Judgment Search Results Home > Cases Phrase: aircraft amendment act 2007 section 12 amendment of section 11 Court: kerala Page 4 of about 4,632 results (0.168 seconds)

Satyapalan Vs. State of Kerala

Court : Kerala

Reported in : 2002(1)ALT(Cri)335; 2002(82)ECC783

..... a fact that the small quantity of brown sugar as on the date of occurrencewas only 250 mg.; but it stands enhanced to 5 grams under the amendment act. theconsequence thereof is that the quantum seized in the present case would have beena small quantity if only the detection was made after 2.10.2001. ..... were collected by thetrial court on 18.12.2001 which is after the commencement of the amendment act,the accused should be given the benefit of the amendment viz., the lesser punishmentfor possessing small quantity as defined in the amendment act. the learned counselalso submitted that the case is cooked up by the prosecution without any factual ..... of retrospective effect with regard to the punishmentfor the offence vide section 41 of the amendment act. it is provided that any personfound guilty of any offence punishable under the principal act, as it stood immediatelybefore the commencement of the amendment act shall be liable for a punishmentwhich is lesser than the punishment for which he was .....

Harrisons and Crossfield Ltd., Quilon and ors. Vs. Commissioner, Quilo ...

Court : Kerala

Reported in : AIR1962Ker185

..... the states be found to be authorised to levy the profession tax according to rules different to those existing earlier, any levy under an amendment to the existing acts, even through judicial interpretation, would not be permissible la other words, it is necessary to determine whether any assessment, not according to the ..... s) air 1956 trav-co 174. the two questions, therefore, inviting adjudication in these writ petitions fire:(1) whether the subsequent notifications amending the proviso to rule 18(2) as well as act xiv of 1958, are constitutionally valid? and(2) whether the quilon municipality, because of the principle underlying the provisions of the general ..... to 202 of 1955, d/- 26-10-1956 (t-c.) where he found that the delegated authority under the relevant provisions of the act could not frame rules with retrospective operations and, therefore, the amendments to rule 18 (1) (a) were ultra vires. the kerala legislature then thought it expedient to enact the profession tax (validation .....

V. Sivalingam Vs. Dakshinamurthy and ors.

Court : Kerala

Reported in : AIR1993Ker83

..... words '3 days reckoned11 with the words 'three clear working days'. this substitution does not have any relevance in the present context. as the explanatory note accompanying the amendment notification itself indicates that it is only to clarify that 3 clear working days are made available for production of the copying sheets to keep the application for copy ..... practice operates in a different field and cannot be pressed into service in the determination of the time requisite within the meaning of section 12(2) of the limitation act.8. this view i have taken is also supported by the decision of the orissa high court reported in smt. aparajita dibya v. binod behari patra (1988) ..... carelessness or negligence, when the sheets are not produced the day next to their being called, it can only be attributed to the carelessness of the applicant to act promptly. with respect i am therefore not in a position to agree with the ratio of the madras decision.9. in the light of the decision reported in .....

Modern Food Industries (India) Ltd. Vs. Assistant Commissioner (Assess ...

Court : Kerala

Reported in : [1993]88STC9(Ker)

..... a general item liable to levy of tax at 4 per cent multi-point prior to september 16, 1980 and came under entry 9 of that schedule after the amendment act of 1980 (act 19 of 1980) which came into force on september 16, 1980. an order issuing the clarification and invoking section 59a was published as g.o. (rt.) no. ..... is not bread but only a bakery product--was the new view taken by the government. that view was expressed under an enabling power which the government got under the amended act of 1978--section 59a. the change of view had serious impact on the fiscal position of the petitioner. it agitated its grievances along the hierarchy of statutory authorities. ..... at the outset. for the purpose of these cases, history need be traced only from 1963 when the kerala general sales tax act, 1963, came into force. 'bread' figures in item 14 of schedule iii of the act. a conjoint reading of section 9 with that schedule brings about the result that the sales are exempt from taxation. the position .....

Kunhaleema Vs. Musthafa

Court : Kerala

Reported in : 2005(1)KLT261

..... contention which would subserve and carry out the purpose and object of the act, rather than defeat it'. (national textile corporation ltd. v. sitaram mills ltd., air 1986 sc 1234.10. if that be the case, we do not find anything ..... authority to examine the matter, when fresh cases of destructions or misuse are alleged. perhaps, in respect of every one of the situations postulated under section 11 of the act, there might occur fresh cause of action, and such possibilities cannot be ruled out. 'courts cannot adopt a doctrinaire or pedantic approach, and it should adopt a ..... admission.4. the principal submission of the learned counsel was with reference to the maintainability of the petition in view of the bar prescribed by section 15 of the act. counsel points out that attempts were repeatedly made by the landlord to get eviction. advertence had been made to such petitions filed as r.c.p. nos. 193 .....

Deepa Vs. Laly Mathew

Court : Kerala

Reported in : 2003(1)KLT87

..... decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.'section 12 of the c.p.c. (amendment) act, 1999 amended section 115 again. the existing proviso was substituted and sub-section (3) was also added after sub-section (2) but before the explanation. the proviso and ..... the ground that alternate remedy is available under article 227 of the constitution. that is the reason why a proviso was added to section 115 by the amendment act of 1976. the legislature considered the recommendations made by the report of the arrears committee headed by justice malimath. the committee agreed in principle that the scope ..... learned single judge in madhavan's case that the proviso affects the pending cases in view of the provisions contained in clause (i) of section 32 of the amending act also requires reconsideration. it is argued that the word 'proceeding' is used with regard to the orders under challenge in the revision and not civil revision petition .....

K.Prabhakaran, and ors. Vs. G.Nalinakshan, and ors.

Court : Kerala

..... is under what circumstance such amendment is permissible? 2. short facts necessary for a decision of the question are: deceased original plaintiff, the predecessor-in ..... been said about the power of court to allow parties before it to amend their pleadings now of course to the restriction imposed by the proviso to rule 17 of order vi of the code of civil procedure (for short, "the code") brought in by amendment act 22 of 2002. but the question urged for a decision in this petition ..... has been in possession and enjoyment of the property and after her respondents are in possession and enjoyment of the said property. they also contended that the proposed amendment is not necessary for deciding the real controversy involved in the suit. learned munsiff though not by a detailed order held that claim of tenancy has admittedly .....

Bharat Plywood and Timber Products Private Ltd. Vs. Kerala State Elect ...

Court : Kerala

Reported in : AIR1972Ker47

..... of profits. so goes the argument of counsel appearing for the petitioners.9. there was this classification in the previous indian income-tax act. section 23a was included in that act by an amendment in 1930. that section empowered the income-tax officers to assess companies to super-tax on undistributed income and that in the case of ..... has been practical and has permitted a very wide latitude in classification for taxation 'and in weavers constitutional law, article 275, at page 405 :' the fourteenth amendment was not designed to prevent a state from establishing a system of taxation or from effecting a change in its system in all proper and reasonable ways nor ..... closely held companies. but that does not mean that there is no real distinction between the two types of companies. the objects of the two acts, the companies act and the income-tax act, are different. unlike closely held companies, in the case of widely held companies, public have a predominant voice in their management. for tax .....

Smt. Sumithra Vs. Smt. Kamala Bair and ors.

Court : Kerala

Reported in : AIR1979Ker164

..... at this stage thecourt cannot travel outside the materials and allegations contained in theplaint and the materials contained inthe statement, if any, filed under section 10 of the act -- section 12(1).secondly, thereafter the court can takeup this question for decision only if adefendant raises the same by his writtenstatement filed before the first hearingor ..... is contended before me on behalf of the plaintiff-revision petitioner that in view of the provisions contained in the kerala court fees and suits valuation act, 1959 -- shortly stated the act -- and particularly the provisions in chap. iii thereof, the lower court has no jurisdiction to reassess the market value of the properties, be it ..... governed by sections 32 and 33 of the andhra court fees and suits valuation act, 1956 in which the plaint is registered, the amount estimated in the plaint is liable to be reviewed and as a consequence the plaintiff is bound to amend the valuation and pay higher court fee?(2) if the answer to the .....

Balanandan Vs. Koyakutty

Court : Kerala

Reported in : 2006(1)KLT117

..... the second proviso to section 11(3). a remand of the case to the rent control court is necessary for that purpose. both parties are allowed to suitably amend their pleadings and to adduce evidence in the case.16. the appellate authority held, while dealing with the case under the second proviso to section 11(3) ..... multiplicity of proceedings as well. since the tenancy continues, nothing prevents the landlord from issuing another notice and initiating fresh proceedings for eviction. section 15 of the act would not be a bar for filing such a rent control petition. an interpretation which would lead to multiplicity of proceedings is not liable to be accepted. the ..... who was sought to be evicted from the petition schedule building under sections 11(2)(b) and 11(3) of the kerala buildings (lease and rent control) act. while the rent control court dismissed the application on both the grounds, the appellate authority allowed the appeal and held that the landlord has established sufficient grounds .....