Court : Kerala
Reported in : AIR2005Ker141; [2005]127CompCas744(Ker); 2005(2)KLT131; [2005]142STC283(Ker)
..... cent per annum or at such other rate as may be notified by the government from time to time in the gazette. chapter ii of the act deals with attachment and sale of movable property. revenue recovery act by the nature of the enactment does not operate to cast fresh liability on any person, but intended as a method of ..... made to the decisions of the apex court in state bank of bikaner & jaipur v. national iron & steel rolling corporation and ors. ((1995) 96 stc 612), delhi auto and general finance pvt. ltd. v. tax recovery officer and ors. ((1999) 114 stc 273), dattatreya shanker mote v. anand chintaman datar ((1974) 2 scc 799), dena bank v. bhikhabhai prabhudas ..... . state also initiated proceedings for recovery of the amount of rs. 1,36,27,260/- from the third respondent towards sales tax arrears for the years 1970-71 to 1995-96. assessment orders were served on the third respondent. since there was no response revenue recovery proceedings have been initiated against third respondent as well. .....
Tag this Judgment!Court : Kerala
Reported in : (1998)149CTR(Ker)538
..... 30 - 43. this was the position with respect to every person who is subjected to be charged under section 4 of the act. the legislature, by the finance act, 1983, introduced a new chapter-chapter vi-b containing only one provision s. 80wa-imposing restriction on certain deductions in the case of companies, with effect from 1st april ..... common administration, common fund and a common place of business'.the supreme court again considered the same issue in produce exchange corpn. ltd. vs . c1t : [1970]77itr739(sc) . there, the question was as to whether the share business and other business carried on by the appellant- company constituted the same business. applying ..... ltd. vs . cit : [1961]41itr272(sc) , cit vs . prithvi insurance co. ltd. : [1967]63itr632(sc) , produce exchange corpn. ltd. vs . cit : [1970]77itr739(sc) . we hold accordingly. the authorities erred in holding otherwise. as both the activities constituted same business, which is an eligible business, provisions of s. 32a13(3)(b) .....
Tag this Judgment!Court : Kerala
Reported in : [1997]228ITR40(Ker)
..... terms and conditions from the point of view of compliance. even the industrial development bank of india has power to inspect the accounts. 17. particularly chapter v of the scheme relating to the procedure for availing of refinance tells us the procedure for repayment of refinance with reference to clause 1(c ..... which could be commonly understood as credit institutions eligible. the needy industrial concerns have to approach the eligible credit institutions for getting term loans for financing their projects and for this purpose the credit institutions have to apply, in turn, to the industrial development bank of india for refinancing against the ..... in the business of banking, public financial institutions, state financial institutions and financial companies. the provisions of the act would reveal that these credit institutions are engaged in the business of providing finance by way of making loans, advances or otherwise and as such earn the interest income which becomes chargeable to .....
Tag this Judgment!Court : Kerala
Reported in : [1974]96ITR365(Ker)
..... the meaning of section 2(xxiv). the supreme court held that:'when a coparcener throws his separate property into the common stock, he makes no gift under chapter vii of the transfer of property act. in such a case there is no donor or donee. further, no question of acceptance of the property thrown into the common stock arises.'12. this ..... question falls within one or the other of the sub-clauses.17. our view is supported by the full bench decision in commissioner of gift-tax v. p. rangasami naidu, [1970] 76 i.t.r. 315 (mad) [f.b.]. the madras decision says that parliament here intended not to restrict the scope of the expression 'transfer of property' by using ..... section 2(xxiv) are alienations and, therefore, at least bilateral transactions.11. the supreme court had occasion to consider this provision in goli eswariah v. commissioner of gift-tax, [1970] 76 i.t.r. 675, 679, 680 (s.c.). in that case the karta of a joint family executed a deed whereby he threw into the common stock some of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker31
..... , as they stood originally as also the amendments that have been made to the said act, by virtue of kerala act 4 of 1958. original section 74-b and certain other sections occur in part iii, dealing with finances, and in particular in chapter vi, dealing with taxation. section 74-8 provided that in every district a land cess being a ..... pay that tax from his income from his forests, in view of the various restrictions imposed upon owners of private forests by the madras preservation of private forests act, madras act xxvii of 1949. the levy of land cess at a flat rate on all lands, irrespective of whether the land is productive or not and whether it is ..... tax on the annual rent value of lands shall be levied in accordance with the provisions contained in the said act. the other group of sections beginning from section .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... should not be adopted where the apparent transgression is in the field of other constitutional prohibitions. 4. it might be as well to begin with a brief outline of the act. chapter i (sections 1, and 2) which is headed, 'preliminary' contains besides the short title, extent and commencement, the definitions some of which we might have to ..... consider in examining the impugned provisions of the act. there is now, since the 1st january, 1970, no provision of the act that has not been brought into force.chapter ii (sections 3 to 80-g) is headed, 'provisions regarding tenancies'. section 3 exempts certain leases such as, for ..... private forest land can, if he satisfies the requirements of section 7-b, become a deemed tenant and get a!l the benefits conferred on a tenant by chapter ii of the act. a real tenant of such land is denied the benefit by reason of the exemption in section 3 (1) (vii) (unless a deemed tenancy also .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... of the managing committee and steps should be taken to implement the same without delay. z(1) regarding the various recommendations in dealing with the management of finance (chapter viii, part i), the recommendations of the commissioner made at pages 134 to 137 of part i and specified as items 11 to 16 at, pages 208 ..... on behalf of the devaswom or lend its money to any person. section 13 requires the committee to submit annual administration reports to the commissioner. chapter iii of the act relates to the administration and establishment. section 14 empowers the committee to appoint an officer of the government not below the rank of a deputy collector ..... in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the funds .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ369
..... made at the bar and the pleadings and the materials on record. first, we will refer to the statutory provisions under which ext.p8 decision was taken. chapter iii of the kerala education rules deals with management of private schools. rule 4 thereof deals with approval of appointment of managers, rule 5 deals with change of ..... air 1959 sc 308, ossein & gelatine manufacturers' association of india v. modi alkalies and chemicals limited : (1989) 4 scc 264, a. sanjivi v. state of madras : air 1970 sc 1102, samsher singh v. state of punjab : air 1974 sc 2192, union of india v. andrew 1996 (1) klt 133, katherine v. secretary to government 2002 (1) klt ..... vide their u.o. note no. ...dated....(v) nothing in this rule shall be construed as authorising any department, including the finance department, to make re-appropriation from one grant specified in the appropriation act to another such grant.rule 11 says that, all orders or instruments made or executed by or on behalf of the government of .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... and employment injury. it also provides for medical benefit to employees and their families. it is a self financing social security scheme in which every contributory is a beneficiary. the following are the benefits provided under the act:(a) periodical payments to any insured person in case of sickness, certified by a duly appointed medical ..... those garments is done with the aid of power, the premises is a 'factory.vii. shop1. management of safdarjung hospital v. kuldip singh sethi : air 1970 sc 1407 : (1970) 1 scc 735 : 1970 ii llj 266; workmen of tirumala tirupati dewasthanams v. management and anr. : air 1980 sc 604 : (1980) 1 scc 583 : 1980 i llj ..... servants co-operative society ltd. v. employees' state insurance corporation, madras : 1997 i llj 606 (mad-db) held that a co-operative society engaged in financing its members and recovering the same with interest is carrying on a systematic, economic or commercial activity sufficient to bring it within the ambit of a 'shop' which .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker156
..... it may, however, be desirable to bear in mind that law by its very accept-ed definition consists of 'the rules recognised and acted on by courts of justice' (see salmond on jurisprudence, eleventh edition, chapter 2, note 17, page 41 under the title 'definition of law'). while discussing the concept of 'justice according to law', salmond ..... privy council speaking through lord diplock, and delivering the majority judgment of the board, in rediffusion (hong kong) ltd. v. att. gen. of hong kong, (1970) ac 1136, referred to the absence of jurisdiction of english courts to interfere in the conduct of proceedings of the fully sovereign parliament of the united kingdom, and the ..... produced before the second class judicial magistrate, pathanamthitta who entrusted the same with general motors and finance ltd. (the hire purchase company). the petitioner has stated that he got release of the vehicle from the general motors and finance ltd. on 1-12-1975 and it is alleged that he had taken the vehicle to .....
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