed by a civil court can be interfered with under article 226 or 237 on the ground that the order is violative of the fundamental rights under article 19 ..... not manifestly unjust or immoral governing the parties or property concerned, and in the absence of any such custom, according to justice, equity and good conscience section 22 says that the local amin ..... (1878-79) 25 law ed 676, 679 the court observed: 'a state acts by its legislative, its executive, or its judicial authorities. it can act in no other way.' in the civil rights cases, (1881-83) 27 law ed 835, 839, 841 the court pointed out that the 14th amendment makes void 'state .....

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Apr 10 2012 (HC)

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

..... the mukri had unauthorisedly leased out 57 coconut trees belonging to the mosque to one mutharammel pookkukoya, the second defendant therein. in that litigation the amin and the karanavans who were exercising the powers of a civil court made a local inspection of the property and prepared a plan demarcating the area occupied by the mosque from the neighbouring properties on the south ..... the cognizance of the wakf tribunal by virtue of sec. 6 of the wakf act, 1995. defence of d4 6. there were only three defendants in the ..... said list was published under sec. 5 of the wakf act, 1995. in that notification the mohiyudeen palli is stated as belonging to the people of androth island and the muthawalli of the said mosque is shown as the amin and karanavans . so far nobody had objected to the said notification. the civil court has no jurisdiction to try the suit which is within ..... , west and south west of the property of the mosque. the first defendant mukri namely mutharammel abdu rahiman koya finally swore before the amin and the karanavans that the property .....

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Mar 28 1960 (HC)

Joseph and ors. Vs. State of Kerala

Court : Kerala

Reported in : AIR1961Ker28

..... against the accused and has refused to accept the documentary evidence furnished by ext. c and the oral evidence given by pw. 24 who is the amin deputed by the civil court to effect delivery of the property as per the warrant issued to him. it is common ground that the warrant of delivery entrusted to pw. 24 ..... have committed an act of theft in removing the articles which were found in the shed even after the same had been delivered over to him through court. if pw. 1 has any claim to any of these articles, he has to seek appropriate relief through a civil court. 9. from the findings recorded above, ..... shed to continue there as a prayer hall any longer. in pulling down the shed, he cannot be said to have intended or known that such an act will be an insult to the religion of others who had no manner of right over the property or the shed. similarly, he cannot be said to ..... articles which were thus abandoned by him, cannot be said to be articles held sacred by him. 8. the next aspect to be considered is whether the act of the 1st accused, with the help of accused 2 to 4, in pulling down the prayer hall and in removing the articles which were found therein, can ..... the lessees and others in making use of this shed as aprayer hall could continue only as long as the lease arrangements continued. a lessee by his unilateral act cannot prejudice the lessor's proprietary right in the leasehold property. even if pw. 1 and the other members of his family had any idea to dedicate .....

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Jan 10 1994 (HC)

C.K. Rajan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1994Ker179

..... intervened to prevent fraud and waste in dealing with religious endowments.' 'in manohar ganesh v. lakshmiram, (1888) ilr 12 bom 247, west and birdwood, jj. observed : civil courts have jurisdiction to enforce trusts for charitable and religious purposes, having connection with hindu and mohammadan foundations and to prevent fraud and waste in dealing with religious endowments, though incidentally ..... factsand circumstances and made local inspection and discussed the matter with the parties and submitted a report containing reasoned findings, prima facie it constitutes evidence which can be acted by a court of law. interference with the result of a detailed and careful report so submitted should be made only for cogent and compelling reasons. in a case where ..... and administration of charities which requires to be remedied. that is why such actions were called 'information' -- a name which was dropped only after the supreme court of judicature act, 1871''.......from very early times the religiousand charitable institutions in this country came under the protection of the ruling authority. there is indeed no clear written texts directly ..... section, in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the funds, .....

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Jan 17 1969 (HC)

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

Court : Kerala

Reported in : AIR1970Ker30

..... to might require reconsideration, is the question before us.2. we have come to the conclusion that, having 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 ..... being a decree within the meaning of the code, the forum being determined, so far as first appeals are concerned, by the provisions of the relevant civil courts act. there are numerous decisions of the several high courts to this effect, but, for our purposes, it is sufficient to refer to the full bench decisions in chikkana v. perumal, air 1940 mad 474 (fb ..... not a suit in the sense in which that word is used in section 13 of the kerala civil courts act therefore, appeals from the decrees or orders of a subordinate judge's court in such proceedings lie to the high court under section 12 of the kerala civil courts act irrespective of the value of the subject-matter; and, in no circumstances, can section 13 apply so ..... these words to give the word, 'suit' the wider ambit given to it by sir barnes peacock in burro chunder roy chowdhry v. shoorodhones debia, (1856) 9 suth wr 402, as including 'any proceeding in a court of justice to enforce a demand', at a time when the code contained no provision like section 26. and by presenting a nelson's eye .....

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Nov 19 1971 (HC)

Kali Pennamma Vs. St. Paul's Convent in Palluruthy Vadakkummuri

Court : Kerala

Reported in : AIR1972Ker185

..... inheritance applicable to sree bandara chettis belonging to the trivandrum district. the court referred to scctipn 18 of the tra-vancore civil courts act, and held that, by virtue of the said provision and the corresponding provisions contained in the travancore-cochin civil courts act as well as the kerala civil courts act, the court was bound to apply the rules of hindu law, unless there was ..... a custom modifying the same, since the parties were hindus. section 18 of the travaneore civil courts act reads:'where in any suit or proceeding, it is necessary for any ..... court under this regulation to decide any question regarding succession, inheritance, marriage or caste, or any religious usage, or institution,--(a) the ..... to justice, equity and good conscience.'16. there is a similar provision in section 24 of the travancore-cochin civil courts act, 1951; but there is no such corresponding provision in the kerala civil courts act, 1958. perhaps the above provision may be justified as one laying down the law in respect of the matters mentioned therein, and not one which .....

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