Court : Kerala
..... .p8 report dated 21.10.2013, the agricultural officer has informed the additional tahsildar that the property has been inspected and that the same is not included in the data bank register prepared under the act, 2008 and that a lot of improvements and age old trees of more than 3 decades are situated in the property. ..... on record, this court does not require any second thought to observe that the property owned, possessed and enjoyed by the petitioners was not remaining as a 'wet land' or 'paddy land' as on the date of commencement of the act. .....
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..... there is no dispute that as per the act and rules, the maximum time for production of the current records is four months and the dispute revolves on the issue whether the said four months has to be computed from 02.08.2013 or 12.08.2013. .....
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..... the second petitioner has got all the requisite licences from the concerned authority, including the local authority, geology department, pollution control board and the authorities concerned under the explosives act. .....
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..... case of the petitioner is that, ext.p8 order itself alerts the petitioner as to the statutory remedy available by way of further appeal, before the customs, excise and service tax appellate tribunal under section 86 of the finance act, 1994, and that the period will expire only after three months. ..... challenging exts.p11 and p12 proceedings, whereby the appeal against ext.p6 order mulcting service tax liability upon the petitioner came to be rejected, holding that the appeal preferred under section 85(3) of the finance act, 1994, was much belated. ..... authority only turned a 'nelson's eye' to the case projected by the petitioner and in any view of the matter, the petitioner is entitled to have the matter agitated further, by virtue of the statutory remedy under section 86 of the 'act'. .....
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..... it was further argued, referring to section 69 of the co-operative societies act, by the learned senior government pleader for the petitioner that from the words of the aforesaid section, it is clear that when the government is a party to the litigation, the same would not come under section 69. ..... the second petitioner invited tenders for the construction of a quay wall, auction hall and gear shed in the vizhinjam fisheries harbour project. ..... it was also pointed out that section 100 of the co-operative societies act bars a remedy before a civil court. ..... the arbitration court passed an award under section 70 of the act which is appealable under section 82 of the act to the tribunal. ..... the argument that the government being one of the constituted appellate bodies under the scheme of the act, the government cannot be tried in a proceeding under section 69 before the registrar of co-operative societies act.12. ..... , the learned arbitrator as per ext.p9 order held that the arbitration proceedings initiated by the respondents herein would not come within the purview of the arbitration contemplated under section 69 of the kerala co-operative societies act, 1969.4. ..... it was also pointed out that as per section 69 (h), monetary disputes are still to be decided by the registrar of co-operative societies act.15. .....
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..... 2572 of 2014 (v) --------------------------- petitioner(s): -------------------------- anson antony,aged32years, s/o.antony, proprietor of m/s.star fisheries, arackal house, munambam beach, palliport p.o. ..... since the repayment could not be effected as scheduled, the bank proceeded with the steps under the sarfaesi act.2. .....
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..... capacity, such person and the person in whose name the registration certificate, if any, is taken, shall jointly and severally, be liable for the payment of the tax, penalty or other amount due under this act which shall be assessed, levied and recovered from all or any of such person or persons, as if such person or persons are dealers: provided that before taking action under this section, the persons concerned shall ..... opinion of the apex court, when we analyse the provisions of section 17(3) read with the proviso thereunder of the kgst act and section 26 read with proviso of the kvat act, it is very clear, the procedure contemplated under proviso to section 26 of the kvat act was strictly complied with by the assessing authority and there is no violation of principles of natural justice. ..... because of the words "to prove" under proviso to section 7(3) of the kgst act with reference to the facts in shaduli yusuff's case (supra) their lordships opined that the wa.1324, 1325 & 1326/12 17 dealer ought to have had an opportunity of proving the correctness of returns filed ..... to understand the stand of the appellants whether principle laid down in the above case is applicable to the facts of the present case essentially one has to examine and analyse what exactly section 17(3) of the kgst act and section 26 of the kvat act along with respective provisos would mean. ..... section 17(3) of the kerala general sales tax act (for short, 'kgst act') and the present factual situation is one and .....
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..... contended that at no point of time, did the board or the government agree to waive any amount in addition to what is provided in exts.p3, p8 and p11 and that in view of the provisions contained in the electricity act and the kerala state electricity board terms and conditions of supply 2005, they are entitled to realise the expenses which are to be incurred for providing supply to the premises of the 1st respondent. ..... by his words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is, in fact, so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so having regard ..... he also relied on various apex court judgments to contend that since under the electricity act and the kerala state electricity board terms and conditions of supply, 2005, board is statutorily empowered to realise the charges, the board cannot be prevented from doing so by invoking the principles of ..... : code, the commission authorizes the board under section 46 of the act, to recover in advance from the owner or occupier of any premises requiring supply the expenses reasonably incurred by the board for providing any electric line or electrical plant required specifically for the purpose .....
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..... since, the timely repayment could not be effected, the bank proceeded steps under the sarfaesi act, which in turn is under challenge in this writ petition.2. .....
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..... judgment the petitioner was served with ext.p1 assessment notice under the kerala construction workers cess act, 1996, which according to the petitioner, was without any regard to the actual facts and figures. ..... it is without any regard to the pendency of the above proceedings that, ext.p7 notice was issued under the revenue recovery act on 28.11.2013, which made the petitioner to approach this court again.4. ..... (appellate authority under the building and other construction workers welfare cess act,1996), district labour office, kottayam.3. ..... the assessment officer building and other construction workers welfare cess act o/o. .....
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