Court : Kerala
Reported in : AIR1989Ker198
..... of income cannot be applied for all times and the present value of annuity should be determined with reference to the rate of interest available on deposits in nationalised banks. the full bench observed (at p. 226 of air):'6. we are in respectful agreement with the principle enunciated by the division bench in the ..... the depreciation in the value of property owing to the presence of an aerial line span is not such damage to property as is contemplated by the act. the act does not refer to damage to property. it refers to damage sustained by any person interested through the exercise of the special powers vested in the department ..... supreme court in chhagan lal v. themunicipal corporation, indore, (1977) 2 scr1871 : air 1977 sc 1555. in that case section 149,madhya pradesh municipal corporation act,1956 which provided that the decision of thedistrict court in an appeal filed against anorder of the municipal commissioner wasfinal came up for consideration. rejectingthe contention that the said .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker102
..... user by the other riparian owners should not in any way be prejudiced by the way he diverts, the resources to his own purposes. section 7 of the indian easements act recognises this right of every owner of immovable property. section 7(b) recognises the right of every owner of immovable property to enjoy, without disturbance by another, the natural advantages ..... even put up a bund across the course of the river for the purpose of diverting water for his fields. but one thing that must be remembered is that his acts should not in any way injure the other riparian owners who depend upon the water from the same stream and who have a right to expect water from the stream .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker317; [1989]180ITR511(Ker)
..... is the subject of the statutory prohibition under sections 3 and 4. the definition of 'benami transaction' is inextricably connected with all the provisions of the act, as the act is intended 'to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto'. 36. counsel for the ..... held benami and prohibited institution of suits to enforce any right in respect of any property held benami unless certain specified conditions are fulfilled. 19. the indian trusts act has in chap. ix made provisions for 'certain obligations in the nature of trusts'. 20. section 81 reads thus :-- '81. where it does not appear ..... for the benefit of the transferee, the transferee must hold the property for the benefit of the person paying or providing the consideration.' 18. prior to the act, there were several statutory provisions which curtailed or modified the general principles of benami thus, under section 66 of the civil p. c, no suit could .....
Tag this Judgment!Court : Kerala
Reported in : (1996)135CTR(Ker)25; [1997]226ITR55(Ker)
..... reference to the dissolution of a firm and the company going in liquidation declaring the law in regard thereto clarifying the situation in section 47 of the act pointedly to the conclusion that they are not transfers. placing reliance on the above decisions, it was further submitted as a consequence that the transactions listed ..... officer in regard thereto. it was submitted before the income-tax officer, as can be found from the order, that various provisions of the income-tax act would require consideration differently, one in a situation where a shareholder in the amalgamating company has transferred his shares in that company in consideration of allotment ..... . in pursuance of the order dated april 2, 1969, in company application no. 19 of 1969 under section 394 appearing in chapter v of the companies act, common powers to compromise or make arrangement otherwise known in common parlance as 'amalgamation proceedings', were recorded. the original company petition and the order of this court .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ1235
..... for the purposes of this section by that government may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from --(i) ...(ii) abetting the smuggling of goods, or ..... we are concerned here is the security of the nation which is constantly. facing danger due to the smuggling activities spread out in the country.13. the act is intended to provide for detention in certain cases for the purposes of conservation and augmentation of foreign exchange and prevention of smuggling activities. there is a purpose ..... the power will be exercised in his favour because existence of power and its exercise operate in different fields as discussed hereinbefore.22. section 7 of the act deals with non-execution of the order in the case of absconding persons. if the appropriate government has reason to believe that a person in respect of .....
Tag this Judgment!Court : Kerala
Reported in : (1998)IIILLJ81Ker
..... 's case (supra). the learned judge has tersely put the matter thus :.'.......i have not been referred to any of the provisions of the industrial disputes act and the rules framed thereunder obliging a conciliation officer to countersign only those settlements where the consenting union officials represent a majority. so far as i know, ..... and becomes an industrial dispute in contrast to a mere individual dispute which cannot be taken note of as an industrial dispute for the purposes of the act. when an individual dispute so espoused is settled on the basis of collective bargaining through conciliation, there may not be any justification thereafter for making a ..... is coming up before us. 2. petitioner is the managing director of the co-operative sugars limited, a co-operative society registered under the co-operative societies act (hereinafter referred to as 'the society')- the main challenge in the original petition is against ext. p1 award dated october 29, 1987 passed by the fourth .....
Tag this Judgment!Court : Kerala
Reported in : [2000]245ITR37(Ker)
..... of cardiology in calicut medical college. he had not maintained accounts for his professional income. a search was conducted in his residential premises under section 132 of the act on june 26, 1985, and certain documents were seized. during the search, a statement was recorded from him. therein he had stated that he was engaged in ..... thereof provides that the assessing officer shall make the valuation in conformity with the estimate of the valuation officer. the said provision was introduced by the taxation laws (amendment) act, 1972, with effect from january 1, 1973. sub-section (3a) of section 23 and the proviso to sub-section (5) of section 24 dealing with appeals before ..... natural justice, granting of opportunity is to be accepted, then section 23(3a) and the proviso to sub-section (5) of section 24 of the wealth-tax act were not necessary to be inserted. the same cannot be said to be a meaningless or purposeless prescription. it is a well known principle of statutory interpretation that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker83
..... to be impleaded in the suit at any time within three yean of the death of the deceased, that being the period prescribed for a residuary application under the limitation act. there is a further plea that the order of abatement under rule 3 (2) of order xxii would only operate as against the legal representatives, that the suit willabate only ..... be impleaded. this was not within the period within which an application had to be made under order xxii, rule 3 (1) but within the period specified in the limitation act under the residuary article 181. in that context it was said that the period would be that available to a person upon whom the interest of the plaintiff devolved under .....
Tag this Judgment!Court : Kerala
Reported in : [1979]120ITR231(Ker)
..... so clearly pointed out in k. ahamad v. cit : [1974]96itr29(ker) . the high court exercising inherent power in a reference under the indian i.t. act, 1922, acts there independent of the powers conferred under the civil procedure code, we are in agreement with the view expressed by the nagpur high court as early as in 1940 in seth ..... t. l. viswanatha iyer, counsel for the second respondent-assessee, submitted that by virtue of the provisions contained in sub-section (1) of section 254 of the act it is imperative that the appellate tribunal should give an opportunity of being heard to both parties before it passes an order on the appeal. according to him, an ..... to be taxed as capital gain. against ex. p-3 order the second respondent filed before the first respondent a reference application under section 256(1) of the act, for obtaining an order stating the case for reference to this court. he also filed a miscellaneous petition before the first respondent-tribunal praying for the restoration of .....
Tag this Judgment!Court : Kerala
Reported in : (1995)123CTR(Ker)336; [1995]214ITR457(Ker)
..... the above case, after referring to various decisions, the supreme court summarised the legal position as follows (at page 715) : 'under section 10(1) of the act, the trading loss of a business is deductible for computing the profit earned by the business. but every loss is not so deductible unless it is incurred in carrying out ..... misappropriation was one incidental to the carrying on of business and, therefore, it should be deducted in computing the profit under section 10( 1) of the indian income-tax act, 1922. in nainital bank's case : [1965]55itr707(sc) , the question raised was whether loss incurred by dacoity can be treated as business loss. it was ..... assessee that the manner in which anandamurthy was functioning with reference to matters relating to the business of the assessee-company, would show that he was in effect acting as an employee of the company even though there was no direct formal appointment by the company. he was associated with the assessee-company for over 25 years. .....
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