Court : Kerala
Reported in : 2003(1)KLT10
..... ultimately on december 26, 1934 a constitution was adopted. it provides for various matters concerning the malankara church and association. this constitution has been periodically amended. even thereafter, the disputes have continued to arise. the courts have periodically considered these. the matter was considered by a division bench of the kerala ..... as raised on behalf of the appellantcannot be sustained. resultantly, even the second question is answered against theappellant.regarding (iii) : did the trial court act illegally in passing the impugned order of injunction28. mr. ayyar contended that the trial court has erred in granting the injunction. is it so?29. ..... plaintiff-respondents has been allowed by the first addl. district judge, ernakulam. the sole defendant has been 'restrained by a temporary injunction order from acting as the catholicos elect or bishop and from entering into any of the parish churches of malankara church, administered under 1934 constitution, coming within the .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT837
..... james, appearing for the respondents. the first contention raised by the petitioners is against clause (c) of section 3 of the kerala general sales tax (amendment) act, 2002, by which the rate of tax increased from 4 per cent to 8 per cent on paper was given retrospective effect from december 31, 2001 ..... until the officers raise the demand. the validity of section 2(1) of the amendment act which provides for retrospective operation of the act has to be upheld because the amendment act only retained the amendments to the kerala general sales tax act introduced prospectively by ordinance no. 37 of 2001. as already stated impugned notices clearly ..... by virtue of the operation of the ordinances the relevant entry in the kerala general sales tax act stood amended and therefore it cannot be said that the notices issued pursuant to the amendment are by virtue of retrospective amendment by the amendment act. though, the petitioners contend that there is no 'publication' of the ordinances, i do .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT78; [2005]139STC504(Ker)
..... 2, 1984 ceased to have any operation thereafter. the first appellate authority also considered the question with reference to entry no. 116 and entry no. 85 as amended and observed that 'medicine' is a substance used for curing disease, that in the commercial circles. 'medical oxygen' and 'nitrous oxide' are not understood as ..... in indian oxygen ltd. v. state of karnataka [1990] 79 stc 351 and the decision of this court in state of kerala v. india oxygen ltd. [2003] 129 stc 471. the counsel, in short, submitted that the assessing authority and the two appellate authorities had erroneously held that these two items would fall under ..... preservation of plants.(v) all chemical substances which are ordinarily used as intermediates in the preparation or manufacture of any of the medicines or substances above referred to. patents act, 1970, section 2(1).'a dictionary of modern legal usage by bryan a. garner defines the word 'medicine' as follows :' 'medicine', 'medication' 'medicament'-medication .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker263
..... antonio cruz dos r. rodriguese v. land acquisition collector, (1996) 6 scc 746 : (air 1997 sc 1915). 28. in state of tripura v. roopchand das, (2003) 1 scc 421 : (2002 air scw 4859) the supreme court has held that when more than one award is passed by the reference court under section 18 on different ..... re-determination of the compensation for the properties acquired from them, are not acquired by the same notification issued under section 4(1) of the l.a. act. 18. in these appeals the appellants have raised several contentions in order to establish their contention that their application for re-determination of the compensation under section ..... 115, 103, 81. 117, 79 and 119/1993 respectively. all these references were made before the lower court under section 28-a(3) of the land acquisition act. the lower court answered all the references in the negative against the respective claimants. hence the claimants have preferred these appeals before this court challenging the respective judgments. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT971
..... is that because of the enforcement of the kerala forest (vesting and management of ecologically fragile lands) act, 2003 (for short 'the act'), the land, being an ecologically fragile land in terms of section 3(1) of the act, lying contiguous to vested forest has statutorily vested with the government, notwithstanding the judgment directing restoration. therefore ..... at present, be restored. necessarily, there arises no question of any contumacious conduct on the part of the respondent. the vesting in terms of the said act comes, notwithstanding any judgment. the non-obstante clause affects annexure a judgment as well. the respondent did not have any liability in terms of annexure a judgment ..... held that a plantation which had been directed to be restored could not have been contended to be an ecologically fragile land in the light of the act. therefore, the contention of the custodian cannot be accepted, the petitioner submits.4. first of all, i will deal with the contentions centered around .....
Tag this Judgment!Court : Kerala
Reported in : 2003(1)KLT87
..... decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.'section 12 of the c.p.c. (amendment) act, 1999 amended section 115 again. the existing proviso was substituted and sub-section (3) was also added after sub-section (2) but before the explanation. the proviso and ..... the ground that alternate remedy is available under article 227 of the constitution. that is the reason why a proviso was added to section 115 by the amendment act of 1976. the legislature considered the recommendations made by the report of the arrears committee headed by justice malimath. the committee agreed in principle that the scope ..... learned single judge in madhavan's case that the proviso affects the pending cases in view of the provisions contained in clause (i) of section 32 of the amending act also requires reconsideration. it is argued that the word 'proceeding' is used with regard to the orders under challenge in the revision and not civil revision petition .....
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT312; (2004)IILLJ448Ker
..... selling. therefore, onthe basis of the dictum of the constitution bench of the apex court in kolutharaexports ltd. (supra) we declare that section 4(2) of the amended act in so far as it imposes liability to pay contribution on the dealer and exporter on the basis of turnover is unconstitutional and out side the ambit of entry ..... products and exports them to any country outside india from ports outside the state of kerala'.'producer of coir products' is defined in section 2(q) of the amended act as follows:''producer of coir products' means a person who manufacture coir products or carries on the business of processing coir products for export or for internal marketing'. ..... or for any other person one or more coir workers to do any work in connection with the processes in coir industry'.as per section 2(ha) of the amended act, the 'exporter' is defined as follows:''employer' means any dealer or producer of coir products who exports coir products to any country outside india from ports within .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker171; 2003(1)KLT743
..... of order v of the code of civil procedure.7. the learned sub judge has not considered the changes brought out by the amendment act 46 of 1999 and 22 of 2002 in the manner of ordering service of summons. the order passed to issue summons under rule ..... the summons to be served by registered post.' order v underwent drastic changes with effect from 1.7.2002. section 15 of act 46 of 1999 amended order v rules 1, 2, 7, 21, 24 and 25. rule19a was omitted. rule 9 was redrafted and in the ..... place of rule 19a rule 9a was introduced. these rules underwent further amendment in 2002. section 6 of act 22 of 2002 made further amendments to rules 1, 9 and 9a. rules 9 and 9a were redrafted. so with effect from 1.7 ..... summons. section 29 deals with service of foreign summonses. order v rules 9 to 30 deals with the service of summons. before 1976 amendment rule9 of the parent code contained two sub rules. in kerala sub-rule (3) was framed by this court which provided for service .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT882
..... the making and subscribing the oath or affirmation was therefore clearly mandatory.'learned counsel shri shaji also relied on the decision in shaiju v. state election commission (2003 (1) klt 658). therein the court dealt with the question as to whether the election of the respondents was vitiated for the fact that they had ..... , any file and record in writing relating to the administration of the municipality and issue directions and orders thereon in accordance with the provisions of this act, rules or standing orders made thereunder.provided that the chairperson shall not call for the files and records which are related to the exercise of statutory ..... of a municipality shall --(a) convene the meetings of the council;(b) exercise the powers and discharge the duties specifically conferred or imposed on him by this act; and(c) exercise overall supervision over the working of the municipality and shall co-ordinate the functions of the municipality, the secretary and the committees thereof.15. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2009Ker114; 2009(2)KLJ144
..... india company engaged in refining and marketing of petroleum products through out the country challenges in this writ petition sections 28 and 34 of the land acquisition act 1894 as introduced by amending act 68 of 1984. the first respondent in the writ petition is the union of india and the second respondent is the state of kerala. the additional ..... present provisions such as sections 23(2), 23(1-a) and the provisions to sections 28 and 34 in the l.a. act. it will be noticed by introducing section 28a into the act (by amending act 68/1984 itself) the parliament which represents the will of the people demonstrated its concern for the inarticulate and illiterate million who had ..... 4(1) notification till date of order of the collector of date of taking possession whichever is earlier shall be paid. it was by the said act that sections 28 and 34 were amended and interest rate payable on the compensation amount which was a paltry 4% per annum was increased to 9% during the first year and 15% .....
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