Judgment Search Results Home > Cases Phrase: finance act 2005 schedule 12 twelfth schedule Sorted by: old Court: kerala Page 8 of about 171 results (0.080 seconds)

Binu Vs. Union of India, Represented by the Secretary, New Delhi and O ...

Court : Kerala

..... as follows: "32 b - factors to be taken into account for imposing higher than the minimum punishment - where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this act, the court may, in addition to such factors as it may deem fit, take into account the following factors imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely;- a) the use or threat of use of ..... act as follows:- "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the schedule;" thus, not only the psychotropic substances by themselves but also their salts and preparations if included in the list of psychotropic substances specified in the schedule to the n.d.p.s. ..... 110 of the schedule to the act and to note - 2 of the notification dated 19-10-2001. ..... 110 of the schedule to the act and note - 2 as well as note-4 to the notification dated 19-10-2001 as amended by ext.p3 notification. 10. ..... 27 (b)16for financing illicit traffic and harbouring offendersr.i. ..... state of kerala - 2005 (4) klt 590 had overlooked the above aspect while refusing to follow the earlier division bench decision in shaji v. ..... of nct of delhi) - 2005 (4) crimes 598 - para7. ..... state (govt of nct of delhi -2005 (4) crimes 598. ..... state of kerala - 2005 (4) klt 590 wherein the decisions in ouseph v. .....

Aneesha Remesh Vs. State of Kerala, Represented by Its Secretary, Heal ...

Court : Kerala

..... of this court had also occasion to consider the scope of plea on equity in the case of the mbbs students, who were pursuing their studies in various self-financing medical colleges without actually having the eligibility to get admissions. ..... but they were not permitted to attend the examination scheduled originally in december 2010, which was subsequently extended ..... in the case of the scheduled caste /scheduled tribe candidates, they are required only to have a pass in the ..... it is also stated that, admittedly after the year 2005, 'grading system' was brought into force, replacing the 'marks', which was very much known to the 3rd respondent institution as well and if there was any latches or mistakes on the part of the ..... similarly, the principle of 'actus curiae neminum gravabit' (act of court shall prejudice no man) is applicable to both the ..... since there was no separate marks after 2005 with the advent of the 'grading system' (which provides 9 point scale), it was virtually impossible to ascertain the percentage correctly and as such, the 'mean average' of the grades scored had to be taken, ..... admittedly, after the year 2005, with the introduction of 'grading system', 'marks' lost the significance and it is not possible to ascertain the position of the petitioners with ..... institution, they have stipulated the eligibility only as "50 % marks", though the said prospectus was issued for the year 2009 - 10 i.e after replacement of 'marks' by the 'grading system' introduced in the year 2005. .....

Punjab National Bank Rep. by Its Chief Manager Vs. the Consumer Disput ...

Court : Kerala

..... petitioner from taking auction proceedings of sale and other proceedings against the respondents 2 and 3, pursuant to a notice issued by the petitioner under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act), for recovery of loan amounts due under a loan given to the respondents 2 and 3, on the ground that the respondents 2 and 3 have made out a prima facie case against the petitioner and there is a ..... users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;" under section 12 of the act, the cdrf has jurisdiction to entertain a complaint in relation to any service provided or agreed to be ..... but in the event of a cdrf finding in favour of a complainant, the cdrf has power to grant only the reliefs provided for in section 14 (1) of the consumer protection act, which reads thus: (1) if, after the proceeding conducted under section 13, the district forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the ..... 41 read with the schedule to the sarfaesi act, the effect of s ..... state of kerala (2005 (1) klt 889). .....

P. Amina Nahna Vs. State of Kerala, Rep. by the Secretary, Health and ...

Court : Kerala

..... supervisory committee constituted under section 4 of the kerala professional colleges or institutions (prohibition of capitation fee, regulation of admission, fixation of non exploitative fee and other measures to ensure equity and excellence in professional education) act, 2006, [act 19 of 2006], considered the request of the association and ext.r3(b) notice dated 30.4.2011 was issued by the committee directing the association to submit their explanation/clarification on the 11 points mentioned therein. ..... yet another argument of the senior counsel for the association was that in view of the provisions contained in section 4(7) of act 19 of 2006, exclusive power to interfere with irregular admissions is that of the committee and therefore this court cannot interfere with ..... it was also contended that under act 19 of 2006, if admission granted to a self financing college is vitiated for any reason, the power under section 4(7) to interfere in such a situation is exclusively that of the ..... raised by the learned counsel for the petitioner is that the examination was conducted by the association in violation of the provisions of act 19 of 2006 and the judgment of this court in fathimma haneenas case which was reiterated in noorbina banus case. 21. ..... the examination now scheduled pursuant to ext.p4 prospectus will be held as scheduled and as permitted by the apex court, the results will also be ..... state of maharashtra and others (2005 (6) scc 537), the apex court held thus:- 136. .....

M/S. S and S Enterprises Vs. V. Vasanthan and Others

Court : Kerala

..... subject to clauses (1) and (2), the legislature of any state has exclusive power to make laws for such state or any part thereof with respect to any of the matters enumerated in list ii in the seventh schedule (in this constitution referred to as the "state list") read with (entry 13 entry 13 - communications, that is to say, roads, bridges, ferries, and other means of communication not specified in list i; ..... of the table given below in respect of the national highways as specified in the corresponding column 4 of the said table to exercise the powers and discharge the functions conferred on it under the said act, and (b) defines the limits of the highway as specified in corresponding column 3 of the said table within which or the length of the highways as mentioned in the corresponding column 5 thereof on which ..... judge recorded the conclusions - (i) that by virtue of the operation of s.4 of the national highways act all the national highways vest in government of india; (ii) the said act was made pursuant to the powers vested in the parliament under art.246(1) read with entry 23 of list 1 of 7th schedule to the constitution; (iii) the powers granted to the kollam municipality under the provisions of the ..... follows: "ministry of shipping, road transport and highways (department of road transport and highways) notification new delhi, the 20th january, 2005 s. o. 76(e). ..... 21/01/2005 of the ministry of shipping, road transport and highways (department of ..... 20/01/2005 entrusted the pwd (nh) .....

Shastha Enterprises and Another Vs. Olam International Ltd.

Court : Kerala

..... as a corollary to the above conclusion, we hold that the delhi high court did not have the jurisdiction to entertain the petition filed by the respondents under section 9 of the act and the mere fact that the appellant had earlier filed similar petitions was not sufficient to clothe that high court with the jurisdiction to entertain the petition filed by the respondents. ..... would point out that section 72 is the saving clause with regard to a party who is not taking part in the proceedings and the prohibition in section 70 of the act that an application or appeal cannot be brought, inter alia, unless the applicant or appellant has not first exhausted any available arbitral process of appeal will not apply. ..... it is, however, pointed out that in fact, the fact that the appellant had received the same could be established from his reply dated 26.10.2007 while seeking extension of the shipping schedule of 31.12.2007 mentioned in the letter issued by the respondent dated october 24th , 2007 ..... . and another (2005 khc 1909), that when an opposite party in a petition under section 9 disputes the existence of the arbitration agreement, the court must necessarily decide whether there is such an agreement which is valid in law (see the following passage in sbp case: similarly section 9 enables a court, obviously, as defined in the act, when approached by a party before the commencement of an arbitral proceeding, to grant interim relief as contemplated by the ..... transport finance co. .....

M/S. N.P. Thomas Vs. Represented Kerala and Another

Court : Kerala

..... the difficulty for those dealers who would have complied with the proposals contained in the finance bill, based on notification issued under the kerala provisional collection of revenues act, 1985, the government introduced section 17b to the act through finance act, 2005, which is as follows:- "17b. ..... 17b makes it very clear that the same applies only to those dealers who have purchased goods referred to therein including cement at the rates provided in the finance bill, 2004, and so much so, if at all the appellant has made purchases at full rate of tax under the first schedule to the act then, such purchases are not covered by the above provision. ..... however, when finance act, 2004 was passed and notified on 27/07/2004, the proposal to shift several items including cement from the first schedule to the fifth schedule in terms of the finance bill was given ..... however, when finance bill, 2004 was introduced "cement" along with another 20 items were proposed to be shifted from the first schedule to the fifth schedule to the act, which provides for two point levy of tax on the said ..... the appellant has no case that he has paid full rate of tax in terms of the first schedule to the act for the purchases made by him from 01/04/2004 to 27/07/2004. ..... appellant's case is that since finance bill 2004 as such was not passed, and along with other items "cement" was retained in the first schedule for the year, i.e. ..... tax was payable on first sales at the rate provided in the first schedule to the act. .....

Thomas K.L. H.S.S.T. (Malayalam) Vs. State of Kerala Represented by It ...

Court : Kerala

..... right to choose a qualified person as the headmaster of the school, and such right is well insulated under the protective cover of article 30(1) of the constitution of india and it cannot be chiseled out through any legislative act or executive rule except for fixing up qualifications and conditions of service for the post. ..... but it is stated that the interview scheduled was postponed in view of ext.p3 ..... the decisions of the honble apex court reported in 2005 (8) scc 618 and 2010 (2) scc 772 was also cited to canvass the position that procedural fairness and regularity in the matter of selection is ..... for petitioner had also pointed out that rule 1 (f) of chapter xxxii prescribes that, principal means a teacher who acts as the academic and administrative head of the higher secondary school. ..... eventhough an interview was scheduled on 9.2.2010, the 5th respondent had postponed ..... and p6 will reveal that pursuant to ext.p4 only 4 applications were received and only those 4 persons were invited for the interview scheduled on 9.2.2010. ..... contended that the said university was recognized by the university grants commission (ugc) and is included in their schedule. ..... of eligibility and qualification of the 6th respondent it is contended that, going by definition of principal in rule 1(f) of chapter xxxii ker, the principal should be a teacher who acts as academic and administrative head. ..... dt.11.2.2005 and that creation of supernumerary post contemplated therein is not applicable with respect to .....

Board of Trustees of Port of CochIn Vs. Jaisu Shipping Company Private ...

Court : Kerala

..... it is pertinent to note that under arbitration act, 1940 section 20 thereof enabled a party to apply to the court merely for appointing an arbitrator when no matter was pending before the court and such party could simultaneously move an application before the court for any of the interim reliefs under the second schedule read with section 41 (b) thereof ..... the following is the chronological narration of the undisputed facts leading to the final hearing of this appeal: - 31.01.2005 the appellant (board of trustees, port of cochin) executed an agreement with india gateway terminal (p) ltd. ..... . what the law, as interpreted in sundaram finance (supra) as affirmed in firm ashok traders (supra) enjoins is a manifest intention on the part of the applicant to go for arbitration in a case where he approaches the court before the arbitral ..... the party invoking section 9 may not have actually commenced the arbitral proceedings but must be able to satisfy the court that the arbitral proceedings are actually contemplated or manifestly intended (as m/s.sundaram finance ltd ..... . in sundaram finance (supra) the supreme court examined the question whether it was open to the court to entertain an application under section 9 and pass an interim order before the commencement of arbitral ..... . in sundaram finance (supra) the apex court has held that in order to ensure that effective steps are taken to commence arbitral proceedings the court while passing conditional order under section 9 can put the applicant to .....

M/S. Reliance Security Agency, Prem Buildings, Near Sndp Union Office, ...

Court : Kerala

Reported in : 2012(3)KLT40(SN)(C.No.41); 2012(3)KLJ108

..... . so also, it is stated that there is no dispute as to the legislative competence, with regard to the enactment of finance act, 1994 providing for fixation of tax in respect of security agents reckoning the 'gross amount ..... . service tax, which is an indirect tax,was introduced in india vide the finance act, 1994 (act 32 of 1994), which was legislated by the parliament under the residual entry, ie ..... the petitioners seek to declare sec.67 of chapter v of the finance act 1994 (act 32 of 1994), as amended from time to time, and other provisions and rules made and notifications issued under the act, in so far as it includes the expenses and salary paid to the security guards and the statutory payments like contributions to esi and epf, in the 'gross amount' charged for valuation of 'taxable service' in computing the 'service ..... . though only a few entries were originally there under section 65, the list was widened subsequently as per the finance act, 1996, 1997,1998 and so on, with nearly 125 entries as on date. 8 ..... . 16-10- 98; though another class, 'man power recruitment agency' separately defined under section 65 was already brought under the net as per the finance act 1997 (act no.26 of 1997) ..... ., entry no.97 of list 1 of seventh schedule of the constitution of india ..... .(c) 9591 of 2005) without revealing anything as to the filing of the earlier writ petitions and the turn of events. 14 ..... . 9591 of 2005 shows realisation of service tax at the rate of 5% to be paid by the service receivers .....