Court : Kerala
Reported in : AIR1983Ker10
..... way subject to the payment of land revenue to the government; or (c) any other registered holder of land in proprietary right; or (d) any person holding land under grant from the ..... the goverment or for the corporation to permit construction of bunks or like structures which are inconsistent with the use of streets qua streets, except in so far as specific provisions have been made in that behalf under the act, since in the present case there is no dispute, in the absence of any pleading to the contrary, that the land in question is part of the public street which has vested in the corporation, the construction of the bunk and ..... on or beside the same, the bed of the sea and of harbours and creeks below high water mark, the beds and banks of rivers, streams, irrigation and drainage channels, canals, tanks lakes, backwaters and water courses, and all standing and flowing water, and all lands wheresoever situated, save in so far as the same are the property of- (a) jenmies, wardgars or holders of inams or (b) persons registered in the revenue records as holders of lands in any .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker12
..... into with the object of carrying out fraudulent or illegal motives, and which, therefore, fall within specific provisions enacted by the legislature to prevent the abuse of the practice of benami, are governed by those specific provisions, and the bar against retrospective operation of the new provision will not affect the operation of those specific provisions.'31. ..... were reports in the press about an apprehension on the part of the state government whether some of the provisions of the ordinance would tend to defeat the attempts of the state government to help innocent victims of unscrupulous monetary manipulators, generally and deservedly referred to as ..... on the taxation laws (amendment) bill, 1969 agreed to the suggestion for the examination by the government on existing law relating to benami transaction with a view to determine whether such transaction should be ..... among the government servants who are honest, saving is a ..... was observed, might be a comparatively harmless one of circumventing the restrictions imposed under the 'government servants' conduct rules', or to ward off claims by other members of the joint family ..... legislature it must ......beconstrued according to its true legal meaning unless it is apparent upon the face of the act in which it is used that it is intended to bear a more restricted meaning. ..... the bungalow on the banks of a holy river where the hindu wives could perform their religious rites need not be conceived of as an acquisition in which the benefactor .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker126; [1989]65CompCas48(Ker)
..... , or disburse, any payment whether in discharge of its liabilities and obligations or otherwise, or enter into any compromise or arrangement, except to the extent and in the manner provided thereunder: --(i) a sum not exceeding 25% of the total balance in every savings bank or current account or in any other deposit by whatever name called, provided that the sum total of the amounts paid in respect of the accounts standing in the name of any one person (and not jointly with that ..... of this part or in any other law or any agreement or other instrument for the time being in force, where it appears to the reserve bank that there is good reason so to do, the reserve bank may apply to the central government for an order of moratorium in respect of a banking company(2) the central government, after considering the application made by the reserve bank under sub-section (1) may make an order of moratorium staying the commencement or continuance of all actions and conditions as it thinks fit and ..... in exercise of the powers conferred under section 45(1) of the banking regulation act, 1949 (act 10 of 1949), the government of india claimed moratorium on the bank of cochin from the close of business on the 27th of april, 1985 till 28th august, 1985.2. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker222; [1988]64CompCas64(Ker)
..... sub-section (2) of section 25 states that 'no accommodation shall be given under clauses (a), (b) and (g) of sub-section (1) unless it is sufficiently secured by a pledge, mortgage, hypothecation, or assignment of government or other securities, stock, shares, or secured debentures, bullion, movable or immovable property or other tangible assets in the manner prescribed by regulations 'or unless it is guaranteed otherwise as indicated therein. ..... section 46-b states that the provisions of the act and of any rules or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the memorandum or articles of association of an industrial concern or in any other instrument having effect by virtue of any law other than the act, but save as aforesaid, the provisions of the act shall be in addition to, and not in derogation of, any other law for the time ..... the necessity for the former act was explained in the statement of objects and reasons thus :'the provision of credit for medium and long term capital requirements of industry falls outside the normal activities of commercial banks and in certain cases the usual methods of capital issued are not wholly practicable or suitable. .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT331
..... it was also ordered that whenever appeals or petitions are filed without clearance from the committee so as to save limitation, the appellant or the petitioner, as the case may be shall within four months from such filing, refer the matter to the high power committee with prior notice to the designated authority in cabinet secretary of government of india authorised to receive notices in that behalf. ..... in that case the supreme court had stated as follows:'i would also like to state that the government respects the views expressed by this hon'ble court and has accepted them that public undertakings of central government and the union of india should not fight their litigation in court by spending money on fees on counsel, court fees, procedural expenses and wasting public time. ..... 'in the above mentioned case supreme court directed the government of india to set up a high power committee consisting of representatives from the ministry of industry, the bureau of public enterprises and ministry of law to monitor disputes between ministry and ministry of government of india, ministry and public sector undertaking of the government of india and public sector undertakings in between themselves, to ensure that no litigation comes to court or to a tribunal without the matter having been first examined by the committee ..... various departments of the government are its limbs and, therefore, they must act in co-ordination and not in confrontation. .....
Tag this Judgment!Court : Kerala
Reported in : (1988)73CTR(Ker)1; [1988]174ITR482(Ker)
..... been entered into with the object of carrying out fraudulent or illegal motives, and which, therefore, fail within the specific provisions enacted by the legislature to prevent the abuse of the practice of benami, are governed by those specific provisions, and the bar against retrospective operation of the new provision will not affect the operation of those specific provisions. ..... 'it may incidentally be noted that section 281a of the income-tax act 1961, was introduced by the taxation laws (amendment) act, 1972.the select committee on the taxation laws (amendment) bill, 1969 agreed to the suggestion for the examination by the government on existing law relating to benami transaction with a view to determine whether such transaction should be prohibited ..... second appeal will stand dismissed but without any order as to costs.disappointments and acknowledgments :there were reports in the press about an apprehension on the part of the state government whether some of the provisions of the ordinance would tend to defeat the attempts of the state government to help innocent victims of unscrupulous monetary manipulators, generally and deservedly referred to as 'blade companies'. ..... even if there be some saving by fanatically frugal expenditure, those heroes need not necessarily resort to benami arrangements ..... the bungalow on the banks of a holy river where the hindu wives could perform their religious rites need not be conceived of as an acquisition in which the beneficiary was the muslim .....
Tag this Judgment!Court : Kerala
Reported in : (2005)193CTR(Ker)413
..... the benefit which the temple was to derive from the arrangement; it permitted the subscription money to be deposited for interest with banks and merchants or to be, sent to subscribers, and the temple was to get the profit from these deposits and loans. ..... director of small savings : [2004]266itr27(mad) , where the madras high court considered a case where the government operated a scheme in order to encourage thrift as also to mobilise ..... ito : [1993]201itr348(bom) in the context of a claim for deduction under section 80tt of the act made by a sub-agent of lottery tickets considered the meaning of the term 'lottery' with reference to the decisions of other high courts and observed that 'it is clear that a lottery is a chance for a prize ..... thus, while considering the question of applicability of the provisions of section 194b of the act with reference to the prize scheme introduced by the petitioners in these cases, the question has to be considered with reference to the three elements which constitute a 'lottery' as laid down ..... the ito (tds) division-ii, thrissur, had issued notices regarding deduction of tax at source under section 194b of the act directing the petitioners to appear before him for a personal hearing. ..... the division bench had noted that in the finance act, 2001 an explanation was added below section 2(24)(ix) which gave a definition of the term 'lottery' as per which lottery includes winnings, from prizes awarded to any person by draw of lots or by chance or in any .....
Tag this Judgment!Court : Kerala
Reported in : [2004]141TAXMAN615(Ker)
..... clause 6 shows the benefit which the temple was to derive from the arrangement; it permitted the subscription money to be deposited for interest with banks and merchants or to be tent to subscribers, and the temple was to get the profit from these deposits and loans. ..... director of small savings (2004) 206 itr 27 : where the madras high court considered a case where the government operated a scheme in order to encourage thrift as also to mobilise funds for developmental ..... ito : [1993]201itr348(bom) in the context of a claim for deduction under section 80tt of the act made by a sub agent of lottery tickets considered the meaning of the term lottery with reference to the decisions of other high courts and observed that it is clear that a lottery is a chance for a prize against a price ..... thus while considering the question of applicability of the provisions of section 194b of the act with reference to the prize scheme introduced by the petitioners in these cases the question has to be considered with reference to the three elements which constitute a lottery as laid down in the aforesaid ..... the income tax department invoked the provisions of section 201 of the act since no tax had been deducted at source and issued notice to the respondent treating him as the assessee ..... these cases the income tax officer (tds) division-ii, thrissur had issued notices regarding deduction of tax at source under section 194b of the act directing the petitioners to appear before him for a personal hearing. .....
Tag this Judgment!Court : Kerala
Reported in : [2005]142TAXMAN249(Ker)
..... , clause 6 shows the benefit which the temple was to derive from the arrangement; it permitted the subscription money to be deposited for interest with banks and merchants or to be lent to subscribers, and the temple was to get the profit from these deposits and loans. ..... director of small savings (2004) 266 itr 271 where the madras high court considered a case where the government operated a scheme in order to encourage thrift as also to mobilise funds for developmental ..... ito : [1993]201itr348(bom) in the context of a claim for deduction under section 80tt of the act made by a sub-agent of lottery tickets considered the meaning of the term 'lottery' with reference to the decisions of other high courts and observed that 'it is clear that a lottery is a chance for a prize against a price ..... thus while considering the question of applicability of the provisions of section 194b of the act with reference to the prize scheme introduced by the petitioners in these cases the question has to be considered with reference to the three elements which constitute a 'lottery' as laid down in the aforesaid ..... the income tax department invoked the provisions of section 201 of the act since no tax had been deducted at source and issued notice to the respondent treating him as the assessee in ..... it is stated therein that as per section 194b of the income tax act the company is liable to deduct tax while distributing the prizes and the petitioners were directed to pay tax with interest demanded by the tax .....
Tag this Judgment!Court : Kerala
Reported in : (2003)184CTR(Ker)159; [2004]265ITR101(Ker)
..... the capital gain arises from the transfer of a capital asset, being a transfer by way of compulsory acquisition under any law, or a transfer the consideration for which was determined or approved by the central government or the reserve bank of india, and the compensation or the consideration for such transfer is enhanced or further enhanced by any court, tribunal or other authority, the capital gain shall be dealt with in the following manner, namely ..... : (a) the capital gain computed with reference to the compensation awarded in the first instance or, as the case may be, the consideration determined or approved in the first instance by the central government or the reserve bank of india shall be chargeable as income under the head 'capital gains' of the previous year in which such compensation or part thereof, or such consideration or part thereof, was first received; and (b) the ..... before him have agreed in writing on the matters to be included in the award of the collector in the form prescribed by rules made by the appropriate government, he may, without making further enquiry, make an award according to the terms of such agreement',section 11(3) of the land acquisition act is also relevant, which reads as follows :'11(3) the determination of compensation for any land under sub-section (2) shall not in anyway affect the determination of ..... the transfer of a capital asset effected in the previous year shall, save as otherwise, provided in sections (.... .....
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