Court : Kerala
Reported in : 2004(3)KLT712
..... either to the high court or to any court subordinate thereto. sub-section 2 was inserted by the code of civil procedure (amendment) act, 1976 with effect from 1.2.1977.3. from a reading of the above provision it can be seen that as per ..... may make such order in the case as it thinks fit. there is a proviso added with effect from 1.7.2002 by amending act 1999 which provides that the high court shall not, under this section, vary or reverse any order made, or any order deciding ..... concerned, no revision will lie in view of the expressed provision contained in section 115(2) of the c.p.c. as amended. even if an appeal lies to any court subordinate to that of the high court, the high court cannot exercise its revisional power ..... was held that if the appeal is dismissed in consequence of the dismissal of the application filed under section 5 of the limitation act to condone the delay, the proper remedy available is to file an appeal against the order dismissing the application which amounts to a .....
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ795
..... been preferred by the manager of an aided college along with the parent teacher association seeking a declaration that section 57(1) incorporated by 'the university laws (amendment) act 2005' and the guidelines issued by the government vide ext.p17 g.o.ms. no. 95/2006h. edn dated 10-8-2006 are invalid and ultra ..... and to effect appointments to the vacant posts.2. the impact of the university laws (amendment) act, 2005 by which sub-section (1) was inserted to section 57 of the kerala university act, 1974 and to other similar university acts on the direct payment agreement entered into between aided colleges and the state government was considered ..... contrary to student strength and workload. considerable responsibility is cast upon the government and its nominees who are in the selection committee constituted under the university act to see that proper selection is made. statutory obligation is also cast on the director of collegiate education to examine the workload and the student strength. .....
Tag this Judgment!Court : Kerala
Reported in : [1991]70CompCas797(Ker)
..... judgment-debtors contended that the ratio in the said decision might apply in cases governed by order 34 of the code which stood before the civil procedure code (amendment) act, 1976 (some rules in order 34 were amended by the high court of kerala in 1973). viswanatha iyer j. has held in the said decision that (headnote) : 'in 1973, order ..... think it necessary to consider the question whether it is rule 4 in order 34 of the code as altered by the amendment act, or rule 3 in order 34 as it stood after the amendments made by the kerala high court which is now in force in kerala. the challenge now made by the judgment-debtors can ..... passing of the civil procedure code (amendment) act. (act 104 of 1976, which will be referred to as the amendment act).4. section 97(1) of the amendment act says that any amendment made or any provision inserted in the principal act by a state legislature or a high court before commencement of the act, except in so far as such an amendment or provision is consistent .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ255
..... twice consecutively to convene the meetings of the grama sabha, due once in 3 months was also incorporated. subsequently, section 3(3) was amended by act 31/05 with effect from 24.8.2005. the amendment act which was passed in malayalam received the assent of the governor on 23.8.2005 and was published in malayalam, in the gazette of ..... kerala on 24.8.2005.4. section 3(3) as amended and published in malayalam reads as follows:5. thus the amended act, passed by the legislature and published in the gazette in malayalam carried the obligation that the meetings of the grama sabha should be convened ..... are the elected members of the akalakunnam grama panchayat.2. relying entirely on the english translated version of section 3(3) of the kerala panchayat raj act, it was held that with the amendment by act 31/05, the members of the panchayat, did not have any obligation to convene meeting of the grama sabha at least once in three months. .....
Tag this Judgment!Court : Kerala
Reported in : (2009)25VST147(Ker)
..... state of kerala : [1961]3scr77 , the apex court was concerned with the challenge to the constitutionality of the travancore - cochin land tax act, 1955 as amended by the land tax (amendment) act of 1957. essentially, the challenge was upheld on the ground of the offending provisions being violative of article 14 of the constitution as also ..... and ors. v. p. laxmi devi : air2008sc1640 . therein, the court was concerned with the validity of section 47a of the indian stamp act as amended by the andhra pradesh act 8 of 1988 which required deposit of fifty per cent deficit stamp duty for reference to the collector under section 47a. therein, the court, inter ..... 2. petitioners call in question the constitutionality of section 44(10) of the kerala value added tax act, 2003 (hereinafter referred to as the act). petitioners have been visited with orders imposing penalty under section 44(8) of the act. it is, at once, necessary to extract the aforesaid provisions:44. power to order production of .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT739
..... and such a person is entitled to get police protection for putting up the boundary in case of obstruction. the kerala survey and boundaries act, 1961, (the act for short) was enacted to consolidate, amend and unify the law relating to the survey of lands and settlement of boundary disputes in the state of kerala. section 4 of the ..... petitioner's property was demolished one week prior to the filing of the writ petition. it is also averred that the petitioner filed o.p.no. 6023 of 2003 before this court and the original petition was disposed of. the petitioner filed review petition no. 754 of 2004 for review of the judgment and this court clarified ..... :'a writ of mandamus is to be issued after circumspection, and only upon the court being satisfied that the 'state' is either refusing or unduly delaying to act, ignoring its statutory responsibilities and has thus failed to discharge its constitutional duties. that too can be done after a specific notice drawing the attention of the statutory .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ3016; 2007(2)KLJ176
..... . sections 111 - 124 provide the procedure according to which security and execution of bond can be asked for keeping peace or for good behaviour. section 111 obliges that the magistrate acting under sections 107 - 110 to require such persons to show cause by order in writing setting forth the substance of the information received, the amount of bond to be executed .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker57; 2005(1)KLT9
..... kochi municipal corporation and not others. for that purpose, he relies upon a government letter dated 4.7.2001 (ext. r 1 (a) in writ appeal no. 2110/2003) which reads as follows :-'fromthe law secretarytothe passport officer,passport office, snsm building,karalkada junction, kaithamukku,thiruvananthapuram.sir,sub: the notaries rules, 1956 - jurisdiction of notaries clarification ..... appoint the applicant as a notary and direct his name to be entered in the register of notaries maintained by that government under section 4 of the act and issue to him a certificate on payment of prescribed fees authorizing him to practise in the area to which the application relates or in such part ..... 2001 dated 22.6.2001.i am directed to invite your attention to the reference cited and to inform you that as per the provision of the notaries act, 1952 and the rules made thereunder a notary can practice only within the jurisdiction assigned to him as per the certificate of practice issued. the doubts .....
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ679
..... revisional jurisdiction, this court has to examine whether the materials produced unerringly prove the guilt of the accused for the offence under section 138 of the n.i. act, the prosecution for which emanated from a private complaint filed by the first respondent and if so, in founding a conviction thereunder and passing appropriate sentence whether the ..... permissible, it is appropriate to refer to a few aspects involved in the case. the accused prosecuted solely for the offence under section 138 of the n.i. act on a complaint imputing such offence, from the complainant, was given sufficient opportunity to meet the accusation made, after the entire prosecution evidence was over and also ..... note that the apex court in goaplast pvt. ltd. v. chico ursula d' souza : air 2003 sc 2035 a case in which the question involved related to the commission of an offence under section 138 of the n.i. act on the instruction of the maker to the bank for stop payment, adverting to the decision in nepc .....
Tag this Judgment!Court : Kerala
Reported in : (2009)21VST31(Ker)
..... that falls for decision in this case is the true scope of explanation 5 to section 8(f) of the kerala value added tax act, 2003 which reads as follows:explanation 5.-where a dealer opens a new branch in the current year, the additional compounded tax payable under this ..... as follows:(i) at 200 per cent of the highest tax payable for a period of twelve months during any of the years 2003-04, 2004-05 or 2005-06.(ii) at 400 per cent of the tax payable or paid for the year 2005-06 in ..... possible only for all the branches. it is the inevitable result of the wording of explanation 3 to section 8(f) of the act. explanation 3 reads as follows:explanation 3. dealers opting for payment of tax under this clause shall pay compounded tax in respect of ..... paid during the year shall be adjusted against the compounded tax liability fixed under section 8(f) of the kerala value added tax act.12. the last date for filing application for compounding for the year 2006-07 will be november 30, 2006.8. the circular in .....
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