Court : Kerala
Reported in : 1996ACJ1298; AIR1997Ker109
..... after referring to the provisions contained under sub-section (4) of section 217 of 1988 act and section 6 of general clauses act, supreme court observed that 1988 act does not expressly or by necessary implication, make the relevant provision retrospective in character. ..... ' on the above basis, the division bench tookthe view that the provisions contained undersection 6 of the general clauses act wouldnot impede enforcement of section 140 of thenew act in relation to an accident whichoccurred, prior to coming into force of the newact. ..... 88 of air): '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. ..... sub-section (4) reads as follows : '(4) the mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect of repeals,' it is contended by the appellants that in view of the above provision, application of section 6 of the general clauses act is not excluded. ..... the administrator general of west bengal, air 1960 sc 936. ..... the administrator general of west bengal, air i960 sc 936 and k.s. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1967Ker150
..... iii of part vii of the act dealing with a voluntary winding up, under the heading, 'provisions applicable to every voluntary winding up' instead ..... and the choice must fall on the special statute providing for the particular subject and which applies in its own right, namely, the companies act, section 530(1) rather than on the general rule, of another statute adopted by incorporation, namely, section 64 (1) of the insolvency act see craics on statute law 6th edition, page 223 and in the matter of the n. ..... the remaining classes of debts specified in clauses (b) in (g) of section 530(1) rank equally with the debts specified in clause (a) so that it follows, on the terms of the section, that other debts due to government can come in only after the debts specified in clauses (b) to (g).section 611 of the companies act says that, subject to the provisions of the act as to preferential payments, the assets of a company shall, on its winding up, be applied in satisfaction of its liabilities part passu, and, although this section appears in chapter ..... bengal co. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT691
..... judged by the company it keeps and that the principle ejusdem generis applies to state that when particular words pertaining to a class, category or genus are followed by general words, there has to be ah attempt to reconcile any incompatibility between the specific and general words and therefore, the elements brought into the definition of public authority by using the legislative device 'includes' should be read to be compatible with what is ..... in the case in hand, if what are brought in by using the device 'includes' have to run ejusdem generis with all that would fall within sub-clauses (a) to (d) of section 2(h) and if the rule: noscitur a sociis is to be applied, a body or anon-governmental organisation, would fall within the definition of 'public authority' by the operation of the inclusive limb, only if ..... the articles of agreement entered into between the government of kerala and an educational agency under the direct payment scheme provides, among other things, in clause 20 thereof, that the government shall disburse, directly through the principal of the institution, to the teaching and non-teaching staff of the institution, ..... the question now is as to whether the inclusive component of the definition of 'public authority' in section 2(h) of the rti act is to be read as a provision that expands the scope of that definition clause or whether it gets controlled by the earlier limb of that definition, to command that the words which form the inclusive limb, have to ..... bengal .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker118
..... prayer (ii) (a) seeks a declaration about the illegal character of the procedure followed by the commission in allowing the additional advocate general to appear and argue the case and in not giving time to the petitioner for production of documents in support of the ..... it may be noted that under that clause the additional advocate general was only directed to be present at the sitting of the commission with the connected records or the inquiry considered by the commission to ..... p-3 or about the infraction of the rules of natural justice in permitting the additional advocate general either to argue the case or to undertake the examination of the riles of both the government and ..... had denied relief in similar petitions to petitioners who have not acted promptly or properly even when a legal cause of action was ..... pillai when he was acting as minister for ..... commission of inquiry under the commission of inquiries act without delay. ..... commissions of inquiry act, 1952 by ..... trial by tribunal and the commissions of inquiry act, 1952 by k.a. ..... writ in the nature of prohibition restraining the 1st respondent government from accepting any finding that may be recorded and submitted by the 3rd respondent commissioner and acting upon it.'11. ..... various acts and omissions had been mentioned in that petition which, according to the petitioner, represented 'only a few instances of corruption practices ..... the time when the matter is enquired into by a commission appointed under the commissions of inquiry act'.4. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT520
..... contained in section 2(a) of the standards act read with the definition of 'vehicle tank' in clause (1)(a) of schedule ix a of the standards of weights and measures (general) rules, 1987 and the calibration procedure detailed in the said schedule will indubitably show that the vehicle together with the tank mounted on it constitutes the measure for the purposes of the said acts and the rules. ..... -- (1) any weight or measure or document or thing seized and detained under sections 30 or 31 of the act, which is not to be the subject of proceedings in a court, shall after the expiry of sixty days of its seizure, be so dealt with as the controller may by general or special order direct, and the materials thereof shall be sold and the proceeds credited to the government: provided that the controller may direct that un-verified weight ..... on the contrary, the kerala rules particularly rule 19(2) relied on by the director general of prosecutions gives a positive indication that where the goods seized under sections 30 or 31 of the enforcement act are not subject to speedy or natural decay, such goods are to be produced by the inspector before the court and are to be, after conclusion of the proceedings before court, ..... (1) are not subject to speedy or natural decay, the inspector may retain the package for the purpose of prosecution under this act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure ..... court in state of west bengal v. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(2)KLT513; [2006]147STC72(Ker)
..... , be liable to taxnts, tea chests, woodden plywood, splints, under the kgst actcrates, woodden cable tea chests, wooden 1963 or the cstdrums or veneers crates, wooden cables act 1965drums or veneersthis notification shall be denied to have come into force with effect from 1st january 1994.explanatory notein the budget speech 1994 it has been announced to exempt the ..... 403/94 is extracted below for easy reference.s.r.o.403/94in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963) the government of kerala having considered it necessary in the public interest so to do, hereby make an exemption in respect of the tax payable under section 5a of the said act by the manufacturers of goods mentioned in column (2) of the schedule below with regard to their turnover of purchase of ..... case, supra 2001 (122) stc 100 the court held that the observation made in bengal iron corporation's case, supra 1993 (90) stc 47 would apply only when a case of ..... board of revenue under section 3(1a) in as much as clause 5 of the circular authorises collection of advance tax for which there is no provision in the act. ..... clause (a) of sub-section (4), such assessing authority may deal with the case either de novo or from the stage at which it was transferred.section 3(1) states that the board of revenue, now the commissioner of commercial taxes, shall have and exercise all the powers and shall perform all the duties conferred or imposed upon it by or under the act .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)ARBLR225(Kerala); 2006(2)KLT508
..... in fact, going by the terms of the arbitration agreement between the parties, there is more than enough room for the bsnl, as the successor, to have nominated and for the general manager (telecom), kannur ssa to have appointed the 4th respondent as arbitrator for determination of the disputes between the parties. ..... manager, kannur to appoint another person, as an arbitrator (or);(b) in the event of his dying, neglecting or refusing to act or resigning or being unable to act for any reason it shall be lawful for the telecom dist.manager, kannur, either to proceed with the reference himself or to appoint another person as an arbitrator in place of the outgoing arbitrator. ..... following the aforesaid, the general manager (telecom) acting on the letter dated 04/02/2003 of the bsnl corporate office issued annexure d making an appointment of the 4th respondent as the arbitrator.4. ..... even in the absence of the named arbitrator being available, it may be within the power of the court to appoint an arbitrator and hold that the arbitration clause in the agreement, survives even if the agreement had failed. ..... this is an application filed invoking section 11 of the arbitration and conciliation act, 1996, hereinafter referred to as the 'act' seeking the following reliefs:(i) hold that the arbitrator shri. ..... state of west bengal : air1982cal9 to urge that the vacancy of office of the named arbitrator cannot be treated as nullifying the arbitration agreement. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT629
..... it is only when courts are apprised of gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying the ..... according to the learned government pleader, petition was filed to tarnish the image of the advocate general, a constitutional functionary, with ulterior motives and it is only a politically motivated and publicity oriented litigation ..... prakash (2004 (2) klt (sc) (sn) 5 = 2004 air scw 4221) held that the high court, while exercising jurisdiction under articles 226 and 227 of the constitution for correcting the errors of the subordinate court, cannot act as appellate court and reappreciate evidence and set aside the judgments of the lower court. ..... the file was marked to the additional advocate general in the routine course and he gave the legal opinion ..... therefore, the query was issued to advocate general and it seems that without looking into the contents, it was marked to the additional advocate general and the additional advocate general gave the opinion. ..... sami, especially sixth respondent, and due to his influence ext.p3 opinion was given by the additional advocate general that there is no scope for preferring revision application. ..... state of west bengal and ors. ..... state of west bengal and ors. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker13
..... (1891) 2 qb 181 on the expression 'no person shall sell' occurring in section 6 of the english sale of food and drugs act, 1875, as sufficiently comprehensive to take in a servant, and partly by reiving on the first clause of section 11 of the bengal act. ..... they were each charged for an offence under section 16(1) read with section 7 of the prevention of food adulteration act 1954, act xxxvii of 1954, referred to hereinafter as the act, for the sale of milk adulterated with water, in their capacity as servants of their respective masters, who themselves were the first accused in the four ..... ' 'the magistrate has argued, on general principles that the legislature to effect its purpose, must have intended by the words now under consideration, to make the act of the servant an offence, because the provisions of the law as to abetment would be insufficient to enable the purpose of the prevention of adulteration to be effectively attained ..... if he 'acted knowingly', he could be convicted in england, of aiding and abetting under the summary jurisdiction act, 1848, 1899-1 qb 7. ..... 1899-1 qb 7 decided on the terms of section 3 of the licensing act 1872, and 1891-2 qb 181, decided on the terms of section 6 of the sale of food and drugs act, 1876, have already been referred to ..... norris, (1899) 1 qb 7 in which, the respondent, a servant of the house of commons, so!d liquor, which was the property of the house, at a bar within its pre-cincts, the place where it was sold, being not licensed fur the .....
Tag this Judgment!Court : Kerala
Reported in : [1988]68STC446(Ker)
..... the tax revision case under section 41 of the kerala general sales tax act, 1963 read with rule 41(1) of the kerala general sales tax rules, 1963 is filed by the deputy commissioner of sales tax ..... commodity emerged from various ingredients cannot be held as either chillies or coriander and a new commodity has emerged from mixing the various ingredients for which there is no entry in the first schedule attached to the act and therefore the commodities known as sambar powder, meat masala and pickle powder can be treated only as general goods liable at the rate of 4 per cent multi-point.3. ..... hold that the tribunal was correct in the view that the goods specified do not come under item 27 and could be taxed only as general goods.the tax revision fails and it is, accordingly, dismissed. ..... seed) not falling state by a dealer who is liableunder any other items in this to tax under section 5.schedule.this entry comes under the general head coffee, tea, spices and manufactures thereof. ..... second appeal by the assessee the tribunal held that these powders could not be treated as spices but only as general goods taxable at the general rate of 4 per cent. ..... are spices under entry 27 of the first schedule to the kerala general sales tax act. ..... state of west bengal [1983] 62 stc 329 (cal) that the expression 'spices' is nothing but an ingredient which adds flavour to food ..... 'not falling in any other item' in the schedule included as item 27, thus take its hue and colour from the general species 'spices'. .....
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