Court : Kerala
Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)
..... of facts shall be 'conclusive proof of a second set. an example of this is rule 3 of the rules framed in 1956 under section 18 of the citizenship act, 1955, which was the subject matter of challenge in izhar ahmad's case [izhar ahmad khan v. union of india : air1962sc1052 ], a presumption has been defined as 'an ..... board to pass an order with a view to bringing an end or preventing the matters complained of or apprehended (see rajahmundry electric supply corporation ltd. v. a. nageswara rao : [1955]2scr1066 ; palghat exports (p) ltd. v. t.v. chandran and ors. (1994) 1 comp lj 469 (ker) : (1994) 79 comp cas 213 (ker). very vast ..... (1984) 3 all er 935 held as follows:it may be indicated here that the doctrine of 'legitimate expectation' imposes in essence a duly on public authority to act fairly by taking into consideration all relevant factors relating to such 'legitimate expectation'. within the conspectus of fair dealing in case of 'legitimate expectation', the reasonable opportunities to .....
Tag this Judgment!Court : Kerala
Reported in : 2001CriLJ2652
..... conduct the investigation.4. petitioner in o.p. 7068 of 2001 is a society registered under the travancore cochin literary, scientific and charitable societies registration act, 1955. it is stated that 'the society is formed by a group of public interested citizens, with a view of uplifting social morality by assuring effective ..... have made a demand for the investigation by the central bureau of investigation. central bureau of investigation is constituted under the delhi special police establishment act, 1946. the said statute enables the central government to constitute a special police force for investigating the offence or classes of offences notified under section ..... with a view to averting further speculation by the public. videgraph of reconstruction of the incident was permissible under the provisions of the information technology act, 2000 according to the learned public prosecutor. the entire case diary as also the travel documents including the video tape and photographs taken from .....
Tag this Judgment!Court : Kerala
Reported in : [2001]247ITR18(Ker)
..... k. usha j.1. the appellant is a charitable society registered under the travancore cochin literary scientific and charitable societies registration act, 1955. the society made an application for registration under section 12a of the income-tax act, 1961, before the respondent under exhibit p3, letter dated july 14, 1998, accompanied by exhibit p4, prescribed form. ..... was proposed to provide for a procedure to be followed for grant of registration to a trust or institution. earlier, there was no provision in the act for processing an application for exemption in respect of income of a charitable or religious trust or institution on satisfying certain conditions. as per the new ..... the order is vitiated for having been issued in violation of the principles of natural justice.5. section 12aa which was inserted by the finance (no. 2) act. 1996, with effect from april 1, 1997, reads as follows :'12aa. (1) the chief commissioner or commissioner, on receipt of an application for registration of .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT235; (2007)8VST604(Ker)
..... to levy excise duty continues till the provision to the contrary is made by the parliament by law. parliament enacted the medicinal and toilet preparation (excise duties) act, 1955 which came into force on april 1st, 1957. therefore once the provision to the contrary is made, effect of the saving clause under article 227 ceases to ..... ii of the seventh schedule which enabled the levy of sales tax on newspapers and advertisements. the united state of travancore and cochin general sales tax act 1125 (act 11 of 1125) was enacted to provide for the levy of a general tax on the sale of goods in the united state of travancore and cochin ..... has got an alternative remedy by way of revision. counsel submitted that the first respondent has initiated proceedings based on provisions which are repealed, non existent and inapplicable and acted without jurisdiction. counsel placed strong reliance on the decision of the apex court in printers (mysore) ltd. v. assistant commercial tax officer (1994) 93 stc 95 .....
Tag this Judgment!Court : Kerala
Reported in : [2009]312ITR51(Ker); [2009]184TAXMAN93(Ker)
..... travancore-cochin literary, scientific and charitable societies registration act, 1955, hereinafter referred to as the act. the membership of the society consists of panchayats in the state of kerala and the society itself is a government of kerala undertaking. it is registered under section 12a of the income-tax act, 1961. it is entitled to exemption from income ..... sought to grant exemption under section 11 with respect to the income accumulated for the year 2000-01 in accordance with section 11 of the income-tax act.3. i heard sri joseph markose, learned senior counsel appearing for the petitioner and also the learned standing counsel sri jose joseph appearing on behalf of ..... in exhibit p5 is that the explanation offered is not acceptable and being a government organization it has the responsibility to comply with the provisions of the act and make suitable arrangements. it is stated that the records clearly show that the society has not taken any steps to file the return along with form .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker105
..... properties liable to be attached in execution. the decree-holder, on the other hand, contended that with the coming into force of the hindu succession act, 1956, every member of a tarwad hns been conceded a heritable right in the tarwad properties and the same is liable to attachment. ..... there is no contradiction or supersession of the former by the latter. all that is enacted in section 7(1) of the hindu succession act is that when an individual dies, a partition must be deemed to have taken place in his tarwad immediately before his dealh and ..... all the members of a kshatriya tarwad since the first day of medom 1108 when the act came into force. so, on the date of attachment in this case (i.e., on 15-12-1955) the. second defendant was entitled to demand partition and immediate separation of her share in ..... is, therefore, reversed;, and the attachment effected by the decree-holder in the case on 17-12-1955 is restored to effect. the revision petitioner will have his costs from the respondent. .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2057
..... 317; vamanan nambudiri v. n. kurup ; this court had emphasised 'the need for liberality' while considering provisions relating to the right of appeal. section 29 of the act is also entitled to such liberality while attempting to interpret the same and ascertaining the width and amplitude of the expression 'the order' in section 29.19. whether an ..... provision in (he statute against a party -- respondent is the one in section 31 of the act. chapter 1 containing sections 1 and 2 deals only with the short title, extent and commencement and the definitions. shared household is defined in section 2(s) ..... provision is also made for the redressal of (heir grievances through the structure provided under the criminal law. it will be apposite to alertly note that the act is a piece of civil law which is sought to be implemented through the instrumentality of the courts constituted under the code of criminal procedure. the only penal .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker196
..... as an affidavit in the main case. the facts are thus set out in paragraph 6 of that affidavit :-- 'the nairs constitute a section of the hindu religious denomination and have therefore under article 26 of the constitution of india the right to establish and maintain institutions for religious and charitable purposes and to administer ..... interference, except--when the conditions for attracting the saving are satisfied, would attract article 19--indeed article 31a(1)(b) was introduced in its present form in 1955 (with retrospective effect) in order to get over air 1953 sc 373, and save a taking over from attack under article 19(1)(f) subject to ..... commission of 1902. this has been repeated in the reports of the radhakrishnan committee (1948-49), of the kothari commission (1964-66) and of the model act committee (1965). according to these reports, the managing body should, in addition to the representatives of the educational agency, include the principal and other representatives of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker267
..... in the kerala state. it is also stated that partners nos. 2 to 7 are the sons of partner no. 1 and they are members of a hindu mithakshara family.9. the petitioners claim that the business of banking was their ancestral trade, started several years ago and that it has been also carried on by ..... 6) of the constitution, very exhaustively goes into the historical back-ground, as well as the history of the legislation in question namely, the madras commercial crops markets act--act xx/1933 as well as the reports of the committee constituted for that purpose.103. mr. t. s. krishnamoorthy ayyar contended that the effect of the legislation ..... successor to the original imperial bank of india, is functioning under a similar statute namely, central act xxxii/1955. banking com-panies referred to in section 49-a, are all subject to the provisions of the indian companies act as well as the banking companies act, 1949. therefore, mr. k. v. suryanarayana iyer contended that there is a legislative purpose .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker75
..... 4-1964 is not as a mortgagee and he is not entitled to claim any benefit under section 5 of the kerala land reforms act, act i of 1964. point no. 2 is accordingly found in favour of the appellants.10. point no. 3:-- the question to ..... also claimed share in the property by virtue of his purchase of the rights of some of the members. on 27-8-1955 a preliminary decree was passed in this suit by which the 1st plaintiff was declared entitled to 9/30 shares, 1st defendant ..... failure of the 1st plaintiff to claim the benefit under the cochin proclamation or under section 5 of the kerala land reforms act before the second preliminary decreed was passed is fatal and he is precluded from raising the very same contention in the proceeding ..... and regarding the balance 21/30 shares the mortgage will subsist. the 1st paragraph of section 60 of the transfer of property act which allows partial redemption is also indicative of this fact. the last paragraph of section 60 provides for the only contingency in .....
Tag this Judgment!