Judgment Search Results Home > Cases Phrase: finance act 1994 chapter 8 miscellaneous Court: kerala Page 84 of about 1,754 results (1.775 seconds)

Kerala State Industrial Development Corporation Ltd. Vs. Commissioner ...

Court : Kerala

Reported in : [2000]246ITR330(Ker)

..... reference has its foundation in sections 5 and 21 of the interest-tax act, 1974 (in short 'the interest act'), in the background of section 145 of the act. the assessee is, a corporation controlled by the state government. its main object is to aid and finance industrial projects. a return for the year 1993-94 was filed on december ..... response to a notice under section 142(1) of the act, the assessee produced records. it followed the ..... 16, 1993. subsequently, a revised return was filed on august 18,1994, declaring the total income as 'nil'. in .....

Employees' State Insurance Corporation and Anr. Vs. K.N. Premanandan a ...

Court : Kerala

Reported in : [2007(114)FLR128]; (2008)IILLJ539Ker

..... ors. 2006 (3) klj 698, albeit in the context of imposition of damages under section 14b of the employees provident funds and miscellaneous provisions act ('provident fund act' for short). we note that the provisions relating to imposition of damages for delayed payment of contribution under both these enactments are inpari materia. ..... section 85-b. repelling these contentions, based on a division bench decision of this court in regional director, e.s.i corporation v. sakthi tiles 1994-ii-llj (suppl)-1197 (ker), the insurance court reduced the damages leviable to rs. 27,500/-. this decision of the insurance court, is under ..... paid in time:- if an employer fails to pay contributions within the periods specified under regulation 31, or any other amount payable under the act, the corporation may recover damages, not exceeding the rates mentioned below, by way of penalty:------------------------------------------------------------------------------maximum rate of damages in per cent perperiod of .....

Reeba Varkey Vs. Kuruvilla Jacob and the State Election Commissioner

Court : Kerala

..... person has voluntarily given up his membership was considered by the apex court in the case of ravi s. naik v. union of india and ors. : 1994 supp (2) scc 641. para 11 of the judgment reads thus:this appeal has been filed by bandekar and chopdekar who were elected to the goa legislative ..... question before us is:(1) whether the appellants incurred disqualification in terms of section 3(1)(a) of the kerala local authorities (prohibition of defection) act, 1999 (hereinafter referred as 'act').(2) whether the appellants belonging to a political party voluntarily gave up their membership of such political party.5. the learned counsel for the appellants vehemently ..... chairperson, as a candidate sponsored by the congress and udf, which is a coalition. it is alleged that after the election as the chairperson, the appellant acted according to her whims and fancies ignoring the political party and parliamentary party mandates, directions and resulting in several problems in the party as well as in the .....

S. Padmavathi Amma and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1983Ker88

..... board of revenue is satisfied after considering the report made by the collector under sub-section (2) of section 5 of the kerala land acquisition act 1961 (act 21 of 1962) that the lands specified in the schedule below have to be acquired for a public purpose, the board of revenue hereby declares ..... of the acquisition would constitute a public purpose. the 2nd respondent also, in due course, reported to the government recommending acquisition under part vii of the act. meanwhile, the petitioners sent representations to the board of revenue as well as the government raising objections to the proposed acquisition. on 18-5-1976, the ..... respondent, for remarks. the 3rd respondent, in due course, submitted report to the government favouring acquisition under part vii of the kerala land acquisition act, 1961 (in short 'the act'). the state government thereafter directed the 3rd respondent to examine in detail whether the purpose of acquisition institutes a public purpose. the 3rd respondent after .....

State of Kerala Vs. K. Karunakaran

Court : Kerala

Reported in : 2003CriLJ2225; 2003(1)KLT711

..... criminal) no. 3960/2002). in that case, the petitioner sri. menon was appointed as chairman and managing director of goa shipyard (central govt. undertaking) on 8.11.1994. the cbi registered a crime against him and on 12.2.1999 conducted a raid on his premises. he retired as chairman and managing director of shipyard ltd. on ..... he was holding the post of chairman and managing director of transformers and electricals ltd. he cannot be prosecuted without obtaining sanction as contemplated under section 19 of the act. the special judge as well as the high court relying upon the decision of the supreme court in r.s. nayak v. a.r. antulay rejected the ..... cell, thiruvananthapuram. the said crime was registered alleging the commission of the offences punishable under sections 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988 and section 120b of the indian penal code. the allegation is that sri. k. karunakaran, the then chief minister of kerala, sri. t.h. mustaffa, former .....

Union of India (Uoi) Vs. P.M. Paul and anr.

Court : Kerala

Reported in : AIR1985Ker206

..... courts in matters covered by arbitration agreements is permitted only in very limited and exceptional cases and on strict compliance with the enabling provisions of the arbitration act. if. therefore, there is a power as per the agreement to appoint a substitute in the place of the appointed arbitrator on the happening of specified ..... contracting parties cannot be taken away by the filing of an application under' section 5 of the arbitration act. according to the courts of this country, an arbitration agreement providing for a summary determination of the disputes between the parties is always treated as inviolable ..... clause itself provides as to what shall happen in the case of resignation of the arbitrator or vacation of office, or his inability, or unwillingness to act due to any reason whatsoever, and enables the designated appointing authority to appoint a new arbitrator. ordinarily, this power given to the designated authority by the .....

theethi and anr. Vs. Motor Accidents Claims Tribunal, Palakkad and ors ...

Court : Kerala

Reported in : I(1996)ACC270; 1996ACJ609; AIR1996Ker237

..... was the bread winner of the family and they were depending on him for their means of livelihood. they further filed an interlocutory application la. no. 862 of 1994 under section 140 of the act praying for a direction to the respondents to pay an interim compensation of rs. 25,000/- under the head of 'no fault liability'. however, this application was ..... will apply and hence, the petition under section 140 is not maintainable.4. chapter x of the act deals with 'no fault liability' in certain cases. the provisions of this chapter shall have overriding effect on all other provisions contained in the act or any other law for the time being in force, in view of section 144. section 140 refers to the maxim .....

Govindji and Bros. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1976]105ITR688(Ker)

..... dunn, [1924] 8 tc 663 where the facts are as follows : 'the assessee-company persisted in seeking for business--business which, if they got, they would have had to finance somehow and to carry out which they would have had to acquire plant and workmen whether the business was in this country or elsewhere. but they did not get business ..... the option under sub-section (2) of that section or where he has no income under any other head, the whole loss shall, subject to the other provisions of this chapter, be carried forward to the following assessment year, and- (i) it shall be set off against the profits and gains, if any, of any business or profession carried ..... off. on appeal by the assessee, the tribunal confirmed the above direction of the additional commissioner. we shall now read the relevant portion of section 72 of the income-tax act: '72. (1) where for any assessment year, the net result of the computation under the head 'profits and gains of business or profession' is a loss to the .....

Abdul Gafoor Vs. Saktan Kuries and Loans (P.) Ltd.

Court : Kerala

Reported in : AIR2003Ker235; 2003(1)KLT1019

..... civil procedure, 1908 has framed civil rules of practice for the purpose of regulating the procedure and practice in the subordinate civil courts in the state. chapter viii of civil rules of practice deals with proceedings in execution. rule 278 deals with application for execution which shall be in form no. 51. ..... therefore, overrule the decision in sreedharan nair's case. application for execution was admittedly filed beyond 12 years as prescribed under article 136 of the limitation act and hence liable to be dismissed as not maintainable. consequently order passed by the executing court would stand set aside and we hold that application for ..... . counsel appearing for the judgment debtor submitted that the decision in sreedharan nair's case, requires reconsideration. counsel took us through various provisions of the limitation act and also placed reliance on the decision of the apex court in west bengal essential commodities supply corporation v. swadesh agro fanning and storage pvt. ltd. .....

National Insurance Co. Ltd. Vs. M.S. Mohan and ors.

Court : Kerala

Reported in : 2009ACJ326; 2008(2)KLJ225

..... cannot take advantage of the claimant's contract with a third party. in dr. a.c. mehra's case (supra) the learned judge had extracted two paragraphs in chapter 10 from the book 'quantum of damage's by kemp & kemp 1986 edn.13. a reading of the passages extracted in the decision shows that the learned author was ..... pension, cash balance, shares, fixed deposits, etc. cannot be termed as pecuniary advantages and the same cannot be deducted while fixing the quantum. in geethakumari v. rubber board 1994 (1) klt 674 a division bench of this court held that salary of a dependent who was given employment on compassionate grounds on the death of a person who was ..... apex court also held as follows:it is equally indisputable that an insurance company is entitled to subrogation in accordance with the provisions of section 79 of the marine insurance act, 1963. subrogation does not allow the subrogee or the underwriter to sue in its own name. in the present case, the insurance company has not enforced its .....