Court : Kerala
Reported in : 2008(2)KLJ170; 2008(2)KLT857
..... order:now, therefore, in exercise of the powers conferred by sub-section.(1) of section 3 and section 4, preventive detention act, 1950 (act iv of 1950), as amended by the preventive detention(amendment) act, 1951 (act iv of 1951), the governor of punjab directs that the said makhan singh tarsikka be committed to the custody of inspector general of ..... order and supporting records which, in his opinion, have a bearing on the matter. the very same section further declared that 'no such order shall remain in force for more than 12 days, excluding public holidays, from the date of detention of such known goonda or known rowdy, unless, in the meantime, it has been ..... and kerala protection of river banks and regulation of removal of sand act, 2001. it was stated in the report that the detenu cheated 17 persons in ernakulam district by offering jobs at kochi international air port and deceitfully collected huge amounts from them. the report further shows that the detenu is currently involved in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker148
..... file a declaration signed by him 'to the effect that he believes in god and professes the hindu religion.'2. the travancore cochin hindu religious institutions act, 1950 (act xv of 1950) was enacted to make provision 'for the administration, supervision and control of incorporated and unincorporated devaswom and other hindu religious endowments and funds', of the ..... seventeenth november. 1984. this ordinance, 86 of 1984, which is challenged, was promulgated on the 29th of november, 1984, and deemed to have come into force on the 10th day of october, 1984, repeals the earlier ordinance and saves anything done or any action taken under the previous repealed ordinance.8. admittedly the ..... (dedicated to the public) treating it as a public purpose, and this position has not changed even under the present constitution. ilr (1955) mad 355 ; air 1954 mad 385'. 'on an analysis of the aforesaid cases it is evidence that even assuming that the society or auroville was a religious denomination,clause (b) .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ131
..... under section 22 would comprehend the power to exercise effective control over the actions, performance and discharge of duties of the police force throughout the general district. section 3 of indian police act reads:3. the superintendence of the police throughout a general police district shall vest in and, shall be exercised by the ..... reports and not fresh report or report-regarding the 'further' evidence obtained daring such investigation.the legal position was reiterated in ramachandran v. r. udayakumar : air 2008 sc 3102 holding that under section 173(8) there can only be further investigation and not reinvestigation.13. the question than is how far a superior ..... thereof but only a provision entitling superior officers to supervise or participate under section 551.the position was again considered in abhinandan jha v. dinesh mishra : air 1968 sc 117. after analyzing chapter xiv of the code(corresponding to chapter xii of 1973 code) and the observations of the judicial, committee in nazir .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker42
..... of the devaswoms, both incorporated and unincorporated, in the erstwhile area of travancore vests in the travancore devaswom board under the travancore-cochin hindu religious institutions act, 1950, act 15/1950. all the hindu religious endowments and properties and funds except the sree padmanabha swami temple, sree pandaravaka properties and all other properties and funds of the ..... stand of the government pleader is against the authoritative pronouncement of the supreme court referred to earlier. the supreme court had in unmistakable terms held in air 1954 sc 388 thai in regard to affairs in matters of religion the right of management given to a religious body is a guaranteed fundamental right ..... 15. what is a religious denomination and what is its identity were considered by the supreme court in raja bira kishore'deb v. state of orissa, air 1964 sc 1501. the supreme court held that the identity of a religious denomination consists in the identity of its doctrines, creeds and tenets and these .....
Tag this Judgment!Court : Kerala
Reported in : AIR2008Ker96; 2008(2)KLT416
..... writ petitions.2. constitutional validity of certain provisions of the travancore-cochin hindu religious institutions act, 1950 was the subject matter of a decision of a full bench of this court in p.m. bramadathan nambooripad v. cochin devaswom board air 1956 trav-co. 19. contention was raised before the full bench that sections 63 and ..... prior to the coming into force of the legislation has been dealt with in detail in paragraph 9 of the decision in muraleedharan nair's case : air1991ker25 , supra and hence it is unnecessary to trace out the history which led to the enactment of travancore cochin hindu religious institutions act, 1950. we are in this case ..... pleader sri k.k. ravindranath and standing counsel for the travancore devaswom board sri u.k. ramakrishnan.9. the travancore-cochin hindu religious institutions act, 1950 stood the test of times for over half a century and some of the provisions were subject matter of challenge before this court in brahmadathan namboothiripad's case .....
Tag this Judgment!Court : Kerala
Reported in : [1996]219ITR755(Ker)
..... have to be passed and communicated to the applicants on the application for registration of sub-partnership firms made under section 27 of the agricultural income-tax act, 1950, read with rule 4(2) and rule 7 of the agricultural income-tax rules, 1951 ?'2. the assessees are partners of subramaniam rubber estates, punalur ..... sub-partnership firms with certain other individuals. for the assessment year 1980-81, they had applied for registration under section 27 of the agricultural income-tax act. the agricultural income-tax officer, pathanamthitta, rejected the applications for registration of sub-partnership firms and assessed the partners of subramaniam rubber estates on their ..... preliminary objection and held that the contention of the appellants that separate orders are mandatory on the applications for registration, has some force. but the appellate tribunal found that the assessing authority has not properly disposed of the applications for registration made under section 27 of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332
..... is to be treated as void to the extent of repugnancy. so far as state of tamil nadu and karnataka are concerned the chitties act, 1982 (central act) is already in force. section 4 of the central act stipulates that no chit shall be commenced or conducted without obtaining the previous sanction of the state government. some of the petitioners have already ..... to bring in a legislation for the state of kerala. this legal position is settled by the decision of the apex court in aeltemesh rein v. union of india, air 1988 sc 1768, wherein the court held that it is not open to the court to issue a mandamus to the central government to bring a statute or a ..... related transactions fall under entry 7, list iii of the seventh schedule. the apex court in m/s. sriram chits and investment (p) ltd., air 1993 sc 2063, held that the chit fund act, in pith and substance, deals with special contract and consequently falls within entry 7, list iii of the seventh schedule. state legislature and the parliament .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker18
..... candidate, to be void. the electoral roll was compiled under the provisions of the representation of the people act, 1950 andthe representation of the people (preparation of electoral rolls) rules, 1956, which may be referred to hereatter as the 1950 act and tha rules respectively, the qualifying date being january 1, 1959. the election and the trial of ..... that the result of the election has been materially affected. hidayatullah, c. j., as he then was, observed 'thus in inayatullah khan v. diwanchand mahajan, air 1959 madh pra 58 :'..... it is therefore clear that generalevidence of a likelihood, such as has been tendered in this case, is not decisive of the matter ..... agent in connection with the electionwith the consent of the candidate'and this is adopted for the purpose of section 100 as well,by the force of section 99(2) of the act.it may be assumed for the present purpose withoutdeciding, that 'janayugom' was an agent of the respondentwithin the meaning of the explanation. the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker149
..... the scheme of that section appears to be that if the land is shown to be private forest on the date the madras preservation of private forests act came into force, it would continue to be private forest even if it has actually ceased to be a forest unless one or other of the exclusions in clauses ..... forest lands and jungles' could not be used for agricultural operations-but a different view was taken in the subsequent decision in state of kerala v. gwalior rayon (air 1973 sc 2734) where more particulars were apparently available, when their lordships categorically held that all the private forests in kerala could be treated as agricultural land. that ..... the same definition clause ?the second point is practically coveredby the full bench decisions of this courtin state of kerala v. amalgamated malabar estates (1979 ker lt 829) : (air 1980ker 137) and state of kerala v. malaya-lam plantation (1980 ker lt 976) : (air1981 ker 1) but another full benchdoubted their correctness, and that ishow .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker279; [1959]36ITR544(Ker)
..... losses occurred.12. the indian income-tax act was extended to travancore-cochin and the travancore income-tax act was repealed by sections 3 and 13 of the indian finance act of 1950. section 13 (1) of the finance act of 1950 provides :'13, (1) if immediately before the 1st day of april, 1950, there is in force in any part b state other than ..... to be a revenue receipt, and not a capital receipt, is stated by his lordship at pages 915 to 917 (of itr): (at pp. 495-498 of air) of the report as follows:'for the purpose of this distribution business the assessee obviously had arrangements with the proprietors of different cinema halls. if any producer failed to ..... cases in which this question has come up for consideration. in the commissioner of income-tax, bombay v. sind hindu provident funds society, (1940) 8 itr 467: air 1941 sind 110, the chief court of sind had to consider the effect of a change in the rules regarding exemption from tax of interest on government securities.the assessment .....
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