Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 22 officers of chambers Court: kerala Page 1 of about 17 results (0.067 seconds)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. ..... section 21 of the act, repealed the state law, consequently the excise acts of the states under which duty was being levied on medicinal and toilet preparations containing alcohol deemed to have been repealed ..... in answer to the proceedings petitioner had informed the sales tax officer by communication dated 10.05.1968 that even though c form could be used for purpose of purchase of raw material for the manufacture of newspaper, since the petitioner was publishing weeklies and other periodicals which ..... on 9.5.1968 the sales tax officer ii circle, kottayam had proposed to amend the registration certificate issued to the petitioner on 27.7.1957 to bring it in conformity with the cst (amendment) act permitting the petitioner to purchase goods for use in the manufacture and sale of (i) printing paper, art cord, ink (to be used for the purpose other than printing newspaper) and (ii) type metal, stitching wire (to ..... assistant commercial tax officer (1985) 59 ..... assistant commercial tax officer (1994) 93 stc 95, whirlpool ..... income tax officer : [1961]41itr191(sc) , whirlpool .....

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

Court : Kerala

Reported in : 2005CriLJ2944; 2005(2)KLT927

..... 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. ..... it is pointed out that though article 395 of the constitution of india repealed government of india act, the rules of business framed under section 40(2) of the government of india act are still in force in view of the provisions of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 ..... on the very same day the counsel for commission filed ext.p3 petition under sections 4 and 5(2) of the commissions of inquiry act for a direction to the additional director general of police (intelligence), trivandrum, commissioner of police, kozhikode city, superintendent of state special branch, kozhikode or any other officer who has custody of the documents to produce the daily reports submitted to them by the staff of the district special branch and the state special ..... the code of civil procedure, 1908 (5 of 1908), in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any person from any part of india and examining him on oath;(b) requiring the discovery and production of any document;(c) receiving evidence on affidavits;(d) requisitioning any public record or copy thereof from any court or office;(e) issuing commissions for the examination of witnesses or documents;(f) any other matter which may be prescribed. .....

M.M. Jeevan and Another Vs. State of Kerala Chief Secretary, to Govern ...

Court : Kerala

..... of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh ..... in other words, the compensation may be said to have been "paid" within the meaning of s.24(2) when the collector (or for that matter land acquisition officer) has discharged his obligation and deposited the amount of compensation in court and made that amount available to the interested person to be dealt with as provided in s.32 and s.33. 18. ..... - (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. ..... present case petitioners have filed application for stay of the land acquisition proceedings and despite pendency of the application, possession of the land was taken, hence this court under article 226 of the constitution of india as laid down in the above cases can restore the status quo ante. .....

Nature Lovers Movement Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2000Ker131

..... 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. ..... of environment and forests, government of india, regional office (south zone) bangalore. ..... all these aspects in view and after hearing learned counsel for the parties in the presence of officers of the state government and ntpc and representatives of the banwasi seva ashram, we proceed to give the following directions. ..... a part of the jungle became reserved forest and in regard to other proceedings under the act were taken, the forest officers started interfering with their operations in those areas. ..... the absence of any specific plea of dishonest intention and mala fides on the part of the governmental officers we need not go into any further on this issue. ..... the opinions and views expressed by these experienced officers have considerable amount of value and strength. in ..... upto twenty freetares and proposal involving clearing of naturally grown trees in forest land of portion thereof for the purpose of using it for re-afforestation shall be sent to the chief conservator of forests of the concerned regional office of the ministry of environment and forests. ..... special land assignment offices have been opened in these districts to carry out this .....

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

Court : Kerala

Reported in : 2008CriLJ909

..... into force on the 15th of august, 1947, and sub-section (2) of section 8 of this act lays down as follows:except 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 ..... as follows:(g) 'inquiry' means every inquiry, other than a trial, conducted under this code by a magistrate or court;(h) 'investigation' includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorised by a magistrate in this behalf;now, we will consider the meaning of 'trial' in the context of p.c. ..... 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 law immediately before the commencement of the .....

L. Herman C. Cruz Vs. State of Kerala

Court : Kerala

Reported in : AIR1963Ker341; 1963CriLJ624

..... raj kishore 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. ..... it is 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. ..... judge 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 contravention ..... the allegation against the accused is that on 17-5-1963 accused 1 to 3 and 6 to 10 instigated the tindal and the crew including accused 4, 5 and 11 to 13 to resist the attempt of the officers to take delivery of the rice bags which had arrived by ship s. s. .....

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 ..... the quantity held in stock or produced or received by him or (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him to the central government or a state government or to an officer or to the central government or to a corporation owned or controlled by agent of such government or to such other person or class of persons and in such circumstances as may be specified in the order. ..... 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 ..... 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 ..... 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. .....

Kochunni Kartha and ors. Vs. State and ors.

Court : Kerala

Reported in : AIR1961Ker210

..... notice of a bill was given, by which it was proposed to confer occupancy rights on kanamdars of 25 years' standing but the bill was not introduced, and another was introduced, in 1924, to which the governor, under section 81 (1) of the government of india act, 1919 withheld his assent, it being then stated that a committee would be appointed to go into the question afresh.the deliberations and the report of the committee caused the ..... to pay rent in kind, whose money value had yet to be determined in exercise of the powers under the act.the devaswom board, in the replies, not only adopt the plea of the act not being constitutional due to the landlords' fundamental rights having been infringed; but further claim the act not having repealed the earlier enactments, under which holders of kanam tenures in the devaswom lands, were subject to special powers, that ..... munroe, and the other as well, were found not to be satisfactory, which brought about appointment of a special officer in august 1907 to study the whole situation, who made an exhaustive investigation of the administration, submitted proposals, and thereafter the completescheme of devaswom adminisration was brought into force in september 1909.thereunder, all ' ..... sub-divisional officer, chandur-morsi, ilr (1954) nag 816: ((s) air 1955 nag 1), (fb) was held to be saved by clause 5 in so far as the provisions of the act imposed reasonable restrictions or the exercise of right to hold and dispose of property in the interest of .....

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. ..... the preliminary notification under section 3(1) of the kerala land acquisition act was published in the gazette dated 25-12-1973, the declaration under section 6 of the act was published in the gazette dated 1-10-1974 and an award was passed by the land acquisition officer on 24-1-1976. ..... 'in the present case the award was passed by the land acquisition officer on 24-1-1976 and the lower court had passed its award on 28th oct. ..... 43/31a (05.26 acres) and survey number 43/33a (21.04 acres) are situated near the post office and municipal office, changanacherry, and the m. c. ..... b2 relied on by the land acquisition officer was not proved and the court below was right in not relying on the same for fixing compensation. ..... the taluk office, sub-registrar's office and english high school sadium and hospital are also near the site. ..... proximity to the public offices adds to the importance of the lands. ..... the land acquisition officer awarded land value at the rate of rs. .....