Court : Kerala
Reported in : 1953CriLJ966
..... ' may correctly fit in with certain cases, but they may not always be appropriate to describe or delimit the scope of the section. the question does not seem to have arisen for decision under section 270(1) constitution act; we were accordingly referred by way of analogy to a number of rulings under section 197, criminal p ..... 1929 mad. 659 at page 660 (o), quoting from mitra's commentary on the criminal procedure code. the use of expression 'while acting' etc. in section 197, criminal p.c. (particularly its introduction by way of amendment in 1923) has been held to lend some support to this view. while i do not wish to ignore the significance of ..... or unavoidable trespass into the region of excess of justifiable authority by a police officer in the purported exercise of his functions. on the other hand the acts imputed if proved would amount to a contradiction of official duty involving the inevitable result of bringing police officers and administration into contempt. on the allegations in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker326
..... at which precise hour of the day a particular statute is passed or a particular rule or regulation is promulgated. the otherrule is this. when you have a period delimited by statute or rule which has both a beginning and an end, the word 'from' excludes the opening day and any words fixing the closing day include that day ..... george gazette extra-ordinary, published on 5-5-1922, announcing an increase of court-fee for suits filed on the original side of the high court stating that the amendments 'do come into force from the date of publication in the fort st. george gazette', will apply to suits filed on that day before a copy of the gazettee ..... 's law of limitation (fifth edition, 1939) contains the following passage at page 492volume i:'the better view, however, appears to be that section 25 of the limitation act is unconditional, that if a question of limitation arises, the instrument must be deemed to have been made with reference to the gregorian calendar, the intention of the parties .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker190
..... sub-sections (4) and (5) of section 23 became unnecessary and as such those two sub-sections were deleted by section 2 of the amendment act of 1961. therefore after the amendments so effected, there will be a right of appeal to a party against orders passed of her under section 22 or under section 23 of the ..... elections to either house of parliament or to the house or either house of the legislature of a state including the preparation of an electoral roll, the delimitation of the constituencies and all other matters necessary for securing the due constitution of such house or houses.similarly the learned counsel urged that powers have been given ..... with elections to either house of parliament or to the house or either house of the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.'will enable parliament to give a finality to the electoral roll .....
Tag this Judgment!Court : Kerala
Reported in : [1968]69ITR304(Ker)
..... re-enacted.'as a result of this provision, the exhibit p-1 notification continued in force, and is deemed to have been issued under the 1117 act. so far, there was no controversy.by the amending act of 1122, agricultural income-tax was for the first time introduced in the state of cochin : and, unlike what was done in the travancore and malabar ..... . i am further of the view that the exemption covered not merely the taxes assessable under the cochin income-tax act at the time of the grant, but even agricultural income-tax introduced later by the 1122 amendment. the notification, exhibit p-1, delimited the area of taxation and marked off the residual area as one of immunity. so long as the notification .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker5
..... in connection with elections' and that the inclusive clause was merely introduced by way of clarification. the only explanation for the omission of the reference to delimitation of constituencies in the inclusive clause in article 328 appears to be that the matters set out in the inclusive clause in article 327 were not covered by ..... which is headed. 'bar to interference by courts in electoral matters' says:'notwithstanding anything in this constitution--(a) the validity of any law relating to the delimitation of constituencies or the allotment of scats to such constituencies, made or purporting to be made under article 327 or article 328, shall not be called in question ..... the electoral rolls published on 15-1-1970 and 10-8-1970 were prepared not in accordance with the representation of the people act 1950, and the rules thereunder.the prayer of the petitioner as amended is as follows:'this hon: high court be pleased to issue a writ of mandamus or other appropriate writs, directions or' .....
Tag this Judgment!Court : Kerala
Reported in : [1973]87ITR175(Ker)
..... of registering memoranda of association which, under the clause relating to objects, contain paragraph after paragraph not specifying or delimiting the proposed trade or purpose, but confusing power with purpose and indicating every class of act which the corporation is to have power to do. the practice is not one of recent growth. it was ..... in paragraph 2(b) to 2(f). so understood, there cannot be any difficulty in holding that the memorandum of association as it originally stood before its amendment was for achieving the primary objects of charitable purpose. we must also refer to paragraph 2(p) which enjoins that the shrishaila industrial & spiritual colony charities is ..... being used and utilised only for the common moral, literary, scientific, medical and spiritual well-being of the public in general.' we shall also refer to the amended memorandum which is at page 23, annexure 'a'. the words ' and take any managing agencies' which occurred in the original memorandum in paragraph 2(a) have .....
Tag this Judgment!Court : Kerala
Reported in : [1984]148ITR746(Ker)
..... the state legislature is perfectly competent to omit any provision which it has enacted and it is not open to the petitioners to question the validity of the amendment act, deleting the explanation. but the question is not whether the state legislature is competent to omit the explanation or any other provision of the state ..... the more important reason, is that the 'balance 60 per cent.' alone is defined to be agricultural income under the central act, and it is to that definition that the constitution has referred as the specific area delimited to the state to legislate upon under entry 46 of list ii. this is clear from the earlier discussions in the judgment ..... where the supreme court refers to article 366(1) of the constitution and says that agricultural income is that income which is denned as such under the central act, and the rules framed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker256
..... enactments on water protection had been made in america even from 1948. (see the federal water pollution control act of 1948, the water quality act of 1965, the water quality improvement act of 1970 and the federal water pollution control act amendments of 1972.) such legislative exercises were made in germany and japan in 1970. as observed in the article ..... to the penalty for filing a false return or evasion of cess. provisions relating to offences by companies are dealt with in section 15. the power to amend schedule i is conferred on the central government under section 16. these sections too do not have any direct bearing on the question involved.11. rules were ..... to the state boards for their effective functioning. it is, therefore, proposed to levy a cess................'that is also indicated in the preamble to the act reading;'an act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)
..... payment of compensation/amount, or that the absence of provision for adequate compensation will render it invalid under article 300a. entry 42 is only a legislative entry delimiting the power of the legislation to enact a law in question. the scope of a legislative entry is only to delineate the extent of the legislative power, ..... whether compensation as so understood had been provided, and the owner fully indemnified for what he loses, was justiciable.15. parliament then intervened with the 4th amendment by amending article 31(2), adding a rider that laws for acquisition or requisitioning of property of the nature contemplated by the article shall not be called in question ..... sugarcane and the central government was not empowered by the introduction of section 18-g by act 26 of 1953 to legislate in regard to sugarcane. the field of sugarcane was not covered by act 65 of 1951 as amended by act 26 of 1953 and the legislative powers of the provincial legislatures in regard to sugarcane were .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker376
..... the same will be of no assistance to the respondents in advancing their case before us. of course, it is true that section 10(1) of the delimitation act, 1962 provides that 'upon publication in the gazette of india every such order shall have the force of law and shall not be called in question in any ..... the decision in meghraj kothari, air 1967 sc 669 (supra) is clearly distinguishable since the provision considered therein is section 10(2) of the delimitation commission act, 1962 which expressly provided that the delimitation order when published in the gazette shall have the force of law. in paragraph 16 of the judgment it was, therefore, held that an ..... political parties in power which amounts to gerrymandering and which is objectionable in law. it is, therefore, prayed that the orders of delimitation passed by the election commission under section 10a of the act be quashed as utterly mala fide, totally introducing new boundaries which are not there at all. in some cases prayers have been .....
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