Court : Kerala
Reported in : AIR1990Ker330
..... though the amendment act did not contain any saving clause, under section 8 of the bengal general clauses act, 1899, the transfer of the suit having been lawfully made under section 29 of the act its deletion would not have the effect of altering the law applicable to the claim in the ..... is thus clear that the absence of a provision transferring pending appeals to the newly constituted appellate authority goes to show that the notification in fact, intends to keep section 4 of the kerala interpretation and general clauses act applicable to pending litigations. ..... these circumstances it is to be inferred that if there is at all any expression of intention, it is to keep section 4 of the kerala interpretation and general clauses act applicable to pending litigations. ..... agarwal was that since it was only by reason of section 29 that the suit had been transferred to the controller the deletion of that section from the act by section 8 of the amendment act of 1953 had the effect of depriving the controller of his jurisdiction to try the suit and therefore the judgment and order passed by him though confirmed by the learned subordinate judge and the high ..... inasmuch as the defect in filing the appeal cannot be attributed to the petitioner but only to the court, the petitioner can press into service the legal principle that no act of courts shall harm a litigant, contained in the legal maxim 'actus curias neminem gravabit' and contend for the position that the appeal was properly filed. .....
Tag this Judgment!Court : Kerala
Reported in : 2002(2)ALT(Cri)367; 2003CriLJ650
..... over-ride but exists 'without prejudice to the provisions of section 21 of the general clauses act', we think that the correct interpretation of the provisions, read together, would be that it is left to the state government in the exercise of its discretion, either to exercise the power read with the provisions of section 21 of the general clauses act or without the aid of section 21 of the general clauses act'.a three judges bench of supreme court in makhan lal gokul chand case (supra) ..... the supreme court in ram ball rajbhar (supra) while dealing with section 14 of the maintenance of internal security act read with section 21 of the general clauses act held as follows:'the state government can revoke or modify a detention order it is satisfied, on new or supervening conditions or facts coming to light, that a revocation ..... expressed by the apex court while dealing with the provisions of maintenance of internal security act which equally apply when we consider the scope of section 11 of the cofeposa act read with section 21 of the general clauses act, so found by the apex court in makhan lal gokul chand case as well. ..... the power under section 11 of the act read with section 21 of the general clauses act, which is specifically mentioned in section 11 of the act, could import or imply a power of the state government to refer a second representation likewise to the advisory board, if the state government so decides in an analogous situation, in the event of which advisory ..... bengal .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)ALD(Cri)37; III(2005)BC203; 2005CriLJ1095; 2005(1)KLT537
..... bengal, air 1972 sc 1293, it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded; the effect of defining the period from such a day until such a day within which an act is to be done is to exclude the first day and to include the last day, section 9 of the general clauses act as well as section 12(1) of the limitation act ..... the same principle is also incorporated in section 9 of the general clauses act, 1897 which, inter alia, provides that in any central act made after the commencement of the general clauses act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word 'from' and for the purpose ..... of the general clauses act, 1897, ..... case which is consistently followed and which is adopted in the general clauses act and the limitation act. ..... the payee or, as the case may be, the holder in due course of the cheque;(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:(provided that the cognizance of a complaint may be taken by the court after the prescribed period, if the complainant satisfies the court that he had sufficient ..... act, when any cheque drawn by a person is returned by the bank unpaid for want of funds, such person shall be deemed to have committed an offence, provided conditions mentioned in clauses .....
Tag this Judgment!Court : Kerala
Reported in : ILR2010(4)Ker134
..... by learned special government pleader that as per the definition of the expression "the government" in section 3(23) of the general clauses act (1897), the expression could mean any state government. ..... in section 2(15)(c) of the kerala interpretation and general clauses act, 1125 the expression "government", "the government or "state government as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, is defined as meaning "the government of ..... section 4a of the general clauses act, 1897 states that certain definitions in section 3 (which includes "government") shall apply unless there is anything repugnant in the subject or context ..... in the general clauses act, 1897 the expression "government or "the government is defined in section 3(23) as including "the central government ..... unable to accept the interpretation given by learned special government pleader that the expression "the government" occurring in section 61a (1) and (2) of the act should mean not only the government of kerala but also governments of other indian states and the central government. ..... the election commission of india's case (supra) drew a distinction between "government" and "the state" referring to section 21 of the representation of the people act and held that the expression "government is not used in that provision as meaning the executive government only. ..... state of west bengal and the election ..... the state of west bengal (air 1958 calcutta 257) and the .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ2368; 2008(1)KarLJ647; 2008(1)KLT1000
..... doubts, if any, on this aspect is laid to rest when we consider the meaning of the expression rule in rule 3(51) of the general clauses act which reads as follows:'rule' shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as ..... rules promulgated under section 68 of the juvenile justice act and in any view of the matter, the said rule cannot claim a status superior to 'rule' defined in section 3(51) of the general clauses act. ..... the general clauses act 1897 in section 3(19) defines ..... general clauses act ..... can the claim for adoption be brought under any of sub clauses (a) to (g) of the extraction to section 7(1) the family courts act so that this court can declare that the family court must be the court ..... these circumstances, encouraged evidently by the decision of justice rebello referred above and the subsequent amendment by act 33/06 filed application before the juvenile justice board, ernakulam for permission to adopt the child whose guardians they ..... is available in the said decision and it is finally held that such applications can be filed before the district courts exercising powers under the guardian & warts act and such applications for adoption of the child by a guardian must be reckoned as a miscellaneous application in the petition in guardianship. ..... hereinafter defined) and any regulation of the bengal, madras or bombay code and shall also include any provision contained in any act or in any such regulation as aforesaid.23. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT857
..... it is unsound to contend that the governor and not the high court has the power to retire a judicial officer compulsorily under section 14 of the punjab general clauses act. ..... in short the substance of the protection provided by rules, like rule 55 referred to above, was bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935 so as to give a statutory protection to the government servants and has now been incorporated in article 311(2) so as to convert the protection into a constitutional safeguard.the above interpretation of the phrase 'a reasonable opportunity of showing cause against ..... all this appears to us to be implicit in the language used in the clause, but this does not exhaust his rights. ..... if this is the correct meaning of the clause, as we think it is, what consequences follow? ..... the high court on reconsideration of the matter has to give its opinion to the governor and the governor must invariably act in accordance with the opinion so given by the high court. ..... the governor has no option to act in a manner different from that recommended by the high court, this procedure requires reconsideration by the high court of its earlier opinion and the opinion given by the high court after reconsideration indicates the manner of ..... the decisions of this court in state of west bengal v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker383
..... baliah's case ( : [1969]72itr787(sc) ) (supra) the supreme court interpreted section 6 of the general clauses act and held :'whenever there is a repeal of an enactment the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself says, a different intention appears in the repealing statute. ..... barai's case ( : [1969]72itr787(sc) ) (supra) the supreme court has stated in paragraph 18 of the judgment as follows :'whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act though it has been specifically mentioned in the repealing act or not, will follow, unless, as the section itself says, a different intention appears. ..... thaper, : (1961)iillj146sc , the purpose of general clauses act was to place in single statute different provisions as regards interpretations of words or legal principles which would otherwise have to be specified separately in many different acts, whatever the general clauses act says with regard to meaning of the words or as a legal principle has to be read into every statute to which it applies. ..... in harish chandra's case the question was whether section 24 of the general clauses act will apply when the madhya bharata scrap order was replaced by the indian scrap order. ..... state of west bengal, : [1973]1scr675 .7. in t. s. .....
Tag this Judgment!Court : Kerala
Reported in : [1964]51ITR33(Ker)
..... defined in section 3(19) of the general clauses act, 1897, as :'enactment shall include a regulation (as hereinafter defined) and any regulation of the bengal, madras or bombay code, and shall also include any provisions contained in any act or in any such regulation as aforesaid' and section 3(50) defines regulation.the above definition of the expression 'enactment', which is, no doubt, an inclusive definition, clearly shows that even a provision in a statute or act will be an 'enactment' under the general clauses act and it is on that basis that ..... when there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself says, a different intention appears.again in gopichand v. ..... indian income-tax act itself, and it is also a matter of common knowledge that very many of the amendments effected in the indian income-tax act by such finance acts, are still to be found in the main statute.from and after 1959, no doubt, the scheme of taxation of companies appears to have been slightly different and the legislature must have been perfectly well aware of the provisions of section 6 of the general clauses act, when the ..... was repealed even before it had run out its period of duration.again, the learned judge observes at page 88 :'whenever there is a repeal of an enactment, the consequence laid down in section 6 of the general clauses act will follow unless, as the section itself says, a different intention appears. .....
Tag this Judgment!Court : Kerala
Reported in : (1977)6CTR(Ker)85
..... the kerala general clauses act or otherwise, ..... licence is granted shall be the property of the licence at the time of import and thereafter upto the time of clearance though customs.provided that the conditions under items (i) and (ii) of this sub-clause shall not apply in relation to licence issued to the state trading corporation of india, the minerals and metala trading corporation of india and other similar institutions or agencies owned or controlled by the central ..... the petition prays to declare that the transactions of purchase of imported raw nuts through the cashew corporation of india are not liable to purchase tax under the kerala general sales tax act, 1963, and/or are exempt from the said tax under article 286(1)(a) and/or (b) of the constitution; and a writ of certiorari quashing the assessment orders, the provisional ..... was an expectation inducted in the cashew industry by the assurance conveyed that purchase tax would not be levied regarding the import of raw nuts canalised through the corporation, that this assurance was acted upon to the prejudice of the industry as the prices for the nuts were fixed without reference to the element of purchase tax; that on their side, the departmental authorities also were ..... bengal finance (sales tax) act. ..... 6 (2) of the bengal act which is quoted at page 956 of the report, as follows :'6.xxxx(2) the state government after giving by notification in the official gazette not less than 3 months notice of its intention to do may by like .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker56
..... be valid without such assent of the president, and without the president's previous instructions to the governor, the proviso to sub-clause (3) of the article contains a further provision that an ordinance promulgated in pursuance of the instructions of the president shall be deemed to be an act of the legislature of the state which has been reserved for consideration of the president and assented to by him for the ..... state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature ..... the introduction thereof into the legislature; of (b) he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or (c) an act of the legislature o the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the ..... the principle of the decision in the calcutta gas company's case (air 1962 sc 1044) on which strong reliance was placed by the learned additional advocate-general for the same reasonagain, we are unabte to derive advantage from the recent decision of the full bench of the calcutta high court in pushraj puran ..... bengal money-lenders act .....
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