Court : Kerala
..... of such acknowledgement, he shall be deemed to have been granted such certificate. it is pertinent to examine sub-section (3) of section 15 of the act, which reads thus: "section 15. (3) the restrictions imposed by this section shall cease to operate in the event of the failure to prepare a draft scheme within two years of the ..... other words, according to the learned counsel, the plea of saving wpc3369714 & con. cases 11 of the operation of the master plan under the repealed act in terms of section 113 of the ordinance was eminently available earlier, too. raising a question of law, the learned counsel would contend that the present defense of the respondent ..... and convenience. it extended to the whole of the state of kerala excluding the malabar district referred to in sub-section (2) of section 5 of the states re-organisation act, 1956. section 2 being the lexical clause, section 3 has enlisted the matters that can be dealt with in the town planning scheme, which is to determine, as .....
Tag this Judgment!Court : Kerala
..... whether having regard to the terms of the contract, the transaction in question amounts to a "sale" within the meaning of clause (g) of section 2 of the bengal finance (sales tax) act, 1941, the relevant portion of which is reproduced below: "'sale' means any transfer of property in goods for cash or deferred payment or other valuable ..... hoardings by applying the dictum laid down by the hon'ble apex court in 'bharat sanchar nigam ltd. and another v. union of india and others' [(2006) 14 ktr115 = [(2006) 3 scc1.5. aggrieved, the assessee preferred appeal before the appellate tribunal. the learned tribunal, after taking into account the elaborate contentions put forth by the ..... learned counsel has also brought to our attention the judgment of the hon'ble apex court in 'bharat sanchar nigam ltd. v. union of india & others' [(2006) 3 scc1 and canvassed for the proposition that there is no element of transfer involved in this case also and that therefore there is no exigibility of tax in .....
Tag this Judgment!Court : Kerala
..... intellectual capacity, as well as the inalienable right, to govern himself with reason and justice." the reason and justice are the two mandates of the conscious vote under section 3 of the act. there is no case that the political party in which they belonged had given them the whip to vote according to their conscience." 17. in fact, that ..... rejected the contention of the petitioner that the second respondent had issued two whips, one to vote in favour of udf candidates to the election of standing committee on finance, development and public works and another whip to cast conscience vote to welfare and health standing committees. it is stated that no other kc(m) members voted in ..... chair person and another is mathews george for the post of vice chair man dated 08/11/2010. another one is a direction to vote for udf candidates in finance, development and public works and according to conscience for the w.p.c.no.21390/2011 10 standing committees for welfare and health, dated 18/11/2010.9. .....
Tag this Judgment!Court : Kerala
..... permission to construct the building on 23.12.1997 which was rejected by the municipality by the endorsement as contained in ext.p3 and no notification under sec.4(1) of the act was issued. therefore, the municipality had no authority to reject the application on the ground that the land is proposed to be acquired. therefore, on ..... p. scheme or on a mere proposal for acquisition of land. so also, the aspect of construction being carried out in a mixed zone was also considered in 'muthoot finance ltd. case' (supra) and held in paragraph 18 as follows:"8. indeed, it is not disputed that the area is densely constructed, albeit, after due sanction from ..... abdul kabeer v. malappuram municipality' [2012 (3) klt106, 'muhammed subair v. corporation of kozhikode' [2015 w.p.(c) no.4050 of 2014 12 (2) klt757 and 'muthoot finance ltd. (m/s.), kochi v. corporation of cochin and others' [2015 (2) khc491 and contended that in all the judgments cited supra, this court considered the question of development .....
Tag this Judgment!Court : Kerala
..... cash basis, instead of mercantile basis adopted by it in respect ita.119/99 & con cases 14 of its other areas of operation. section 145 of the it act provides for method of accounting. prior to its substitution by finance act, 1997, section 145 (1) provided that "income chargeable under the head "profits and gains of business or profession" or "income from other sources" shall be ..... accordance with the method of accounting regularly employed by the assessee itself. however, with the substitution of the section by the finance act, 1997, it has been made mandatory that the said computation shall be in accordance with either cash or mercantile system of accounting regularly employed by the assessee. 15.the concept .....
Tag this Judgment!Court : Kerala
..... stands set aside. the court below is directed to reopen the evidence, and re-summon the commissioner for enabling the petitioners to examine the commissioner under section 154 of the indian evidence act. the court below shall give sufficient opportunity to the o.p.(c) 1008/14 & 1254/15 -:7. :- petitioners to confront the commissioner/ ..... 1008/14 & 1254/15 -:5. :- containing the still photographs as well as the video cd, to confront the said witness as contemplated under section 154 of the indian evidence act.7. when the commissioner's report has been marked in evidence, separate proof of cd containing the still photographs as well as video cd are not ..... the still photographs and the video cd were not recorded in his presence.3. the learned counsel for the petitioners wanted to put questions under section 154 of the indian evidence act to the commissioner, as the commissioner had explicitly exhibited a hostile stand. the learned counsel for the petitioner wanted to put certain questions, which .....
Tag this Judgment!Court : Kerala
..... ksrtc are adverted to. the decision cannot also be termed as a general instruction of the government in the context of section 34 of the act.7. i should note that the life expectancy at birth in the state of kerala is highest when compared to the other ..... in which, and the purposes for which, persons may be associated with the board under wp(c) no.14843/2015 and connected cases 3 section 10; (b) the time and place of meetings of the board and the procedure to be followed in regard to transaction of business at ..... of its employees at 58 years.6. the file contains a note that it shall be forwarded to the finance department for their considered opinion on the proposal of the ksrtc. but there is no indication anywhere in the files that it was ..... forwarded to the finance department. it was desirable to obtain the considered opinion since the proposal involved financial obligations. the operative part of the .....
Tag this Judgment!Court : Kerala
..... to be dismissed.8. the supreme court, in the decision in kaushalya devi massand v. roopkishore (air2011sc2566, held that the offence under section 138 of the n.i. act is almost in the nature of civil wrong which has been given criminal overtone, and imposition of fine payable as compensation is sufficient to ..... for the revision petitioner submits that the sentence imposed on the revision petitioner is disproportionate with the gravity and nature of the offence contemplated under sec.138 of the n.i. act. the learned counsel further sought for some time to pay the compensation as he is unable crl.r.p. no. 900 of 2015 ..... david john respondent(s)/respondent/complainant: ------------------------------------- 1. state of kerala,, represented by public prosecutor high court of kerala, ernakulam-682 031.2. sree gokulam chits and finance co.ltd., central office at no.66, arcot road, kodampakkom, chennai, branch office at prakkattil building, 1st floor, central junction, kottayam-1, represented by its .....
Tag this Judgment!Court : Kerala
..... regulations have been framed w.p(c) no.19551 of 2012 and connected cases -:60. :- which is quoted below: "subsection (5) of section 62 of the electricity act, 2003 (central act no. 36 of 2003) stipulates that the commission may require a generating company or licensee to comply with such procedure as may be specified in calculating ..... as has been noted above on behalf of the 5th respondent. the 6th respondent stated that he belonged to central civil service (indian post and telegraphs accounts and finance service). he had held senior positions in the government of india, such as deputy director general (ministry of communications), new delhi, principal general manager, bsnl and ..... utilised by a person while functioning as chairperson or members.31. the apex court in crawford bayley & co. and others v. union of india and others [(2006) 6 scc25 had an occasion to consider the concept of personal bias of an officer in a statutory authority. in the above case under the public premises (eviction .....
Tag this Judgment!Court : Kerala
..... 2010 act. section 11 of the act enumerates officers of the university in which vice chancellor is one of the officers of the university. section 11 is quoted below:"1. officers of the university.- (1) the following shall be the officers of the university, namely.- (i) the vice chancellor; (ii) the registrar; (iii) the finance officer; ..... has won the india social science research award in 2009. he had worked as 1. deputy director, lbs national academy administration, mussorie, india (2006-2009) 2. district collector, government of kerala, 2006 w.p(c) no.24180 of 2012 -:43. :- 3. director, department of animal husbandry, kerala (2004-05) 4. executive director, ..... examined the appointment of central vigilance commissioner under the central vigilance commission w.p(c) no.24180 of 2012 -:58. :- act, 2003. under section 4 of the the said act the appointment of central vigilance commissioner was to be made after obtaining recommendation of a committee consisting of the prime minister, minister .....
Tag this Judgment!