Court : Kerala
Reported in : AIR1994Ker179
..... audit every five years regarding guruvayur devaswom is a commendable suggestion and has our approval (paragraph 58).z(8). whether the provisions of the act enabling the hindu members of the council of ministers to nominate their representatives to the managing committee are competent and authorised in view of and after the ..... the constitution, 1976, whereby the words 'social' and 'secular' have been added to the word 'democratic republic', the provisions of the guruvayur devaswom act enabling the hindu member of the council of ministers to nominate their representatives to the managing committee as if representing the denomination, cannot stand. according to him, after ..... , in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker277; I(1994)DMC79
..... further, it is provided under section 13(2) that no person shall be entitled to be guardianship by virtue of the provisions of the hindu minority and guardianship act, or of any law relating to guardianship in marriage among hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor. 18. the ..... of the child after 21/2 months. the father contended that he is the natural guardian of the infant. according to the provisions of section 6 of the hindu minority and guardianship act, 1956, the respondents have no legal right for the custody of the infant and that the detention of the infant by the respondents is illegal. the court ..... from the parents patriae jurisdiction will be used only for the promotion and welfare of the infant. 24. counsel for the father, referring to section 6 of the hindu minority and guardianship act, said that the father is the natural guardian and if he is not found to be unfit, he has got a right, which cannot be controlled by .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker215; [1960]38ITR144(Ker)
..... the appellate assistant commissioner has dismissed the appeal oft the ground that the nair lady was a wife and her children the legitimate children of the assessee under the hindu marriage validation act. this ground has, however, not been pressed before us by the counsel of the department. the appellate tribunal also found the reason for excluding the amounts from ..... of july 10th, 1958, further directed the tribunal to state the second question, which concerns the children. 4. it is not disputed that, because of his earlier marriage and the wife being alive, the assessee could not have legally married the nair lady. it is not clear where the assessee first began to live with her; but ..... that it has been extended to construction of statutes also. in this connection the counsel for the assessee has drawn our attention, to makein v. makein, 1955-1 all er 57, where an illegitimate infant was found not to be covered by the word 'dependent' in section 1(1) of the inheritance (family provision .....
Tag this Judgment!Court : Kerala
Reported in : 2003(1)KLT720; [2004]138STC323(Ker)
..... other than khandsari sugarnil1701-31required by the central government to be sold under cl. (f) of sub-s. (2) of s. 3 of the essential commodities act, 1955 (10 of 1955)rs. 17 per quintalrs. 21 per quintal1701-39otherrs. 34 per quintalrs. 37 per quintal1702-11palmyra sugarnilnil5. a contention similar to the one taken by the revenue was ..... alchidana were sweets used on festive occasions. but this circumstance has no relevance on the question of legal classification for the purpose of the bombay sales tax act. on the other hand, it appears from the judgment of the tribunal that it is possible to convert these articles into sugar by dissolving them in water ..... the assessee holding that 'sugar will include sugar candy' and, therefore, it is exempted from payment of sales tax under entry 56 of the third schedule to the act.3. the learned government pleader appearing for the revision petitioner submits that 'sugar candy' has never been understood in common parlance as 'sugar' since 'sugar candy' .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
..... criminal procedure code. when we mention the statutes in this segment, we have to mention the travancore-cochin public health act, 1955, panchayat act, 1960, municipalities act, and the corporations'act, and the rules under these acts. they provided for certain measures intended for abating nuisance and for protection of public health and safety.164. ..... , lakes, rivers and wild life, and to have compassion for living creatures. inl974, parliament passed water (prevention and control of pollution) act, 1974. this act provides for the prevention and control of water pollution, maintaining or restoring of wholesomeness of water. the establishments with a view to carrying out ..... while handling any hazardous substance and for matters connected therewith or incidental thereto. the definition of the word 'accident' was amended by amendment act, 1992 (act no. 11 of 1992). after the amendment, the definition reads thus:--'accident' means an accident involving a fortuitous, or sudden or unintended .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker303
..... therein and when an additional class was opened, the 4th respondent was appointed as a temporary teacher in the institution on 8th october, 1952. in the beginning of 1955, he was given notice of termination of his services from 1st june of the year, from which date the divisional class was not expected to function.tile 4th ..... of certiorari could issue to quash their orders.12. one thing appears to be clear and that is that the district educational: officer and the divisional inspector of schools acting under rule 13 (2) (vii) and the director of public instruction under rule 14 are but domestic tribunals constituted by the said rules and they acquire their jurisdiction ..... elementary schools in the malabar area and these two sets are issued in two parts. the rules in the 1st part are professedly framed under the madras elementary education act, 1920 whereas the rules contained in part ii, headed 'rules for the grant of recognition and aid to elementary schools', do not profess to he made under .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker335
..... proper interpretation to be placed upon the expression 'route' referred to in the provisions relating to state transport undertaking contained in chapter tv-a of the motor vehicles act -- act iv of 1939.2. as facts are slightly different, i may mention the circumstances under which the two writ petitions have come to be filed.3. in ..... to be replaced, cancelled or modified as the case may be, the undersigned is hereby publishing the scheme under section 68-c of the motor vehicles act, 1939 (central act iv of 1939) for general information.any person affected by the scheme may file his objections before secretary to government. public works -department within thirty days ..... permits in force in the said area/route whenever found necessary, the undersigned is hereby publishing this scheme under section 68-c of the m. v. act, 1939 (central act iv of 1939) for general information.any person affected by the scheme may file his objections before secretary to government, p. w. d. within thirty .....
Tag this Judgment!Court : Kerala
Reported in : I(1987)ACC461; AIR1987Ker47; [1990]68CompCas192(Ker)
..... and procedure of that court.'12. courts in india have had occasion to consider this question in the light of the provisions of the motor vehicles act also. the act confers a right of appeal. it does not specifically confer a right to file cross objections. the question is whether the respondent in an appeal under ..... appeal must be regulated by the practice and procedure of that court.'dealing further with the matter, the court observed :'the rights created by the trade marks act are civil rights for the protection of persons carrying on trade under marks which have acquired reputation. the statute creates the registrar a tribunal for safeguarding these rights ..... counsel for the appellant and other members of the bar interested in the question.2. sections 110 to 110f were substituted for former section 110 by central act 100 of 1956. section 110 deals with power of the state government to constitute motor accidents claims tribunals for the purpose of adjudicating upon claims for compensation .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker345; [1961]42ITR631(Ker)
..... in this reference we are, however, concerned with legality of the order imposing penalties for the income-tax officer had on 8-9-1955, imposed on the son the further penalties of rs. 5,000 on ac-count of his failure to pay the tax for the first ..... have also not been paid. the son had earlier filed appeals against the main assessment orders and the appellate assistant commissioner on 13-9-1955, passed orders reducing by rs. 75,000 the tax for the year 1950-51, and by rs. 23,845 the tax for the ..... tax actwere made from the assessee's son, and the noticeunder section 29 of the income-tax act was served onthe legal representative on 7-1-1955. he requested on 27-1-1955, monthly instalments for payment of the tax for the assessment year 1950-51, and theincome-tax officer ..... rs. 1,47,577-15-0 and was to be payable in threeequal instalments on january 21, february 25, and march 28, 1955. similarly the tax for the other assessment year had come to rs. 53,810-13-0 and was to be realised by two equal .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker298
..... consider the question as to whether there has been an excessive delegation of legislative authority under section 11 (1) of the madras commercial crops markets act -- act 20 of 1933 as amended by act 33 of 1955. under the said section, power was given to the market committee to levy a cess by way of sales tax on any commercial crop, ..... the application of the relevant tests.' his lordship also adverts to the earlier decision of the supreme court in (s) air 1955 sc 25 where the validity of the provisions of section 27 of the minimum wages act was upheld.58. after a consideration of the various provisionsof the statute which was before the supreme court, mr. gajendragadkar again ..... court referred to earlier, as it was given on a comparison of the provisions of sections 3 and 18 of the act in question.55. in my view, the decision of the supreme court in (s) air 1955 sc 25 cannot assist the learned advocate general, because the supreme court was able to find that the legislative policy namely .....
Tag this Judgment!