Court : Kerala
Decided on : Mar-10-2016
..... the husband or solely to the wife and further that the power in the nature of things is inherent in the legal proceedings which properly arise under the hindu marriage act and therefore, section 27 does not exclude the general power of the court to pass an appropriate decree in regard to the ..... petitioner is entitled to get any relief in the interim applications referred above, under section 27 of the hindu marriage act. section 27 reads as follows: 27. disposal of property.-- in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to ..... to both the husband and the wife. 6. on a plain reading of section 27 what is discernible is that, in an already instituted proceeding under the act, the court is vested with power to make such provisions in the decree as it deems just and proper with respect to any property ..... petitioner ought to have claimed in the original petition or by a separate original petition. therefore, it was held that, section 27 of the hindu marriage act has no application since the relief claimed in the interlocutory applications was not with respect to any of the properties jointly belonging to the spouses. ..... kamta prasad since what is contemplated under section 27 of the hindu marriage act, is a power conferred on the court to make any provision with respect to any property jointly belonging to the husband and wife by way of a summary proceedings. true, it may be a property received individually and used .....Tag this Judgment!
Court : Kerala
Decided on : Jan-29-2016
..... is incompetent to grant sanction and there is no proper application of mind of the sanctioning authority before granting sanction and the sanction is otherwise not valid in law. so under the circumstances, court below was perfectly justified in coming to the conclusion that the sanction was proper and the prosecution ..... he had dishonestly misappropriated the same for his purpose. 12. in the decision reported in jaikrishnadas manohardas desai and another v. state of bombay (air 1960 sc 889) it has been observed that: to establish a charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode ..... the accused. further, this can be supplemented by the court by examining the same by itself invoking the power under section 73 of the evidence act with the admitted handwriting of the accused. so merely because expert opinion was not obtained, it cannot be said that the prosecution has failed to ..... accused to prove the handwriting and signature in the disputed vouchers and also compared the same invoking the power under section 73 of the evidence act with the admitted writing of the accused available in the court records and the documents produced and marked in the case. it is settled law ..... 468, 471, 477a, 409, 120b of the indian penal code and section 13(1)(c) and section 13(2) of the prevention of corruption act, 1988, alleging that they have misappropriated an amount of 53,360/- creating false vouchers. it is also an admitted fact that the investigation in this .....Tag this Judgment!
Court : Kerala
Decided on : Feb-22-2016
..... eviction on the apprehension that the building where she was residing was likely to be acquired by the government, but later it was revealed that no proceedings to acquire the land has taken place even after the lapse of ten years and in such circumstances, the authorities below found that the need alleged ..... . the rooms in which his brother-in-law and wife had been conducting business were also let out to others. during the pendency of the proceedings, the life insurance corporation as well as the corporation bank have vacated the premises and they were let out to others. all these things will ..... another (2014 (1) khc 4361, it has been held that tenant contending that landlord has other buildings, but face with recovery proceedings from bank was held to be a special reason enabling the landlord to overcome the bar under the first proviso to section 11(3) of the ..... any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under this act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in reference thereto as it things fit. (2) the ..... and ram dass v. ishwar chander and others (air 1988 (sc) 1422), in which the decision reported in moti ram v. suraj bhan and others (air 1960 (sc) 655) was followed, the issue was referred to a larger bench. while considering this aspect, the apex court also considered the revisional powers provided under other .....Tag this Judgment!