Court : Kerala
Reported in : (1953)IILLJ563Ker
..... opinion that such a dispute exists or is apprehended. this argument was based upon the language of sub-section (1) of section 10 of the act as amended by the industrial disputes (amendment) act, xviii of 1952 (passed on 4 march 1952) which altered the original language 'if any industrial dispute exists or is apprehended, the appropriate government ..... . the contention urged is only that the trade unions have not been recognised under chapter iii-a in the indian trade unions act, 1926, inserted by section 4 of the indian trade unions amendment act, xlv of 1947. chapter iii-a contains section 28-a to 28-1, relating to recognition of trade unions. section 28 ..... the date on which the president assented to the industrial disputes (appellate tribunal) act, xlviii of 1950, the 34th section of which provided for the amendment of the industrial disputes act, xiv of 1947, in the manner specified in the schedule and the first amendment so specified was of the second sub-section of section 1 so as .....
Tag this Judgment!Court : Kerala
Reported in : 1956CriLJ1020
..... was legally possible.the contention that the bar would equally apply to the offences under sections 161 and 165-a cannot be sustained as under section 7, criminal law amendment act, 1952, the only court competent to try offences under those sections is the opurt of a special judge which in this case happens to be the court of sessions ..... accused 1, 2 and 4 abetment thereof (section 165-a).the case happened to be filed directly before the sessions court as per the provisions of the criminal law amendment act, 1952 and the charge-sheet was laid on 5-9-1955. in due course-all the five accused persons entered appearance and afterwards, on 8-10-1955 three of ..... 10-1955 by the very same accused persona and the purport of that application was that the quilon sessions court had no jurisdiction to entertain the case as the acts alleged were all committed within the jurisdiction of the trivandrum sessions court. the order sought to be revised before us is a consolidated order which the learned sessions .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker280; [1957]8STC817(Ker)
..... the state of travancore-cochin, and the 2nd, the sales tax officer, first circle, trichur.2. article 286(2) of the constitution as it stood before the sixth amendment (excluding the proviso) read as follows:'except in so far as parliament may by law otherwise provide, no law of a state shall impose, or authorise the imposition of, ..... legislation as contemplated by the opening words of article 286(2) or any presidential order in pursuance of the proviso thereto also arises for consideration.5. the petitioner acts as a commission agent both for the sellers and purchasers of arecanut. it is agreed that the following averments in the affidavit filed by the 2nd respondent may be ..... exempt from taxation. held, that as the sales were completed and delivery was effected within the madras state, the sales were liable to sales tax under the madras act. the stream of inter-state trader or commerce commenced only after the dealer as buyer took delivery of the goods, and the antecedent sale to him by the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker156
..... necessary to relate the vicissitudes through which the partnership passed in later years, the crucial date being that on which the suit was instituted. the application for amendment was supported by an affidavit by the plaintiff's advocate in which he explained, that at the time of drafting the plaint, he was not instructed that noor ..... firm. i accordingly find that the plaintiff's firm was not registered, according to the indian partnership act in 1948'. 5. after the above finding was returned, the plaintiff preferred c.m.p. 3402 of 1958 in this court for an amendment of the plaint, to substitute the word 'proprietor' for the word 'partner' in the cause title ..... of justice. we hold that the application for amendment ought not to be allowed. 7. it was then contended, that the retirement of mohamed moideen rowther from the partnership on 22-3-1945, did not result in the dissolution of the partnership, under the provisions of the indian partnership act, 1932. it was held, in maddi sudarsanam v .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker196
..... has misconstrued the will which it is said possibly creates an intermediate estate, it might still be open to the petitioner to file a fresh plaint or seek an amendment putting forward the true construction.i cannot subscribe to the view that order xxxiii, rule 5 (d) can only be applied to cases where without giving the ..... provisions of the indian succession act which was not in force in travancore at the time of chidambaram pillai's death. nor was there any corresponding statute in force. nevertheless, his conclusion was correct ..... his properties to his grandsons giving no interest whatsoever to his wives or children. the learned subordinate judge held that by reason of section 111 of the indian succession act, the petitioner who was not in existence at the time of chidambaram pillai's death, got nothing under this will.he was, doubtless, wrong in applying the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker31
..... question that arises for consideration is as to whether the levy of land cess under the provisions of the madras district boards act, 1920, madras act 14 of 1920, as amended by the madras district boards (amendment) act, 1957, kerala act 4 of 1958, is valid and could be sustained.2. there are also, no doubt, some special points raised in ..... supreme court has been held by the supreme court to be invalid and discriminatory and opposed to article 14.32. the learned counsel also urged that the amending act violates the fundamental rights ol persons like the petitioners to hold and enjoy property guaranteed under article 19(1)(f) of the constitution inasmuch as it imposes ..... taking up the matter in appeal before the board of revenue. according to the petitioner the deletion of provisions giving such valuable rights, by virtue of the amending act has effected the fundamental rights guaranteed to him of holding property under article 19(1)(f). there is also an attack based upon article 14 of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker101
..... deals with the history of article 31a. the learned judge refers to the fact that article 31a was inserted.in the constitution by the con-stitution (first amendment) act, 1951 with retrospective effect and, therefore, it must be deemed to have been in the constitution from the very beginning, namely, 26th january 1950. the ..... learned judge also traces the further amendment to. the said article by the constitution (fourth amend-ment) act, 1955, which also was made retrospective. by the constitution (fourth amendment) act, 1955, the expressions 'in the states of madras and travancore-cochin, any jenmom right' were ..... introduced in article 31a clause (2) (a). by the constitution (seventh amendment) act, 1956, in sub-clause (a) of clause (2) of article 31a, the word 'kerala' was substituted for travancore-cochin. therefore, article 31a(2)( .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker162
..... payment is to be made. pausing here for a minute, it may be stated that section 2(vi) of the payment of wages act, as it now stands, was incorporated, by the payment of wages (amendment) act, central act 68 or 1957. as i mentioned earlier, there was a controversy raised before the payment of wages authority, as to whether the claim ..... , as already stated, were members of the kerala coir factories staff association, filed an application, evidenced by ext.p-4, before the authority under the payment of wages act, central act no. iv of 1936. the application itself was under section 15(2) of the said statute. the claim of the applicants appears to be briefly as follows. the ..... this writ petition on behalf of the petitioner, mr. m. u. isaac, learned counsel, challenges the order ext. p-5 passed by the authority under the payment of wages act, (central act no. iv of 1936), as also the order of the learned district judge, alleppey, ext. p-6, confirming the order ext. p-5. 2. the petitioner was a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker135
..... accordance with the provisions of these rules.'20. now i will advert to the scheme of the travancore abkari act, 4 of 1073 which is almost identical with the cochin abkari act also. the preamble to this statute states that 'it is expedient to amend the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of ..... that statute.17. it will be seen that the general scheme of the central act is to provide for the levy and collection of duties of excise on medicinal and toilet ..... had been respectively made, issued, granted or conferred under this act and by the authority empowered hereby in that behalf.'the schedule to the act contains a description of dutiable goods as well as the rate of duty, it is also seen that there has been an amendment to this act by act 19 of 1961 but it is not necessary to refer to .....
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