Court : Kerala
Reported in : (1979)ILLJ335Ker
..... , also for the reason that that contention is no longer available to the petitioner in view of the decision of the supreme court in bangalore water supply v. a. rajappa 1978-i l.l.j. 349.4. what is urged during the course of the argument in this court by the counsel for the petitioner centred round the two points of ..... approach the industrial tribunal through the government with a reference under section 10 of the act, in as much as it is a benefit to which he is entitled under section 25f in chapter v-a of the act, which benefit, in terms of section 33c(2) of the act, could be got computed through the labour court. when the employer terminates the service ..... as to enable the second respondent to invoke section 33c(2) of the act. the counsel for the petitioner wanted to rely on a recent decision of this court in o.p. no. 1849 of 1978-c (1978) k.l.t. short notes, case no. 125. that was a case where, on the attainment of the age of 58, the concerned employees received .....
Tag this Judgment!Court : Kerala
Reported in : (1979)IILLJ248Ker
..... 744, that coercive process can be put through even without setting aside the transfers effected by the person from whom the arrears are due. in (1978) k.l.t. 77, we considered the decisions in abdullccs case i.l.r. 1962 (1) ker. 369 and madam's case, (1969 ..... we stated, in devi and others v. state of kerala (1977) k.l.t. 781 and in district collector v. kunhi ayisha umma (1978) k.l.t. 77. in (1977) k.l.t. 781, we noticed the decision of a learned judge of this court in (1969 ..... viz., devi and ors. v. state of kerala (1977) k.l.t. 781 and district collector kozhikode v. kunhi ayisia umma (1978) k.l.t. 77, was not correct and required reconsideration.5. to appreciate contentions thus urged we may briefly refer to the relevant provision ..... due from the employer in pursuance of the provisions of the act or the scheme may be recovered in the same manner as arrear of land revenue. turning to the provisions of the scheme, we may note clause (35) (chapter v) which provides for the duty of the employer to .....
Tag this Judgment!Court : Kerala
Reported in : 1979CriLJ187
..... sake of convenience, the sections may be reproduced:1. short title and commencement,(1) this ordinance may be called the public property (prevention of destruction and loss) ordinance, 1978.(2) it shall come into force at once.2. punishment for committing mischief in respect of public property. whoever attempts to commit or commits or instigates, incites or otherwise ..... which are as follows:2. every person shall be liable to punishment under this code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within india.40. except in the chapters and sections mentioned in clauses (2) and (3) of this section, the word 'offence' denotes a thing ..... v.p. gopalan nambiyar, c.j.1. the constitutionality of the public property (prevention of destruction and loss) ordinance, 1978 (ordinance no. 15 of 1978) promulagat-ed by the governor of kerala is assailed in this writ petition by the two petitioners, the first of them, the president of the kerala .....
Tag this Judgment!Court : Kerala
Reported in : [1980]122ITR754(Ker)
..... annuity deposit required to be made by the assessee '3. chapter xxii-a dealing with annuity deposits was introduced in the i.t. act, by the provisions of the finance act, 1964, with effect from april 1, 1964. we may briefly notice the provisions of this chapter. section 280a provides that the provisions of the chapter shall apply to every person, whether an individual, a huf ..... hereby declared that any arrear of annuity deposit and any penalty imposed under this chapter shall be recoverable in the manner provided in chapter xvii-d for the recovery of arrears of tax.' 6. the provisions relating to annuity deposits go up to section 280x.7. by the finance act, 1966, the provisions of sections 280k, 280r and 280t omitted with effect from april .....
Tag this Judgment!Court : Kerala
Reported in : AIR1978Ker111
..... which a person desirous of setting the criminal law in motion against another, in respect of an act amounting to a cognizable offence, may proceed to act. these three ways were: (1) by presenting a complaint to a magistrate having jurisdiction to take action under chapter xvii of the cr. p. c.; (2) by giving information to an officer in ..... charge of a police station to take action under chapter xiv; and (3) by giving information to the village ..... the evidence of the criminal case as disclosed by the judgment. krishna iyer j. pointed out that this was against the mandate of section 43 of the indian evidence act, and that the correct view of the law on this aspect of the matter had been taken in venkatapathi v. balappa (air 1933 mad. 429), following earlier precedents .....
Tag this Judgment!Court : Kerala
Reported in : AIR1978Ker201
..... of such a course we have acceded to the request of counsel to convert the appeal into a civil revision petition. c. m. p. no. 875 of 1978 filed for this purpose is allowed. the appeal is converted into a civil revision petition and is disposed of as such.9. the assumption of the learned subordinate ..... to relieve the debtor from his obligations to pay more than half the principal as interest irrespective of the rate of interest. it is therefore evident that the act is really an ameliorative measure limiting the total liability and spreading repayment over a fairly long period. we have already indicated the social purpose behind excluding banking ..... company in the banking regulation act reads;'5 (c) 'banking company' means any company which transacts the business at banking in india;explanation: any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such .....
Tag this Judgment!Court : Kerala
Reported in : [1978]113ITR729(Ker)
..... -section (la) or clause (ii) of sub-section (2) of section 33, but without making any deduction under sub-section (1) of this section or any deduction under chapter via or section 280-o] is less than the amount of the development allowance due to be made in respect of that assessment year, the following procedure shall be followed ..... previous year in which the deduction under sub-section (1) was allowed, any allowance under this section shall be deemed to have been wrongly made for the purposes of this act, and the provisions of sub-section (5a) of section 155 shall apply accordingly : provided that this sub-section shall not apply- (i) where the land is sold or ..... 1967. the expenses for that year and for the subsequent year ended october 31, 1968, could have been considered for development allowance under section 33a(1)(a) of the act in the second assessment year, i.e,, 1969-70. in the succeeding two years, i.e., the third and fourth year of clearing and planting, the claim for development .....
Tag this Judgment!Court : Kerala
Reported in : (1978)6CTR(Ker)0037B
..... authorities before us. we may also point out that counsel for the revenue invited out attention to the relevant amendments effected by the finance act, 1965 which introduced chapter vi-a in the income-tax act 1965, for the purpose of showing that the object of the amendment was to provide an integrated scheme for determining the total income. ..... income ............... (iv) if the assessee is a company, any dividend received by it from an indian company subject to the provisions contained in the fifth schedule.'the finance act of 1964 amended this provisions by substituting the following clause (iv) :'if the assessee is a company, any dividend received by it from an indian company or a ..... that said rebate is available also on the gross dividend. this was rested on the words 'received by it' having been deleted by s. 31(3) of the finance act, 1968 with effect from the 1st april, 1962. the question was further considered whether the assessee was not liable for surtax under rule (1) (viii) of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker314
..... regard to them cannot be excluded altogether. to illustrate, leases of lands or buildings or both, specifically granted for industrial or commerical purposes, are exempted from chapter ii under section 3 (iii). section 106 granted fixity of tenure to such leases if a building had been constructed for such industrial or commercial purpose: but ..... to make it impossible to pass the impugned provisions as a measure of agrarian reform. section 3 of the act, exempts certain classes of leases and tenancies (the words are used indiscriminately) from the provisions of chapter ii, which confers fixity. the impugned provisions apply to mortgages in respect of all categories of lands, except ..... together with occupation of the same, for 20 years prior to the commencement of the act. the same anomaly can be posited with respect to the tenancies of land granted by the administrator general exempted from the provisions of chapter ii by section 3 (iv). a mortgage of such lands will quality for fixity if .....
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 ..... 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 ..... law for agrarian reform. to decide this question it necessary to examine the relevant provisions of the act. the act is called the kerala land reforms act. section 2 of the act deals with the definition of the terms used in the various sections. chapter ii deals with tenancies. section 3 exempts leases ol lands vested in government or any local authority .....
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