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Judgment Search Results Home > Cases Phrase: fisheries act 1897 Court: kerala Page 1 of about 1,197 results (0.062 seconds)

Aug 11 2004 (HC)

Kunjamma Cheriyan Vs. Soloman

Court : Kerala

Reported in : 2005(2)ALD(Cri)5; IV(2005)BC140; 2005CriLJ1588

..... act provides that the banker will honour a cheque based on the amount written in words. ..... act was made out.5. ..... act the banker will take into account only the amount written in words for the purpose of paying cash. ..... act. ..... act. ..... the appellant/complaint initiated prosecution against the respondent for the offence punishable under section 138 of the negotiable instruments act. .....

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Jun 22 2015 (HC)

The Palakkad Service Co-Operative Bank Ltd Vs. The State of Kerala

Court : Kerala

..... thereafter his authority was to "settle" the fishery with the selected bidder once his act was sanctioned and the mere fact that the was directed by another to do that which he would have been bound to do under the law in any event cannot divest the settlement of its legal and binding ..... the mere fact that the state the government in addition to "sanctioning" his act also told him to "settle" the fishery could not alter or w.p.(c). no. ..... 18558/2015 -10- bypassing the appellate scrutiny by high court, taken upon itself the task of settling the fishery rights, instead of sanctioning the action of the deputy commissioner. ..... at the cost of repetition, i may have to stress the fact that evidently as per section 83(1)(j) of the act that, an appeal shall lie against any order if the same is passed by an authority as a delegate of the registrar, but not as his subordinate.24. ..... in the light of above discussion, i am of the considered opinion that the 3rd respondent has acted on his own, but not as a delegate of the registrar, so as to attract section 83 of the act, one of the appeal provisions, which we may examine now. ..... it was his choice which was "sanctioned" and it was he who in reality and in fact "settled" the fishery with the first respondent. ..... the first respondent has, however, rejected the appeal through ext.p4 order, holding that there is no provision in the kerala co-operative societies act ('the act' for brevity) to maintain an appeal against ext.p1 audit certificate.2. .....

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Jun 27 1974 (HC)

Divakaran Vs. Dy. Director of Fisheries and ors.

Court : Kerala

Reported in : AIR1975Ker9

..... their stakes are licensed in accordance with the provisions of the travoncore-cochin fisheries act and the rules framed thereunder. ..... the petitioner has stated that the rules originally framed under the cochin fisheries act continue in force in the area. ..... let us examine the provisions of the travancore-cochin fisheries act. ..... teekappa gowda, 1970-1 scwr 627 = (air 1971 sc 246), where the court had considered the scope of sections 5 and 8 of the rice milling industry (regulation) act, 1958 with particular reference to the questions as to whether the owner of an existing rice mill in the locality has a right to challenge the permission granted by the government to another party to shift his rice mill to the ..... an application by the commissioner, can-nanore municipality that the theatre building put up by one of the parties to the said case (5th respondent) may be exempted from the operation of rule 19 (a) of the kerala places of public resort act, 1963, since it did not have the requisite open space of 45 metres in width all around the building, government passed order granting such exemption. ..... magistrate, chingleput, air 1934 mad 545 considering the scope of an identically worded provision--clause (b) of section 7 of the madras places of public resort act, 2 of 1888:'though sub-clause (b), section 7 directs them to consider whether any objection to the grant of the licence arises from the situation or ownership, of the place or building or the purpose proposed, the main consideration .....

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Feb 10 2011 (HC)

Dr.Tresa Radhakrishnan Vs. Chancellor, University of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker688

..... " in "the living webster encyclopedic dictionary of the english language" the meaning of the word 'rotation' is the following: "the act of rotating or turning on an axis; one complete turn on an axis, astron, the motion of the earth or of other ..... that certain departments got only one opportunity for nomination to the senate and the object of section 17(13) of the act is to provide equal opportunities to all the departments for their representation in senate in the order of seniority by ..... , linguistics, aquatic biology and fisheries, psychology, computer science and ..... behalf of the university, it is admitted that there are 41 departments now and the first one based on date of establishment is aquatic biology and fisheries and the last one is arabic. ..... therefore, if the nominations are made in accordance with section 17 (13) of the act, the existing 41 departments are to be provided their turn on the basis of ..... biology and fisheries is one of the oldest teachings cum research department of the kerala university which was started in the year 1938 and formerly it was the department of marine biology and oceanography and in the year 1972 it was renamed as department of aquatic biology and fisheries. 3 ..... and head of the department of aquatic biology and fisheries of the university. ..... it is the contention of the petitioner that under section 17(13) of the act, seven heads of departments of the university who are not otherwise members of the senate, have to be nominated in the order of seniority .....

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Jan 06 1999 (HC)

Commissioner of Income Tax Vs. Bharath Sea Foods

Court : Kerala

Reported in : (1999)152CTR(Ker)502

..... the point for consideration is whether the assessee in these cases can be considered to be an industrial undertaking manufacturing or processing article entitling them to the relief under s, 80j of the act.an identical question was the subject-matter of the bench decision of this court in cit vs. ..... viewed in the above perspective and having regard to the object and scheme of the act, we hold that for production of processed and frozen fish, the assessee(s) would be entitled to relief under s ..... : [1995]214itr44(mad) and held that the assessee's act lidless in processing the shrimps, frog legs, prawns and lobsters amounted to manufacturing actuates as contemplated under s ..... poyllakkada fisheries (p) ltd ..... povilakkada fisheries pvt. ..... poyflakkada fisheries (p) ltd ..... poyllakkada fisheries (p) ltd ..... in second appeal, the tribunal concurred with the cit(a) by placing reliance on the decision of the special bench of the tribunal in the case of poyllakada fisheries (p) ltd. ..... neither of the words 1 manufacture' or 'production' is defined in the act, but according to the oxford english dictionary 'production' means, amongst other things, that which is produced; a thing that results from any action, process or effort, a product of human activity or ..... 80j and 80hh of the act can no longer be accepted as correct in the light of the following observation of the apex court in (1993) 114 ctr (sc) 420 : (1993) 204 im 412 (sc), supra:'the word 'production' or 'produce' when used in juxtaposition with the word .....

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Oct 24 1997 (HC)

National Insurance Company Ltd. Vs. Yohannan and ors.

Court : Kerala

Reported in : I(1998)ACC61; 1998ACJ827

..... vellakutty, (1989) 2 ker lt 227 the attention of the bench was not drawn to motor vehicles amendment act, 1969 (56 of 1969) wherein latter portion of section 110-b was inserted enabling the tribunal to specify the amount which shall be paid by ..... the determination of compensation under section 110-b of the act is covered by the law of torts for that is the common law of the land and in the absence of any guidelines for determining compensation as provided for under section 23 of the land acquisition act or sections 73 and 74 of the contract act or under the relevant provisions of the industrial disputes act, the claims tribunal necessarily has to follow the common faw of ..... their lordships have referred to maxwell on interpretation of statutes, the following :'where an act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution'.sutherland statutory construction, third edition, articles 5401 and 5402 stale as follows :'in a number of instances the courts have given statutes an ..... of tort as reversed in england provides or enables a civil suit for composite negligence to recover for the whole of the damage does not mean that the tribunals constituted under the special act arc prohibited from deciding and apportioning the liability to pay compensation. ..... this discussion is that sections 110-a to 110-f of the 1939 act are not merely adjectival or procedural but also substantive in nature.'12 .....

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Apr 12 1961 (HC)

Harrisons and Crossfield Ltd., Quilon and ors. Vs. Commissioner, Quilo ...

Court : Kerala

Reported in : AIR1962Ker185

..... , shall be deemed to have come into force with effect from the first day of april, 1950, and the validity of the levy or collection of profession tax made under the said act and rules shall not be called in question on the ground that the amendments made by the notification afore said cannot have any retrospective operation, and any profession tax so levied but not ..... of a municipality and partly outside such area, the income of such company or person from the transaction of business in the area of the municipality shall, for the purpose of levying profession tax under this act, be deemed to be the percentage prescribed under clause (b) of sub-rule {1) of the turnover of the business transacted in such area during the half-year or the corresponding half-year of the previous year, ..... the income of such company or person from the transaction of such business shall, for the purpose of levying profession tax under this act during the half-year, be deemed to be(a) where income-tax is assessed on such company or person under the travancore income-tax act for the year, comprising the half-year, one-half of the amount at which the profits and gains of such business are computed ..... among other things that every company, which, after the date specified in the notification published under section 79, transacts business within the municipality governed by the act, for not less than sixty days in 'the aggregate in any half-year, should pay a half-yearly tax assessed in accordance with the rules .....

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Nov 14 1990 (HC)

C.O. Devassy Vs. State of Kerala

Court : Kerala

Reported in : [1991]81STC2(Ker)

..... cases we are setting aside the common order of the appellate tribunal on the broad aspects, about the absence of prerequisites to invoke section 17(3) or 19b of the act, to hold that the purchases of the assessees were undervalued with a view to lessening tax liability, we are not pronouncing on the various other pleas that were urged ..... price of cured arecanuts in kokkalai market during the relevant time, the rejection of accounts and effecting assessments on best judgment basis or pressing into service section 19b of the act, rests on very fragile foundation, in that, the basic or the vital fact necessary for making the assessments on best judgment basis or for invoking section 19b of the ..... fact to reject the returns of the dealers and to effect the best judgment assessments under section 17(3) of the act or to invoke section 19b of the act, is the information obtained by the additional sales tax officer-ill, 4th circle, thrissur, as disclosed in his ..... commodity in question which was dealt with on tuesdays in market, that an average market price based on the said insufficient data is not what is contemplated by section 19b of the act and these aspects were totally ignored by the appellate tribunal in sustaining the assessments under section 19b of the ..... the said case, a plea was put forward on behalf of the assessees that for invoking section 14-b(1) of the act, the revenue should show that the assessee collected more than the ostensible sale consideration charged in the bill, with a .....

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Jul 25 1989 (HC)

George Joseph Fernandez and ors. Vs. Government of India and anr.

Court : Kerala

Reported in : AIR1989Ker328; 1990(27)ECC237; 1989(24)LC712(Kerala)

..... according to the petitioners, the classification envisaged in the notification as between the state fisheries corporations on the, one hand and other importers on the other is violative of article 14 of the constitution.2. ..... exemption under section 25(1) granted to the outboard motors imported by the state fisheries corporation (for short 'the corporation') varied in percentage from year to year. ..... evidently the object is to protect the interest of state fisheries activities whether the corporation uses outboard motors by fitting them to boats used for fishing operations directly or through fishermen or even by sale of such goods to fishermen. ..... same is the case with the clause (b) which gives power under section 6 of the act to the government to exempt sales of forest produce in favour of co-operative societies up to the limit mentioned therein'.9. ..... 27-4-1988 exempting outboard motors imported into india by 'any state fisheries corporation' from customs duty leviable in excess of the amount calculated at the rate of twenty five per cent ad valorem and also from the whole of the additional duty thereon payable under the customs tariff act, 1975. ..... though there is no fisheries corporation as such in the state of kerala, a state level apex federation was formed which is called 'matsyafed' which made some imports of outboard motors to be sold to fishermen. ..... duty is levied on such outboard motors under the customs act at the time of clearance when they reach indian ports. .....

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Jan 06 1999 (HC)

Commissioner of Income-tax Vs. Bharath Sea Foods

Court : Kerala

Reported in : [1999]237ITR46(Ker)

..... according to learned counsel, the view taken by thiscourt in marwell sea foods' case : [1987]166itr624(ker) , that peeling, deveining and beheading of the prawn would amount to production as contemplated by sections 80j and 80hh of the act, can no longer be accepted as correct in the light of the following observations of the apex court in : [1993]204itr412(sc) (head note) :'the word 'production' or 'produce' when used in juxtaposition with the word 'manufacture', takes in bringing ..... by an analogy, the calcutta high court took the view that if for the purpose of a higher development rebate under section 55 of the act, processed fish (including frozen) and fish products are the result of production or manufacture, it should be held that for the purpose of section 52a, such items should be capable of being produced or ..... thereafter, the revenue filed reference applications before the tribunal under section 256(1) of the act requiring the tribunal to refer to this court for its opinion, the question of law set out ..... poyilakkada fisheries pvt ..... poyilakkada fisheries pvt ..... poyilakkada fisheries (p ..... poyilakkada fisheries (p ..... -kada fisheries (p. ..... poyilakada fisheries (p ..... poyilahada fisheries (p ..... poyilahada fisheries (p ..... poyilakada fisheries (p ..... poyilakada fisheries (p ..... second appeal, the income-tax appellate tribunal concurred with the commissioner of income-tax (appeals) by placing reliance on the decision of the special bench of the tribunal in the case of poyilakada fisheries (p. ..... poyilakkada fisheries (p .....

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