Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Court: kerala Page 2 of about 497 results (0.108 seconds)

M/S.Ntpc Limited Vs. State of Kerala

Court : Kerala

..... section 14 of the general clauses act provides that where by any central act, any power is conferred, then unless a different intention appears that power may be exercised from time to ..... sought to be put by the learned senior counsel appearing for the appellant runs contrary to the legislative scheme delineated by the land acquisition act, 1894 read with section 14 of general clauses act. ..... of the general clauses act is quoted ..... in 1525 by hugo grotius, who wrote of this power in his work de jure belli et pacis as follows: "the property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public ..... in his well-known work de jure, belli et pacis, the learned author proclaimed: "the property of subject is under the eminent domain of the state, so that the state or he who acts for it may use, alienate and even destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of the other, but ..... the above case the land was earlier requisitioned by the government of west bengal in wa.1936/13 23 the year 1943 and thereafter the property was used ..... bengal was empowered to take steps for acquisition of any land in any locality, if the same was needed for public purpose under section 4 of the land acquisition act. .....

Govinda Menon Vs. Varkey and ors.

Court : Kerala

Reported in : AIR1985Ker277

..... expiry of the temporary act, the provisions of section 4 of the interpretation and general clauses act, 1125 (vii of 1125) would apply as if the temporary act had then been repealed by an act of the kerala legislature; and the amending act contained no intention to the contrary to the continuance of the petitions filed under section 6 of the temporary act, pending at the commencement of the amending act, in accordance with the provisions of that act (the temporary act), and therefore such proceedings ..... had to be disposed of in accordance with the provisions of the temporary act itself ..... we may now notice the provisions contained is section 4 of the interpretations and general clauses act, 1125 :'effect of repeal: -- where any act repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-- (a) to (b) xxxxx(c) affect any right, privilege, obligations or liability acquired, accrued, or ..... west bengal, air 1968 sc 162 reading :'it is true that whether a different intention appears or not must depend on .....

V. Hallay Mathew Vs. State of Kerala and anr.

Court : Kerala

Reported in : [1971]79ITR72(Ker)

..... it follows, therefore, in the present case that under section 6 of the general clauses act a legal proceeding in respect of an offence committed under the 1922 act may be instituted even after the repeal of the 1922 act by the 1961 act and punishment may be imposed as if the repealing act had not been passed. '20. ..... observation at page 705 of the supreme court decision referred to above may be seen:' it is true that there is no express sub-clause in section 297(2) of the 1961 act which provides for the continuation of such proceedings, but our concluded opinion is that parliament did not intend section 297(2) of the 1961 act to be completely exhaustive and in regard to such matters as are not expressly saved by section 297(2) of the 1961 act, the provisions of section 6(e) of the general clauses act will apply. ..... according to the petitioner, the general clauses act will not bring into operation for the continuity of the provision of that section. ..... in these criminal revision petitions the order committing the petitioner for trial to the sessions court in respect of charges under sections 276(d) and 276b of the income-tax act, 1961, which will hereinafter be referred to as ' the act ', has been challenged on the ground that the charge under section 276b is violative of article 20(1) of the constitution of india and that the charge under section 276(d) is not otherwise sustainable.2. ..... state of west bengal, a.i.r. .....

Deputy Commissioner of Agricultural Income-tax and Sales Tax Vs. Malay ...

Court : Kerala

Reported in : [1960]11STC376(Ker)

..... the learned judge has therefore held that section 2(h) and section 22 of the madras general sales tax act must be read together as defining what sales were taxable and therefore the explanation meant sales of goods delivered for consumption in the state of madras to fall within the definition in section 2 (h) and to be taxable ..... the learned judge in the latter case while determining the scope of the explanation to section 22 of the madras sales tax act has observed at page 316 that section 2(h) and section 22 of the madras act must be read together as defining what are sales that are taxable under the act and what are not and so read, the explanation really means that in sales in which goods are given for consumption in the state of madras ..... the reason for holding the validation act not to be applicable is that section 22 of the madras general sales tax act did not levy any tax and the taxes would not be therefore saved by the enactment ..... , are not shown to be governed by section 22 of the madras general sales tax act, the delivery in pursuance of the contracts not having been proved to be for consumption within the state of ..... in the last three assessment years which the tribunal has held to be inter-state sales, covered by the bengal immunity case [1955] 6 s.t.c. ..... terms about the sales mentioned therein being intended as having taken place in the same state in which goods are delivered for consumption and its operation cannot be cut down by reference to the non-obstante clause. .....

K. Sankaran Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1980]122ITR754(Ker)

..... ito : [1974]94itr397(mad) , held that the omission of the three sections, and, in particular, of section 280k of the act, amounted, in effect and in substance, if not, in fact, to a repeal, that section 6(c) of the general clauses act was, therefore, attracted, and that despite the assessment having been made in 1969 it was open to the officer to determine the ..... , would not constitute a repeal of the said provisions so as to attract section 6(c) of the general clauses act, 1897, and, therefore, the ito had no right or power to determine the annuity deposit payable ..... the general clauses act defines ..... by him in accordance with the provisions of sub-section (3) of section 280h, he may direct that such depositor shall pay by way of penalty a sum- (i) which, in the case referred to in clause (a), shall not exceed half the amount by which the advance deposit actually made during the financial year immediately preceding the assessment year under the provisions of sections 280e to 280-i falls short of- (1) seventy ..... repeal of an enactment includes the repeal of any provision contained therein ; and once such repeal takes place, the consequence provided by section 6(c) of the act is bound to follow and the rights and liabilities acquired or accrued are kept alive to be enforced in appropriate proceedings, even subsequent to the repeal.14. ..... 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 .....

V.O. John Vs. Catholic Syrian Bank Ltd. and ors.

Court : Kerala

Reported in : [2009]148CompCas411(Ker)

..... shares, the following restriction was imposed:.the board of directors after considering the legal opinion received by the bank on the scope of the first proviso to section 67(3) of the companies act, 1956, getting attracted to the present rights issue, have decided to restrict the option for renunciation exercisable only in favour of the existing shareholders of the bank so that the rights offer ..... whether or not those persons include the person referred to in clause (c) of sub-section (1) in any manner whatsoever-(a) if a special resolution to that effect is passed by the company in general meeting, or(b) where no such special resolution is passed, if the votes cast (whether on a show of hands, or on a poll, as the case may be) in favour of the proposal contained in the resolution moved in that general meeting (including the casting vote, if any of the ..... along with others approached the company law board questioning; the resolution passed under section 81(1a) contending that the clause that rights shares can be renounced only in favour of an existing shareholder is an act of oppression and mismanagement, but the appellant withdrew from the above case and finally that application itself ..... the suit is not maintainable, that after filing a petition for alleged oppression and mismanagement of the company under sections 397 and 398 of the act before the company law board and obtaining an interim order against it, it cannot approach the civil court for the same relief merely because the .....

Krishna Maniyani Vs. the State of Kerala

Court : Kerala

Reported in : 2007(3)KLJ149

..... to murder: whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with ..... it is further contended by the learned counsel that the observation by the learned judge that 'when it is doubtful under which penal section the act would fall, it is better to frame charges under all the relevant penal sections even if those sections cannot co-exist', will by itself indicate the casual manner in which the issue was ..... the learned judge further took the view that 'when it was doubtful under which penal section the act would fall', it would be better to frame charges under all the relevant penal sections, even if those sections could not co- ..... causing death by negligence: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with ..... state of west bengal : 1964crilj350 , the appellants-accused were found guilty under section 304 part ii ipc and they were sentenced to undergo rigorous imprisonment for 6 years each ..... as a general class. .....

Krishna Maniyani Vs. State of Kerala

Court : Kerala

Reported in : 2007CriLJ4242

..... to murder : whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine ..... it is further contended by the learned counsel that the observation by the learned judge that, 'when it is doubtful under which penal section the act would fall, it is better to frame charges under all the relevant sections even if those sections cannot co-exist', will by itself indicate the casual manner in which the issue was tackled. ..... the learned judge further took the view that 'when it was doubtful under which penal section the act would fall', it would be better to frame charges under all the relevant penal sections, even if those sections could not coexist. ..... causing death by negligence : whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. ..... state of west bengal : 1964crilj350 , the appellants- accused were found guilty under section 304 part ii. ..... as a general class. .....

P.N. Menon and anr. Vs. Corporation of Calicut and ors.

Court : Kerala

Reported in : AIR1995Ker136

..... (air 1963 pat 139) has observed that a notification issued under section 4 can be cancelled only through another notification similarly published as provided under section 21 of the general clauses act. ..... of course from the facts of the said case, the question framed was whether successive declarations under section 6 of the act could be made, and it was in the said context that the supreme court observed that a fresh notification can be issued under section 4(1) and without such a fresh notification the government cannot make a fresh declaration. 9. ..... 1971 cal 458) and held that it is open to the government to issue a second notification under section 4(1) of the act in respect of the same locality, no matter that a notification was issued earlier for the same purpose. 10. ..... (as his lordship then was) observed that 'when successive notifications under section 4(1) of the act have been issued in respect of the same land, an inference can be drawn that government intended to supersede the earlier notifications by ..... the collector will make an enquiry as provided under section 5a of the land acquisition act and consider the representations made by the petitioners and lake a final decision before declaration ..... point raised is that since the earlier notification (dated 29-10-1991) is still in force government cannot, under law, issue another notification under section 4(1) of the act for the same purpose and for the same land. ..... state of west bengal (1969 (3) scc 675) : (air 1969 nsc 73) .....

P. Govinda Pillai Vs. V.G.N. Padmanabha Pillai and ors.

Court : Kerala

Reported in : AIR1965Ker123; 1965CriLJ446

..... the rule uses the word, 'sale' in the ordinary sense and not in the act sense, it is true that section 20 of the general clauses act requires that any expression used in a rule made under an act should be given the same meaning as it is given in the act unless there is anything repugnant in the subject or context. ..... 20 of the general clauses act, rule 44-a must be understood as using the word 'sale' with its grammatical variations and cognate expressions, not in the ordinary sense of the word (as meaning what we might call an ordinary sale) but in the special senss of the word as defined in the act (as meaning what we might call an act sale). ..... prevent kesari dal, which people have been accustomed to regard as an article of food, from being used as human food.a complete prohibition of trade in kesari dal would therefore be in the interests of the general public even if its effect would be to reduce the amount of fodder available for the cattle in the country, and having regard to the serious consequences that the consumption of kesari dal by human beings entails ..... example, does not cease to be food because it is intended, not for human consumption but for feeding animals; and so long as kesari dal in general is an article used as food for human consumption or is ordinarily used in the preparation of human food, the particular stocks which the accused persons were holding would be food as defined by the act, no matter that the particular stocks were intended for sale as fodder. 5. .....