Court : Kerala
Decided on : Dec-05-2013
..... dealt under chapter ix(a) of the town planning act. by virtue of 73rd and 74th amendments, necessity arose to make various changes, as planning of the city and village has to be conducted in the local self government institutions. to ..... court on the same day delivered the following: wp(c).no. 17034 of 2013 appendix petitioner's exhibits: exhibit p1: copy of go(ms).no.98/07/lsgd dated303.2007 issued by the local self government (g) department. exhibit p2: copy of go(ms).140/2013/lsgd dated34.2013. /true copy/ ps to judge manjula chellur, c ..... would be proper to constitute a special authority. therefore, though calicut development authority came to be wound up way back in 2007, having regard to the need of a separate authority under the town planning act, it was decided to constitute the authority in question. the composition and functions of the town planning authorities are specifically .....
Tag this Judgment!Court : Kerala
Decided on : Dec-18-2013
..... 06.1967. previously, effect of that section with respect to grant of exemption under sections 87, 88, 90 or 91 of the act was to operate either prospectively or retrospectively. by subsequent amendment under act 18 of 2010 dated 24.05.2010 the words 'either prospectively or retrospectively' were substituted by the word 'prospectively'. previously, 91a ..... newly added has no retrospective effect since it has not been spelt out so in section 45a of the act. reference is made to section 91a of the act where it has been specifically stated that the amendment made to that section has got only prospective effect. i do not find any merit in the submission made ..... the e.i. court was directed to consider the question of limitation afresh taking note of the decision rendered in employees' state insurance corporation v. santha kumar [2007(1) klt133sc)]. on such remand, after reconsidering the issues involved in the proceedings, e.i. court again set aside the demand notice issued by corporation under the .....
Tag this Judgment!Court : Kerala
Decided on : Aug-12-2013
..... college has opened a new or higher course of study or training or increased the admission capacity on or before the commencement of the indian medicine central council (amendment) act, 2003, such person or medical college, as the case may be, shall seek, within a period of three years from the said commencement, permission of ..... capacity etc. from time to time, many changes were brought into effect introducing average annual bed occupancy, required infrastructure for post graduate ayurvedic education etc. after amendment in 2003, as many as 252 applications from existing colleges were received in november, 2006. wa.1701/1 9. when these applications were taken up for ..... deficits. then it was decided not to take any action against the existing colleges so far as penal provisions of section 13 for the academic year 2007-08. this was done because of the undertaking that full complement of teaching and non-teaching staff infrastructure facilities etc would be complied with within the time .....
Tag this Judgment!Court : Kerala
Decided on : Dec-03-2013
..... 218,219 and 220 of 2012 9 [(2) the provisions of this section as they stood immediately before their amendment by the direct tax laws(amendment) act, 1987 (4 of 1988), shall apply to and in relation to any action initiated for the imposition of penalty ..... 5. as stated earlier, so far as the quantum appeals before the tribunal is concerned, the judgment was on 27.09.2007. the assessee was not filing return of income regularly. however, no books of accounts were also maintained.6. it is also ..... the question of deemed concealment would not come to the aid of the department as indicated at explanation iii. section 275 of act reads as under:- "275. bar of limitation for imposing penalties-[(1)] no order imposing a penalty under this chapter shall be ..... the quantum appeal before the tribunal was finally decided on 27.09.2007, therefore the financial year in which the quantum appeal before the tribunal came to be decided being 27.09.2007, the proceedings ought to have been initiated on or before 31.03 .....
Tag this Judgment!Court : Kerala
Decided on : Dec-04-2013
..... item that has been uniformly included within the expression "foreign liquor" by both the abkari act as well as the foreign liquor rules.6. as per ext.p5 ordinance, section 447 of the kerala municipality act, 1994 (the 'act' for short) has been amended by inserting sub sections 7 to 10 therein. sub sections 7 to 10 of the ..... amended section 447 of the act are extracted hereunder for convenience of reference:- "7. notwithstanding anything contained in the abkari act, 1077 (1 of 1077) or in any other ..... 7) to (9) shall not be applicable to any abkari shop existing on the 25th day of november, 2012, the date of commencement of the kerala municipality (second amendment) ordinance, 2012 (64 of 2012), or, subject to all existing legal provisions, for re-establishing the toddy shops existing on the said date, in the wpc58182013 8 .....
Tag this Judgment!Court : Kerala
Decided on : Dec-12-2013
..... pradesh, by sec.9 of the code of criminal b.a.nos.8029, 8030, 8031 and 8032 of 2013 31 procedure (up amendment) act, 1976, sec.438 of the code has been totally omitted with effect from 28.11.1975 while the states of west bengal and ..... 8032 of 2013 15 principle laid down in the aforesaid decision is that it is within the power of the special judge under the amendment act to exercise such powers as are required, so far as it is not inconsistent with the provisions of the code and not specifically ..... court noticed that while under subsec.(3) of sec.8 of b.a.nos.8029, 8030, 8031 and 8032 of 2013 14 the amendment act a special judge is deemed to be a court of session for certain purposes, subsec.(2) empowered the special judge to grant tender of ..... 7, it is held, "the provisions of the crpc are not excluded unless they are inconsistent with the criminal law (amendment) act. thus read there could be no difficulty in coming to the conclusion that the crpc is applicable when there is no conflict with .....
Tag this Judgment!Court : Kerala
Decided on : Dec-10-2013
..... schedule i of the kmmc rules, as evident from ext.p10 communication therein (dated 18.3.2006), whereby the director of mining and geology was informed that the proposal to amend the schedule to the kmmc rules, for fixing royalty for 'ordinary earth' in tune with w.p.c. no.4415/13 & conn. cases -16- the central government notification, had been ..... in 'weathered rock/weathered sand' as well. reference is also made to g.o.(p) no. 138/12/id dated 17.11.2012, whereby the kmmc rules, 1967 have been amended to the effect that, 'ordinary earth' has been included in schedule no.1, so as to enable the government to realise royalty in respect of excavations of ordinary earth. a ..... (hereafter referred to as 'mmdr act') and included in the 1st schedule to the kerala minor mineral concession rules, 1967 (hereafter referred to as 'kmmc rules') as per g.o.(p) no. 138/12/id on amendment of the relevant rules, is the point to be answered in these writ petitions. w.p.c. no.4415/13 & conn. cases -2- 2. various .....
Tag this Judgment!Court : Kerala
Decided on : Dec-18-2013
..... made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies coa. 14/2013 22 (amendment) act, 1960." 17. in fact the learned counsel for the official liquidator would submit that the appellants have not even submitted claim. but the learned special government pleader would point ..... contained in article 246 of the constitution can be brought into play. in fact what was held inter alia is as follows; "section 529a of companies act as inserted by 1985 amendment only expands scope of dues of workmen and place them at part with the debts coa. 14/2013 20 due to secured creditors and there is no ..... up proceedings. even the wages, salary and other dues payable to the workers and employees were payable in priority to all other debts. what parliament has done by these amendments is to define the term "workmen dues" and to place them at part with debts due to secured creditors to the extent such debts rank under clause (c) of .....
Tag this Judgment!Court : Kerala
Decided on : Nov-12-2013
..... lack of state of mind or capacity to understand one's affairs, or marital obligations, or implications of marital relationship. clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under: "has been incurably of unsound mind for a continuous period of not less than three years immediately preceding ..... .389. a person of unsound mind is either an idiot or lunatic in a more serious stage. clause (ii) of s. 5 of the hindu act has also been substituted by the 1976 amendment act. original clause reads as follows: "neither party is an idiot or lunatic at the time of marriage". term 'unsound mind' is more comprehensive. idiocy ..... from paranoid schizophrenia. but however, the petitioner, who approaches the family court, can obtain a decree of divorce under section 13(1) (iii) of the hindu marriage act, only if he succeeds in establishing that the mental disorder is of such a kind and to such an extent mat.appeal no.914/10 :5. : that the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-12-2013
..... proved on the part of railway officers, railway is liable to pay compensation as prescribed in the schedule. see s.124a and 123 ( c) of the railways act, 1989 as amended by railways (amendment) act, 28 of 1994. even if there is no negligence on the part of the railway employees, it cannot be presumed that injuries caused to the victim m.f ..... the proviso, however, declares that no compensation shall be payable inter alia if the passenger dies or suffers injury due to (b) self-inflicted injury, (c) his own criminal act. we are not concerned with the other exceptions.8. we are of the view that the finding of the tribunal that the deceased in this case is guilty of an ..... or died due to any natural cause. the court found that the falling down of the deceased in the said case was clearly accidental.7. in section 123 of the act accident is defined as meaning as accident of the nature described in section 124. untoward incident is defined in section 123 ( c). it includes accidental falling of any .....
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