Court : Kerala
Reported in : 2009CriLJ1703
..... into by him, it may forthwith sentence him for the original offence or, where the failure is for the first time, then, without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding rs. 50/-. these provisions make it clear that it is only in cases where the court having regard ..... character of the offender it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties, ..... and white-collar offenders may have an adverse effect on the security of the society. application of the po act is specifically barred in some cases. there was divergence of opinion whether provisions of po act are applicable to cases under the prevention of food adulteration act (for short, 'the pfa act') and ultimately the matter reached the supreme court. in .....
Tag this Judgment!Court : Kerala
Reported in : [1990]185ITR638(Ker)
..... books. immediately, with a view to settle the matter, the appellants, within 15 days of the search, filed petitions under section 273a of the act before the first respondent making a disclosure of the income for securing the assessments on the basis thereof. they also filed revised returns for the years 1979-80 to 1983-84 and the original returns for the ..... years 1984-85 and 1985-86. as the law then stood, namely, explanation 2 to section 273a(1) of the act which was in force for the period october i, 1984 .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT962
..... called upon to enter on his defence and permitted to adduce oral and documentary evidence of his choice. on his application, the court has the duty to issue process and secure witnesses, documents or things. the choice in this respect is solely on him. calling the accused to enter on his defence is not an empty formality. its omission ..... ) provides for stating reasons. these provisions will have to be complied with.'the principle laid down in yesudasan 's case (supra) is not reversed and is still in force. hence the sessions judge is bound to follow the same. if the sessions judge forms an opinion that the case at hand is one which warrants imposition of capital sentence ..... to produce evidence of circumstances which may lead the court to pass a lesser sentence,18. section 309 cr.p.c. was amended by act 45 of 1978, third proviso to section 309 was inserted by act 45 of 1978 with effect from 18-12-1978; the third proviso reads as follows:-'309, power to postpone of adjourn proceedings(1)...( .....
Tag this Judgment!Court : Kerala
Reported in : [2010]187TAXMAN1(Ker)
..... to the amount and the mode of payment of the consideration. in such circumstances, he points out that it amounts to compulsory acquisition under a law in force.16. in calcutta electric supply corporation ltd. s case (supra) relied on by the respondents, the question which arose was whether the transaction by which ..... that 'compulsory purchase' is only another and equivalent expression for 'compulsory acquisition'. this is not correct. the term 'compulsory purchasers not defined in the electricity act. we must, therefore, consider its meaning as commonly understood in this country. lord morton of henryton in hudson's 36 tax case 28 gave his dissenting ..... 'compensation' or 'enhanced compensation' are concepts which are drawn by the legislature bearing in mind the meaning it has come to acquire under the land acquisition act. in other words, the word 'compensation' must mean compensation which is given under an award passed by the appropriate collector and the words 'enhanced compensation' .....
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ817
..... it reads as follows:8a. production of receipt of remittance of welfare fund contribution -notwithstanding anything contained in any other law for the time being in force, every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution (other than ..... getting the presidential assent under article 304(b) of the constitution as well.6. the kerala motor vehicle transport workers' welfare fund act, 1985 (act 21 of 1985) is an act enacted by the state legislature to provide for the constitution of a fund to promote the welfare of motor transport workers in the state ..... of kerala which has received the assent of the president. the act falls under entries 23 and 24 of list iii of vii schedule. entries are extracted herein for easy reference.23. social security and social insurance; employment and unemployment.24. welfare of labour including conditions of work, provident funds, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker12
..... own moti&n; or on the application of the majority of the members. the person enquiring has got all the powers to call for books of accounts, documents, securities, cash and other properties to or in custody of the society and may summon any person and examine him regarding his knowledge of the affiairs of the society. the ..... for audit of accounts of every society at least once in each year. the audit includes examination of overdues debts, if any, verification of the cash balance and securities and a valuation of the assets and liabilities of the society. every officer and employee of the society and every member is required to furnish such information in regard ..... and hence this court may not under article 226 of the constitution interfere with it. this obiection has no force. there is no appeal provided for against an order passed by the registrar under section 32 (11 of the act the discretionary power of revision of the government under section 87 is no bar much less ah adequate remedy .....
Tag this Judgment!Court : Kerala
Reported in : [1989]66CompCas491(Ker)
..... requisition from the president of the stock exchange, it has violated the provisions contained in clause 12(a) of the listing agreement. no precedent considering the securities contracts (regulation) act 1956 was brought to my notice.21. from the above circumstances, i hold that there was unnecessary delay on the part of the company in rejecting the ..... members as prayed for?(6) what should be the order as to costs ?8. although section 21 of the companies amendment act 31 of 1988 repeals section 155 of the companies act, 1956, that repeal is not yet brought into force. notification g. s. r. no. 559(e) dated june 10, 1988, brought certain other amendments only into ..... force.issue no. 3 is the most important issue yet to be considered.9. the respondent raised a preliminary objection laying stress on .....
Tag this Judgment!Court : Kerala
Reported in : (1991)100CTR(Ker)27; [1992]198ITR611(Ker)
..... stipulated that the purchaser shall pay the company the amount required for payment of salary to estate department, visiting manager, two additional conductors, supervisors, field workers and security personnel, etc., from may 1, 1983, till the entire sale consideration was paid. this can be seen from the resolution of the board dated september 25, ..... it is so--the commissioner under section 33b has ample jurisdiction to cancel the assessment and may initiate proceedings for assessment under the provisions of the act against some other assessee who according to the income-tax authorities is liable for the income thereof.'9. the supreme court followed its earlier decision in ..... interests of the revenue. in this context, therefore, the expression 'prejudicial to the interests of the revenue' must be regarded as involving a conception of acts or orders which are subversive of the administration of revenue. there must be some grievous error in the order passed by the income-tax officer, which .....
Tag this Judgment!Court : Kerala
Reported in : (1993)ILLJ580Ker
..... of the different management is in no way superior to the benefits under the employees state insurance scheme. corporation is bound to provide various social security services even if actual receipt of contribution is delayed. if any of the employees are getting better benefits, it is for them to seek exemption ..... the constitution.' it is a legislation which comes directly under entries 23 and 24 of list iii of the viith schedule of the constitution, which are 'social security and social insurance; employment and unemployment', and 'welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old ..... age pensions and maternity benefits'. their lordships further observed as follows (p. 507):'the act extends to the whole of india and comes into force on such date or dates as the central government may appoint, different dates being permissible for different provisions of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker48
..... 1(3) with verbal modifications. the bombay amendment is contained in order xli, rule 3-a (bombay).' the provision was accordingly introduced by the amendment act with a view to secure at the stage of admission of the appeal a final determination on the question of limitation. r, 3a of order 41, cpc reads : 'when an ..... the respondents' contention is accepted, there will be two decrees, one that of the appellate court and the other that of the trial court. each by force of law can be executed. there is no acceptable reason or principle why the legislature intended to have this consequence. the only reason that can be suggested ..... where the memorandum of appeal was accompanied by a petition seeking condonation of delay under section 5, limitation act. this practice has been disapproved by the privy council, which has stressed the expediency of adopting a procedure securing at the stage of admission the final determination (after due notice) of question of limitation affecting the competence .....
Tag this Judgment!