Court : Kerala
Reported in : AIR1958Ker107
..... conferred under section 34. the learned counsel also contends that the applicants not having availed themselves of the provisions contained in section 25 (3) of the malabar tenancy (amendment) act-- act 7 of 1954 -- they are not entitled to further relief and as such the dismissal of their application is perfectly valid.9. to appreciate the contentions advanced one way ..... in a suit for eviction filed by the landlord and the 10 years period was calculated as on the date of the institution of the suit. the malabar tenancy (amendment) act 1951-- act 33 of 1951 -- by section 29, substituted the old section by a new section 33. under the new section, a tenant is given the right to purchase ..... section 33, has not provided for any such right to be restored to possession.16. in my opinion, it is section 25 (3) of the malabar tenancy (amendment) act 1954 --act 7 of 1954 -- that will apply to the present case. this is a case of an execution of a decree having been stayed under the terms of that sub .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker129
..... india immediately before the commencement of this constitution shall continue in force therein until altered orrepealed or amended by a competent legislature or other competent authority.'4. the material portion of section 31 of the travancore tobacco act 1 of 1087 under which the rules were framed reads as follows :'our dewan may, with our ..... state or other competent authority before the commencement of this act, the existing laws of travancore shall, until altered, amended or repealed by the legislature of the united state or other competent authority, continue to be in force mutatis mutandis in that ..... of travancore and cochin administration and application of laws act, 1125 (which replaced ordinance no. 1 of 1124), and article 372(1) of the constitution of india. section 3 (1) of the act provides :'subject to the provisions of this act, subject also to any alterations, amendments or repeals effected by the legislature of the united .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker96
..... government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or ..... 20-3-1952 is in any way invalid as far as the travancore-cochin portion of this state is concerned. according to section 2(h) of the states reorganisation act, 1956 (central act xxxi of 1956), 'law' includes 'any enactment, ordinance, regulation, order, bye-law, rule scheme, notification or other in-strument having the force of law in ..... -3-1952, part 1, page 315:'in exercise of the powers conferred by clause (a) of sub-section (1) of section 3 of the minimum wages act, 1948 (central act xi or 1948), government are hereby pleased to fix the minimum rates of wages payable to employees in beedi-making manufactories, the same having been previously published as .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker368
..... any right to that property?'at least when this issue was raised the plaintiff should have been alive to the consequences of anadverse decision and moved for necessary amendments to the plaint then and there. we cannot listen to this belated prayer at this stage.13. a further argument raised by mr. krishnamoorthi iyer was that ..... that case their lordships would consider it fitting that the legislature should declare its view, and supply a remedy rather than that the courts should strain the existing act. but it will probably be found, that the suggested inconsistencies will not be great, and even if the respondents' view were adopted, they would not be ..... observations apply to sections 281 to 366 which prescribe modes of giving possession of the various kinds of property. these provisions would naturally find a place in the act in order to govern ordinary purchases, and no inference can, therefore, be drawn from them of an intention to prohibit benamee transactions. it is evident from this .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker262; 1958CriLJ1184
..... has been such an express repeal of the forest acts of travancore and cochin, the rules passed under the repealed ..... of 1063 of travancore. this act itself was repealed by the travancore-cochin forest act (act iii of 1952). this repeal waseffected by sub-section (1) of section 101 of the new act. that sub-section runs as follows :'the travancore forest act of 1068 (act ii of 106b) as subsequently amended and the cochin forest act (act iii of 1080) as subsequently amended, are hereby repealed'.even though there .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker169
..... :'part a state' shall mean a state for the time being specified in part a of the first schedule to the constitution as in force before the constitution (seventh amendment) act, 1956, 'part b state' shall mean a state for the time being specified in part b of that schedule and 'part c state' shall mean a state ..... as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, shall mean, in a state, the governor, and in a union territory, the central government; and shall, in relation to functions entrusted under article 258-a ..... acceding state and in a part c state, the central government;(b) as respects anything done after the commencement of the constitution and before the commencement of the constitution (seventh amendment) act, 1956, shall mean, in a part a state, the government, in a part b state, the rajpramukh, and in a part c state the central government;(c) .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker290
..... ii, iv and vi of the act pertaining to their constitution and powers repealed. then the rules originally framed were amended in exercise of the powers conferred by section 56 of ..... the district educational councils constituted under chapter ii of the act. these were autonomous bodies, and it was therefore necessary to frame statutory rules governing the conditions subject to which they were to grant recognition and aid, but the act was amended in ,1939 and by the amending act (act 2 of 1939) these councils were abolished and chapters ..... primary education rules, the code must be deemed to be part and parcel of those rules made under section 15 of the travancore primary education act and can be amended only in like manner and not by an executive order. 10. neither contention impresses us. doubtless in 1909 the maharaja could make law if he .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker154
..... peruvanthanarn to which both the proposers belong was originally part of the manimala constituency which was constituency no. 60 of the travancore-cochin state. on the fresh delimitation following the formation of the kerala state, the manimain, constituency was abolished and this particular village was added to the devicolam constituency which is constituency no. 48 ..... . had p. w. 1 noticed the defect when he compared the nomination papers with the roll in obedience to section 33(4) of the act, he would doubtless have acted under the proviso thereto and, either had the part numbers corrected, or directed that the error be overlooked. for the very purpose of the preliminiary ..... -- that the respondent was an elector of the alleppey constituency eligible for election and that his two proposers were electors of the devicolam constituency and therefore qualified to act as proposers. pw. 4, devasia varkey, the proposer in ext. p-2, is serial no. 811 in part no. 115 of the electoral roll for .....
Tag this Judgment!Court : Kerala
Reported in : [1958]9STC780(Ker)
..... is desirable to have a general idea about the scheme of the act. the cochin act of 1121 has been to some extent amended by the cochin sales tax (amendment) act, v of 1124. therefore, at the time when the assessment order was passed, the authority was acting under the cochin act of 1121 as amended by act v of 1124. therefore, reference will be made in this judgment ..... to the various sections of the 1121 act as amended by the act of 1124.18. section 4 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker120
..... house was then dealing with the validity of a bill of sale which had departed from the form prescribed therefor by section 9 of the bills of sale amendment act, 1882. this amending act enacted : 'a bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void, unless made in ..... derived support from the fact that the word used was 'may' and not 'shall' in the corresponding provision in the representation of the people act, 1951, as it stood before the amendments effected by act 27 of 1956 'notwithstanding anything contained in section 85, the tribunal may dismiss an election petition which does not comply with the provisions of ..... accordance with the form in the schedule to this act annexed.' the document before the court was not exactly in that form. the question which was debated in the .....
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