Court : Kerala
Reported in : AIR1962Ker343
..... and to do all such acts as may be necessary for the proper administration and superln-tendance of a wakf.29. chapter iv deals with registration of wakfg and chapter v deals with mutawallis and wakf accounts. chapter vi deals with finance of the board.30. chapter vii deals with 'judicial proceedings', and in that chapter is to be found the ..... counsel for the appellant mr. v. k. k. menon, is that 'judicial proceedings' are dealt with in chapter vii. in particular, reliefs that could be asked for in a suit under section 14 of the religious endowments act, 1863, and section 92 of the code of civil procedure, are dealt with under section 55(1) and ( ..... referred to in the other sections, which may not really be necessary to be considered, chapter viii deals with miscellaneous matters. section 69, occurring in that chapter, states that the enactments mentioned therein shall not apply to any wakf to which the act applies. in particular, it will be noted that section 5 of the religious endowments .....
Tag this Judgment!Court : Kerala
Reported in : (2003)IIILLJ768Ker
..... . it consists of sections 26 to 37. chapter iv consists of sections 38 to 45. it provides that the employees shall be insured. the ..... the title of the act, the definitions and provides for the registration of factories, etc. chapter ii deals with the establishment of the employees' state insurance corporation, the standing committee and the medical benefit council. it embodies sections 3 to 25. chapter iii provides for the establishment of the insurance fund, finances and audit of accounts ..... was passed. thereupon, the respondent had filed an application on may 24, 1990 under section 75(1)(g) of the act. the said application was decided by the court vide order dated february 25, 1994. the. insurance court had upheld the contention of the respondent that 'the demand for the period 1982-83, i.e., .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT42
..... chapter consists of sections 1 to 2a. it gives the title of the act, the definitions and provides for the registration of factories etc. chap.ii deals with the establishment of the employees' state insurance corporation, the standing committee and the medical benefit council. it embodies sections 3 to 25. chap.iii provides for the establishment of the insurance fund, finances ..... . thereupon the respondent had filed an application on may 24, 1990 under section 75(1)(g) of the act. the said application was decided by the court vide order dated february 25, 1994. the insurance court had upheld the contention of the respondent that 'the demand for the period 1982-83, i ..... be sustained.38. learned counsel for the appellants also contended that the provisions of a social legislation have to be liberally construed. since the 1948 act is a beneficial provision, the power of the corporation should be liberally construed. they referred to the decisions in transport corporation of india v. employee .....
Tag this Judgment!Court : Kerala
Reported in : 1952CriLJ157
..... food supplies and ordered its debit as a grant on political issues under the budget head. 41 miscellaneous - political expenditure - other charges - not voted. i am asking the controller of finance and accounts to admit this expenditure without vouchers. formal sanction of his highness is solicited. an additional allotment to this extent may be sanctioned. this represents the estimated difference between ..... been decided by me that the government should purchase 1,000 tons at market rate through the director of food supplies and give it to the party who is nominally acting here at controlled rate. the loss will be treated as political expenditure and no question, govinda menon says, can be asked then in the council.the issues are too big .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker129
..... contemplated by article 277 was as a matter of fact made by parliament when the central excise and salt act, 1944, was extended to the state with effect from 1-4-1950 by the finance act, 1950, and that the travancore tobacco act, 1 of 1087, ceased to be operative from that date,21. the only question, therefore, that ..... on tobacco with effect from the 1s april 1943 the provincial governments which were levying duties on tobacco under special acts gave up their taxes and were being compensated for their loss of revenue. the finance commission recommended that the arrangements for compensation should be terminated and that the states should be left free to levy ..... were accepted by the government of india and the arrangements to pay compensation ceased to be operative from april 1953. it is clear from this that the finance commission did not consider the tobacco duties levied by the states as something beyond their competence.30. that the taxation enquiry commission (1953-54) did not consider .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker279; 1958CriLJ1186
..... necessary to take any action, but if he docs he must proceed according to section 216.' 7. it has already been indicated that chapter x of the act contained what are called building regulations and so long as that chapter contained provisions as to how contraventions thereof should be dealt with, the municipality cannot have recourse to the general provisions in section 338 ..... grounds were (1) that the prosecution was not sustainable as section 338, which occurred in chapter xvi of the district municipalities act, titled 'procedure and miscellaneous', had no application to the case inasmuch as there are specific provisions in the act regulating the construction ot buildings in municipal areas (chapter x -- 'building regulations' sections 191 to 217) and the said provisions include provisions to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker341
..... -question are members of the state transport board which is directly connected with the management or operation of the-state transport undertakings under chapter iv-a of the act.the learned government pleader appearing for the first respondent and mr. p. govindan nair appearing for the second respondent have contended that ..... in its management the government are pleased to reconstitute the state transport board with the following personnel: (1) minister for transport (chairman), (2) 'secretary to government (finance department), (3) secretary to government (public works department), (4) the chairman central road traffic board, (5) the deputy inspector-general of police (taxation), (6) ..... the board responsible to government for the management of the transport department in- . eluding the appointment of staff and for the control of the finance of the department including the revenue and capital balances. clause 2 makes it obligatory on the board to give effect to policies approved by the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker323; 1959CriLJ1180
..... finality that proceedings under rules 31 and 38 were initiated. section 133 of the district municipalities act enacts that the rules and tables embodied in schedule ii (taxation and finance rules) shall be read as part of chapter vi (taxation and finance). the result is the assessment or levy can be questioned only under the provisions and ..... in the manner prescribed under the act and the rules framed thereunder and not de hors them. this ..... expressly provided by the actwould appear to be inconsistent with the statutoryobligation to pay arising by virtue of the assessment.these contentions are well founded. the act andthe rules framed thereunder prescribe both theremedy and the manner in which it may be enforced.where a statute sets up a hierarchy of authorities, a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker58
..... whether delegation of legislative power by the constitution is permitted, is not answered by the argument, that it should be assumed, that the president ha 5 acted, and will act for what he believes to be the public good. the point is not one of motives, but of constitutional authority, for which the best of motives ..... legislative power to the municipality to determine the nature of the tax .........and that the powerthus delegated is unguided, uncanalised and vagrant, for tbere is nothing in the act to prevent the municipality from imposing any tax it likes, even say, income-tax.' the objection was overruled chiefly on three grounds, which hear on the nature ..... if, as the learned government pleader contended, whatever tax is fixed by the legislature could be unsettled the next moment by government under section 18(1) of the act, the result would be nothing less then toe creation of a parallel legislative body.9. a limitation, which' is deduciblc from the rule against 'abdication and self- .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker62
..... the liability, but its not being operative until rendered applicable by another are familiar forms of taxation statutes. this is best shown by the income-tax and the finance acts, where the income-tax act has no operative effect except so far as it is rendered applicable for the recovery of tax imposed for a particular fixed year by a ..... finance act. then there are parts of the taxing statute which provide the machinery for assessing the tax that has to be paid. in my opinion, there is a fundamental ..... definitely specified with all the necessary details in section 107. though section 142 enjoins that: "the rules and tables embodied in schedule ii shall be read as part of this chapter" they impose no charge on the subject and deal merely with the machinery for assessment. maxwell in his book on interpretation of statutes (vide 10th edition -- page 163) observes .....
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