Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 280 organisation and expenses of india office Court: kerala

Manakunnam Village Padasekhara Samrakshana Samithi, Kandanad, Rep. by ...

Court : Kerala

..... coastal zone management authority has filed a counter affidavit, pointing out that the government of india has issued crz notification 1991 for regulating the activities in the coastal zone of the entire country, in exercise of the powers under sections 3(1) and 3(2)(v) of the environment protection act 1986, read with rule 5(3)(a) of the environment protection rules 1986. ..... . the properties came to the hands of the respondent companies only in the year 2005 and when similar course was being pursued by the respondent companies and since the grievance raised before the competent authorities did not turn to be fruitful, the petitioner organisation constrained to approach this court by filing w.p(c)18742 of 2007; followed by w.p(c)no.17861 of 2009 in ..... pursuant to the said application, the village officer - manakunnam, thahasildar - kanayannur, revenue divisional officer - fort kochi and the authorities of the local authority - udayamperoor panchayath had inspected the properties and certified that the proposed conversion will not cause any ecological problem and it will not lead to any water logging in the adjacent property, nor will ..... seeking for issuance of a writ of mandamus directing the concerned respondents to ensure that no conversion activities are being undertaken by the respondent companies in the no development zone of the crz in manakunnam village and also to cause redemption of the property already converted in such no-development zone, at the expense of the companies. .....

Malayala Manorama Co. Ltd. Vs. Assistant Commissioner

Court : Kerala

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

..... newspaper' was never excluded and dealt with as goods and taxed as such under act 11 of 1125, because entry 43 of list ii of the viith schedule provided under the government of india act, 1935 enabled the state government to levy tax on the sales and purchase of newspaper.11. ..... a division bench of this court held as follows:the object of section 8(1) read with section 8(3)(b) of the act is for providing a dealer a lower rate of tax under section 8(1)(b) for sales of goods described in section 8(3)(b) for being used by him in the manufacture or processing of goods which are intended for sale so that the goods which are ultimately sold should not become unduly expensive to the consumer by addition of a high rate of sales tax on the purchase of goods which are used ..... since raised a contention that penalty has been imposed on the basis of repealed and non existing provisions of the kgst act, without the authority of law and without jurisdiction, in our view, remedy under article 226 of the constitution of india cannot be shut out due to the availability of the revisional remedy. ..... 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 did not come under the definition of newspaper, petitioner had requested for incorporating certain additional items in .....

John George Vs. Stewards Association in India

Court : Kerala

Reported in : AIR2007Ker57; 2006(4)KLT405

..... though the act of 1947 aforesaid, being an act amending or supplementing the government of india act, 1935 was repealed, yet notwithstanding such repeal, the provisions of the act continued in force under article 372(1) of the constitution subject to other provisions of the constitution. ..... the constitution by article 395 repealed the government of india act and thereby abolished the federal court. ..... per contra, it was urged before the supreme court that the provisions contained in letters patent providing for an appeal cannot over ride the bar created by section 104(2) of the code and that section 104(1) must be read with section 104(2) of the code and by reason thereof, the saving clause in relation to letters patent would not be attracted. ..... 19 (jharkhand) and also the decision of division bench of orissa high court in special land acquisition officer v. ..... 173 of 1984 was also decreed and the defendants were restrained from obstructing the plaintiff from managing the orphanage until he was removed from office. ..... however, the right of the defendants to manage the affairs of the orphanages till they are legally removed from the office was also recognised. .....

The Commissioner, Quilon Municipality, Quilon Vs. Harrisons and Crosfi ...

Court : Kerala

Reported in : AIR1964Ker25

..... the preamble to the act is :'whereas by section 142a of the government of india act, 1935, it is provided that no provincial law relating to taxes for the benefit of a province, or o.f a municipality, district board, local board, or other local authority therein, in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income and that the total amount of such tax payable in respect of any one person shall not, after the 31st day of march 1939, exceed fifty rupees per ..... article 276 is modelled on section 142a of the government of india act, 1935, which was introduced by the indian and burma (miscellaneous amendment) act, 1940. ..... all that section 7 says is:'where any act repeals and re-enacts, with . ..... or without modification any provision of a former enactment, then, references in any other enactment or in any instrument to the provision so-repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.'15. .....

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

Court : Kerala

Reported in : 2005CriLJ2944; 2005(2)KLT927

..... 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. ..... 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. ..... of a civil court, while trying a suit under 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. ..... it is pointed out by the counsel for the commission that the commission had taken a decision on 4.12.2003 to classify various persons and organisations based on the points raised in the statements filed before it into different groups.22. .....

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 accordance ..... , clause (a) where no award under section 11 of the 1894 act has been made, then all provisions of this act relating to the determination of compensation shall apply and (b) where an award under section 11 has been made, then such proceedings shall continue under the provisions of the 1894 act as if the said act has not been repealed. ..... thus considered the making of the award cannot, consist merely in the physical act of writing the award or signing it or even filing it in the office of the collector : it must involve the communication of the said award to the party concerned either actually or constructively. ..... learned counsel for the petitioners contended that in the 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

..... out of the total occupied area of 25,363 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. ..... ministry of environment and forests, government of india, regional office (south zone) bangalore. ..... (iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by government; (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for re-afforestation. ..... keeping 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. ..... in old english law, a certain territory of wooded ground and fruitful pastures, privileged for wild beasts and fowls of forest, chase, and warren, to rest and abide in the safe protection of the prince for his princely delight and pleasure, having a peculiar court and officers. .....

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

Court : Kerala

Reported in : 2008CriLJ909

..... 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 provisions of this act, and with such omissions, additions, adaptations and modifications as may be specified in orders of the governor-general under the next ..... 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. ..... 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 bank notes (demonetization) ordinance, 1946. .....

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. ..... sessions 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. .....

B.S. Ajith Kumar and Others Vs. State of Kerala and Others

Court : Kerala

..... p11, p11(a), p11(b) and p11(c), which are copies of correspondence between the government of kerala and the government of india, which would go to show that there was effective consultation between the government of india and the government of kerala before framing 1992 ..... the director of legal metrology, government of india, has filed a counter affidavit taking the stand that the kerala standards and weights and measures (enforcement) rules, 1992 and the kerala standards of weights and measures (enforcement) amendment rules, 1999 ..... the government of india has already framed central rules ..... answer to that contention, the petitioners would take the stand that as per s.72(1) of the standards and weights and measures (enforcement) act, 1985, what is required is consultation with the central government, which has been done as is evident from exts. ..... the government of kerala later promulgated the kerala standards of weights and measures (enforcement) rules, 1992 under the kerala standards of weights and measures (enforcement) act, 1985, which came into force subsequently as per s.72(1) of which, the state government was vested with powers to make rules to carry out the provisions of that act (hereinafter referred to as the 1992 ..... the legal metrology act, 2009, repealing the standards of weights and measures (enforcement) act, 1985. ..... legal metrology (general) rules, 2011, in r.28 of which, qualification of a legal metrology officer corresponding to the post of inspector has been laid down. .....