Court : Kerala
Reported in : II(2003)DMC226
b.n. srikrishna, c.j. 1. the petitioners' mother belongs to ezhava community and the father to vannan community, which is a scheduled caste under the constitution (scheduled caste) order, 1950. it is the case of the petitioners that they were brought up as members of the vannan community and are also living in their father's ancestral house with ..... other paternal family members. the petitioners' father obtained a caste certificate (ext. p1) from the additional tahsildar, taliparamba, stating that he belongs to vannan community, which is recognised as a scheduled caste under the constitution (scheduled caste) order, 1950. the school records of the petitioners, including their sslc certificates, however, show them as members of ezhava community .....
Tag this Judgment!Court : Kerala
Reported in : 1997CriLJ1231
..... and for matters connected therewith or incidental thereto. the act was enacted in line with various constitutional provisions giving special privileges and rights to members of the scheduled castes and scheduled tribes. article 17 of the constitution of india provides that untouchability is abolished and its practice in any form is forbidden. the ..... of the act. petitioner could not establish how and in what manner articles 15 and 21 of the constitution of india are violated by the provisions of the act. the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 was enacted to prevent the commission of offences of atrocities against ..... petitioner. petitioner has now invoked the jurisdiction of this court under article 226 of the constitution of india for quashing the said complaint and also seeking a declaration that section 3(1)(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 is unconstitutional. according to counsel for the .....
Tag this Judgment!Court : Kerala
Reported in : 2003(1)KLT226
..... appointed by the government from a panel of names of advocates furnished by the district collector concerned: provided that the government shall try to give adequate representation to members of scheduled caste/scheduled tribe communities in the matter of appointment of government law officers.(2) the district collector shall, while preparing the panel bear in mind the following:- (i) a person included in ..... offences, confirmation and revision of the sentences, the execution of such sentences and the grant of pardons, remissions and suspensions in respect of such sentences. if there are enactments which constitute a special law conferring special jurisdiction and powers on courts martial and prescribing a special form of procedure for the trial of the offences under the said acts, the supreme ..... code of criminal procedure as interpreted by the supreme court in chauhan's case (supra) with in a period of two months from today.original petitions are accordingly allowed. no order as to costs.
Tag this Judgment!Court : Kerala
Reported in : [1989]66CompCas953(Ker)
..... changes in certain provisions of the act. the additional controls and restrictions as imposed by the amending act can broadly be stated as under : 1. constitution of the board of directors of a banking company --to the effect that the directors having special knowledge and practical experience in respect of certain specified subjects ..... therefore, follows that want of revocation in writing, in view of article 88 of the articles of association (corresponding to regulation 63 of table a of schedule 1 to the companies act), makes the proxy given subsequently inconsequential. 33. learned counsel for the petitioners nonetheless contended that if two proxies are given, the ..... that no intimation of the revocation was received before the meeting. in his lordship's opinion, if english language meant anything, the article required that in order to invalidate thevote, intimation in writing of the revocation must be received at the office before the meeting, and in his view that must mean before .....
Tag this Judgment!Court : Kerala
Reported in : [2007]8STT33; (2007)7VST323(Ker)
..... circulars are in excess of the constitutional powers of the state flowing from entry 52 of list ii of the seventh schedule. the detention of the goods at the check-post is oppressive and illegal. the division bench of this court has declared that entry tax is unconstitutional and invalid. in order to get over the said judgment, ..... be held to extend to all ancillary and subsidiary matters which can fairly and reasonably be comprehended. thus, the provision incorporating mechanism to seal all loopholes of escape and casting obligation on someone to perform certain acts to achieve this objective was held to be a valid provision.23. in state ofrajasthan v. d.p. metals : air2001sc3076 ..... issued to minimise the inconvenience caused to the dealers in bringing goods from outside. payment of advance tax is not a new levy. no additional liability is cast on the dealer. the incidence of tax continues to be the sale of goods. the dealers are permitted to adjust the advance tax paid in accordance with the .....
Tag this Judgment!Court : Kerala
Reported in : [2003]130TAXMAN93(Ker)
..... by the assessee constitute stock-in-trade of the bank. the department took up the matter in appeal before the tribunal and the tribunal dismissed the appeal confirming the order of the first appellate authority.5. the revenue contended before the tribunal that as per section 24 of the banking regulation act, every scheduled bank has to ..... thus :'clarifications on the following issues have been sought by banks from the central board to direct taxes :(i) whether the securities held by the banks constitute their stock-in-trade or investment, and consequently whether the loss claimed by the banks on the valuation of their securities should be allowed as a deduction ..... malabar co-operative central bank ltd.s case (supra) besides other decisions of the supreme court and ultimately held that the securities held by the assessee-bank constitute the stock-in-trade of the business of the assessee. sivarajan, j. in the concurring judgment has also considered this question with reference to the circular .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT275
..... held that peruvannan could not be treated as scheduled caste unless the presidential order was amended.12. a perusal of the above judgment rendered by the division bench clearly ..... of mannan could not be sustained since the presidential order had excluded peruvannan and included only mannan and vannan as sl.no. 17 in act 61 of 2002. the division bench further held that peruvannan is not included in the 1950 presidential order or the scheduled castes and scheduled tribes orders (amendment) act, 1976 or in the constitution (scheduled caste) orders (second amendment) act, 2002. thus the division bench only .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT551
..... by the public and the same shall be measured form gate to gate:provided that if any educational institution, temple, church, mosque, burial ground or scheduled caste/scheduled tribe colonies come into existence subsequent to the grant of licence, it shall not disentitle such shops for continuance.provided further that the restrictions in distance from ..... toddy shop in question.3. the learned counsel for the petitioner raised another ground relating to the competency of the assistant excise commissioner to pass the impugned order. according to the counsel, the assistant excise commissioner does not have power to permit shifting of toddy shops from one place to another within the notified ..... under rule 7(2) of the kerala abkari shops disposal rules 2002 ('the rules' for short), from a mosque. the petitioners therefore seek quashing the order dated 25.4.2006 passed by the 4th respondent allowing shifting of the toddy shop no. 15 of mavelikkara range to the above said building. related reliefs .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... characterised as anything other than agrarian reform. 'it is necessary to protect the homesteads of families of landless agricultural labour, large numbers of whom belong to scheduled castes and backward classes and who live on land belonging to others. laws conferring proprietary rights in such cases will have to be passed and enforced where ..... entry and circulation within the state of a newspaper 'for the purpose of securing the public safety or the maintenance of public order'. subsequent to the enactment of the statute the constitution came into force, and the validity of the impugned provision depended on whether it was protected by article 19(2) which saved ..... property; and (4) to administer such property in accordance with law.' the words 'public order morality and health' were inserted at the suggestion of pattabhi sitaramayya. (see page 42 of shiva rao's 'the framing of india's constitution -- select documents'. vol. iv). the contention of the learned advocate-general is that the .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT882
..... 30262/05 as deputy chairperson, before a person other than the chairperson is valid in law. the office of the chairperson of the municipality is reserved for members of schedule caste community. hence both the writ petitions are disposed of by a common judgment.w.p.(c) no. 28913/05pthe writ petitioner is a voter in a ward of palakkad ..... the contentions urged on behalf of the respondent who was reduced in rank after departmental enquiry, was that the order of the government was invalid for non-compliance with the provisions of article 320 (3) (c) of the constitution which read literally made it obligatory for the government of india or a government of a state to consult the ..... 173(a) also makes this very clear, because all that it requires is one oath or affirmation in accordance with the form set out in the third schedule to the constitution so as to remove the disqualification from being a candidate for election to the legislature of the state. the article does not mention that the making of .....
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