Ourupuvil Mathew Ouseph vs The District Collector

Excerpt: If simultaneous with the receipt of the amount of compensation an application of reference is moved, it goes without saying that it would amount to protest, for the very fact that the petitioner questions the quantum of compensation indicated that he is not satisfied with the compensation determined in the award. So long as … Continue reading Ourupuvil Mathew Ouseph vs The District Collector

K.I. George And Anr. vs C. Cheriyan And Ors.

Excerpt: the plaintiff is claiming exclusive rights to the exclusion of all others to reproduce the pictures it would appear that such right will come within the definition of 'exclusive licence' as defined in the Act and not the violation of a term in a contract. As such the ordinary civil court has no jurisdiction … Continue reading K.I. George And Anr. vs C. Cheriyan And Ors.

The mere fact that the rooms have been let out on rent to different lodgers on a monthly basis is not sufficient to constitute these rooms into separate residential units for the purposes of the grant of the benefit.

 Excerpt:The mere fact that the rooms have been let out on rent to different lodgers on a monthly basis is not sufficient to constitute these rooms into separate residential units for the purposes of the grant of the benefit under Clause (b) of the second proviso to Section 23(1) of the Act. As already indicated, we are … Continue reading The mere fact that the rooms have been let out on rent to different lodgers on a monthly basis is not sufficient to constitute these rooms into separate residential units for the purposes of the grant of the benefit.

Where the assessee for one reason or the other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of the assessee’s surrender will not be well-founded.

Excerpt:Where the assessee for one reason or the other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of the assessee's surrender will not be well-founded. Depending upon the facts and circumstances of each case, the court has to decide whether penalty is justified. It is always for the … Continue reading Where the assessee for one reason or the other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of the assessee’s surrender will not be well-founded.

sisters by full blood will exclude a brother by half-blood from inheritance by virtue of the provisions contained in Section 18 of the Act.

Excerpt:by virtue of Section 18 of the Hindu Succession Act, full brothers and sisters have to be preferred and the plaintiff will stand excluded notwithstanding the fact that he will be an heir coming under Class III of the Schedule. As defendants 1 to 3 who are sisters by full blood are available as heirs … Continue reading sisters by full blood will exclude a brother by half-blood from inheritance by virtue of the provisions contained in Section 18 of the Act.