Judgment Search Results Home > Cases Phrase: government of india act 1833 repealed section 41 repealed Court: kerala Page 1 of about 2 results (0.065 seconds)

Malayala Manorama Co. Ltd. Vs. Assistant Commissioner

Court : Kerala

Reported in : 2006(4)KLT235; (2007)8VST604(Ker)

..... agreed to be severed before sale or under the contract of sale.the definition clause specifically excluded 'newspapers' from the expression 'goods', the reason being that after the constitution amendment entry 48 of list ii of the government of india act, 1935 has ceased to have effect and entry 54 of list it specifically excluded 'newspapers' meaning thereby state has no power to tax on sale or purchase of newspapers. ..... not to levy sales tax on newspaper but it is also essential that the dealer should be allowed concession provided under section 8(1) read with section 8(3)(b) for purchase of goods for use in the manufacture or processing of newsprint.giving a strict meaning to the word 'goods' occurring in section 8 the court took the view that petitioner is entitled to obtain certificate under section 7 read with section 8 of the act so as to avail the concessional rate of tax in respect of printing papers including printing ink. ..... we have to examine whether the item 'newspaper' would fall within the expression 'goods' under sub-section (3) of section 5 of the kgst act and whether the petitioner is justified in issuing form 18 for the selling dealer to avail of the concessional rate of tax and whether the state legislature has got the power to impose taxes on the sales or ..... section 21 of the act, repealed the state law, consequently the excise acts of the states under which duty was being levied on medicinal and toilet preparations containing alcohol deemed to have been repealed .....

The Central Intelligence Officer Vs. the Commissioner of Inquiry (Mara ...

Court : Kerala

Reported in : 2005CriLJ2944; 2005(2)KLT927

..... it is pointed out that though article 395 of the constitution of india repealed government of india act, the rules of business framed under section 40(2) of the government of india act are still in force in view of the provisions of article 372 of the indian constitution. mr. ..... the learned additional solicitor general has argued that in view of the provisions of rule 9 of the rules of business made under section 40(2) of the government of india act, 1935 the director of intelligence bureau is entitled to decline to give any information that he judges it necessary to withhold. ..... in exercise of the powers conferred by section 12 of the commissions of inquiry act the government of kerala had framed 'kerala commission of inquiry rules, 1958'. ..... section 12 of the act confers power on the appropriate government to make rules to carry out the purposes of the act.21. ..... the apex court after an exhaustive survey of various decisions held that the central government is entitled to withhold certain information under section 18 of the atomic energy act, 1962.35. ..... the government of kerala constituted a one man inquiry commission as per section 3 of the commissions of inquiry act, 1952. ..... section 3 of the commissions of inquiry act confers power to the appropriate government to appoint a commission of inquiry for the purpose of making an enquiry into any definite matter of public importance if it is of opinion that it is necessary to do so. .....

Nature Lovers Movement Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2000Ker131

..... hectares in idukki district major portion, namely 20,363 hectares is cardamom hill reserve and as early as in the year 1958, this area has been transferred to the control of revenue department and therefore no clearance from the government of india under section 2 of the forest (conservation) act was required for the assignment of cardamon hill reserve land. ..... the area earmarked for assignment is that converted into agricultural holdings prior to 1-1-1977 and therefore the liquidation of any existing forest is not involved in regularising the possession and occupation.the government of india clarified that no sanction under section 2 of the act is necessary for utilising the forest lands de-reserved for non-forest purposes prior to the promulgation of the act. ..... land which are converted for non cardamom cultivation prior to 1-1-1977 in idukki district which have been transferred from forest department to revenue department and covered in the resurvey records and list of lands recommended to government of india for concurrence under section 2 of the forest (conservation) act. ..... though the special rules are intended only for the purpose of regularisation of occupation of forest lands prior to 1-1-1977, the term 'land' takes in the list of lands recommended to the government of india for concurrence under section 2 of the for-est (conservation) act.56. .....

Dr. V.K. Rajan Vs. State of Kerala

Court : Kerala

Reported in : 2008CriLJ909

..... in so far as other provision is made by or in accordance with a law made by the constituent assembly of the dominion under sub-section (1) of this section, each of the new dominion and all provinces and other parts thereof shall be governed as nearly as may be in accordance with the government of india act, 1935; and the provisions of that act, and of the orders in council, rules and other instruments made thereunder, shall, so far as applicable, and subject to any express ..... our attention has not been drawn to any subsequent ordinance or act of the indian legislature amending or repealing the said ordinance with the result that it continued to be force.hon'ble apex court was considering the validity of the high denomination ..... continuance in force of existing laws and their adaptation :- (1) notwithstanding the repeal by the constitution of the enactments referred to in article 395 but subject to the other provisions of this constitution, all the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.then, the question is whether the ordinance was an existing ..... 1946 there was no limitation of the period of duration of the ordinance in question and the ordinance having the like force of law as an act passed by the indian legislature without any limitation on its duration was to continue in force until it was repealed. .....

L. Herman C. Cruz Vs. State of Kerala

Court : Kerala

Reported in : AIR1963Ker341; 1963CriLJ624

..... prasad next, however, puts forward the proposition that a rule such as 130a which repeals by implication certain .provisions of the code of criminal procedure and divests the high court of its powers is invalid, because this could be done only by the legislature itself under sections 292 and 223, government of india act, 1935, and not by rules framed under statutory authority. ..... also stated that rule 155, in particular, is ultra vires and void inasmuch as the rule involves the repeal of sections 496 and 497 of the criminal procedure code which is a legislative power and the central government as a delegated authority can exercise no such power. ..... before whom the petitioner applied for bail rejected the application on the ground that rule 155 of the rules framed under the defence of india act restricts the discretion of the court in the matter of granting bail and that a person accused of contravention of any rules notified by the central government cannot be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such ..... to section 3, defence of india act, any provisions of the code of criminal procedure inconsistent with anything in the act or rules must be, therefore, regarded as repealed.'11. ..... that rule 155 repeals by implication sections 496 and 497 of the criminal procedure code, the repeal is not by any act of the delegate, namely, the central government but the repeal is by the legislative act of the parliament .....

State of Kerala, Rep. by the Secretary to Government Food and Civil Su ...

Court : Kerala

..... whereas the government of kerala are of the opinion that it is necessary and expedient so to do for ensuring the availability and distribution of unadultered petrol, high speed diesel, cooking gas and petroleum based lubricants at fair prices: now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 3 of the essential commodities act, 1955 (central act 10 of 1955) read with the orders of the government of india, ministry of mines and fuel no ..... in paragraph 12, the following has been laid down: 12......section 6 does not either expressly or by implication repeal any of the provisions of pre-existing laws; neither does it abrogate them ..... the apex court noted that section 6 does not either expressly or by implication repeal any of the provisions of the pre-existing law neither does it abrogate them but the laws are simply ..... that law remains un repealed but during the continuance of the order made under section 3 it does not operate in that field for the time ..... the effect of section 6 certainly is not to repeal any one of those laws or abrogate ..... the indian iron, steel and scrap control order of the central government did not expressly provide for repeal of the madhya bharat scrap iron and steel, etc. ..... the essential commodities act, 1955 cannot be considered as having been impliedly repealed insofar as it relates to petroleum and petroleum products, by the enforcement of the petroleum act and the petroleum and natural gas regulatory board act, 2006. .....

P.A. Asma Beevi Vs. Commissioner, Municipal Council, Ernakulam and anr ...

Court : Kerala

Reported in : AIR1968Ker31

..... these circumstances the supreme court referred to article 277 of the constitution and said:'therefore, so long as parliament did not make any law relating to medicinal and toilet preparations, the position under the government of india act would continue and the stales would have the power to continue levying duties of excise on medicinal and toilet preparations to the same extent to which they were levying them immediately before the commencement of ..... the excise acts of the various states were undoubledly law under which duty was being levied on medicinal and toilet preparations containing alcohol and these excise acts must be deemed to correspond to the act for the purposes to levy of duty on medicinal and toilet preparations and must be held to have been repealed by section 21 so far as medicinal and toilel ..... necessary that the state should have had a separate law for levy of duties of excise on medicinal and toilet preparations, for the repeal in section 21 of the act to come into effect. ..... in force in the slates concerned at the time the medicinal and toilet preparations, excise duties') act, 1955 was passed by parliament, it has also to be noted that section 21 of that act embodied an express repeal in the following terms:'if, immediately before the commencement of this act, there is in force in any stale any law corresponding to this act, that law is hereby repealed;provided that all rules made, notifications issued, licences or permits granted, powers conferred under any .....

Mohammed Sheriff and ors. Vs. State of Kerala

Court : Kerala

Reported in : AIR1986Ker67

..... parliament can do what the central legislature could not under section 107(2) of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list. ..... article 254 corresponds to section 107 of the government of india act, 19351 with the difference that there is no provision in section 107 corresponding to the proviso to article 254(2) of the constitution.7. ..... it is contended on behalf of the statethat the acquisition in the present case is under the kerala land acquisition act and is governed only by its provisions and the central act 68 of 1984 amending the land acquisition act 1 of 1894 can have no application to the present case.legislation relating to land acquisition falls under entry 42 of list iii of the seventh schedule of the constitution. ..... 'in the light of the principle discussed above clause (2) of section 25 and section 30 of the kerala land| acquisition act (act 21 of 1962) are repugnant to the provisions of section 23(2) and section 28 of the central act 1 of 1894 as amended and varied1 by parliament as per sections 15 and 18 respectively of act 68 of 1984, and are therefore void. ..... this is an appeal by the claimants in a land acquisition reference under section 20 of the kerala land acquisition act for enhancement of compensation for their land acquired by the government. .....

Azeez Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT145; [2006]68SCL561(Ker)

..... proceedings were initiated against the appellant writ petitioner by the assistant director of enforcement, foreign exchange regulation act, government of india, calicut under section 50 of the foreign exchange regulation act, 1973 (hereinafter referred to as 'fera') for contravention of section 9(1)(b) and 9(1)(d) of the act. ..... act hereby repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) any appeal preferred to the appellate board under sub-section (2) of section 52 of the repealed act but not disposed of before the commencement of this act shall stand transferred to and shall be disposed of by the appellate tribunal constituted under this act;(c) every appeal from any decision or order of the appellate board under sub-section (3) or sub-section (4) of section 52 of the repealed act ..... shall, if not filed before the commencement of this act, be filed before the high court within .....

K. Krishnankutty, M.L.A. and ors. Vs. State of Kerala

Court : Kerala

Reported in : AIR1985Ker148

..... it was rightly held by the court that the governor had no power to continue its life by another ordinance and the life of the ordinance was limited by the provision in the government of india act. ..... that religion is a matter which lies solely between man and his god, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, i contemplate with sovereign reverence that act of the whole american people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of ..... the right of the hindus to administer according to law the property of their religious institutions and in the light of what is stated above our conclusion is that the restrictions imposed by sections 63 and 64 in the choice of the members of the cochin devaswom board do not violate the provisions of any of the articles specified in this issue, namely, articles 14, 15(1), 19(1)(f) and (g) and 26.' 18 ..... in the present case, the ordinance was promulgated when the earlier ordinance was in force and it repealed the same and it was given retrospective effect also. ..... this ordinance, 86 of 1984, which is challenged, was promulgated on the 29th of november, 1984, and deemed to have come into force on the 10th day of october, 1984, repeals the earlier ordinance and saves anything done or any action taken under the previous repealed ordinance.8. .....