Court : Kerala
Reported in : AIR1983Ker200
..... principal and the university authorities were challenged on violation of principles of natural justice also. we have earlier indicated that some of the provisions of the act and statutes contained built-in safeguards to comply with the principles of natural justice. it was contended that natural justice is an all pervasive rule and ..... students any opportunity to defend themselves. in our view, clauses (xxiv), (xxv) and (xxvi) of the first statutes contain sufficient guidelines for the syndicate to act, for the interim suspension order to be passed, and for other actions to be taken, till the students are exonerated from the charges against them. according to ..... the managing committee of the medical college, calicut, resulting in suspension of some students for having indulged in ragging, various provisions of the calicut university act and the first statutes were cited before the bench to contend that the principal of a college was not given any power to suspend under any statutory .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker206
..... claim affecting the defendant who has raised the question. we are in complete agreement with these two decisions.5. the scheme of section 7 of the court-fees act, 1870 (central act) is that the question of court-fees is one solely between the plaintiff and the state. therefore, it was the duty of the court, under the successive ..... rathnavarmaraja v. smt. vimla (air 1961 sc 1299) the supreme court, referring to section 12 (2) of the madras court-fees and suits valuation act (14 of 1955) which is identically worded as section 32 (2) of the kerala act (but for the words : 'but, subject to the next succeeding sub-section not later occurring in section 12 (2) of the kerala ..... act) said that 'this section only enables the defendant to raise a contention as to the proper court-fee payable on a plaint and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker256
..... to such corporation sole?15. whether the palleera muthalpidi estate is stanam property of the ruler of cochin. if so does the stanam exist after the hindu succession act and whether the objector can maintain the objection in the form put forward in the objection.16. whether the nithyachilavu muthalpidi and the funds administered by the ..... deceased. the deceased left no son or daughter or other lineal descendants or mother, and the petitioner is the sole heir of the deceased under the hindu succession act by which he was governed. the deceased executed a will dated 3rd may 1952 under which he made two specific bequests of the properties described in schedules ..... muthalpidi estate is hold to be stanam property, then is not the respondent entitled to possession and management of the estate under the provisions of the kerala act 28 of 1958? are not the objections maintainable even on that ground?13. whether the objector, not being admittedly interested in the personal assets of the deceased .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker304; [1969]72ITR226(Ker)
..... to laws framed under list 3.'the same question arose before the madras high court in air 1944 mad 401 with respect to the constitutional validity of the hindu women's rights to property act, 1937; and patanjali sastri j., in delivering the judgment of the court said:'as we have already pointed out, the term 'agriculture' is used in ..... provisions contained in clause (1) of article 252 of the constitution a resolution has been passed bv the legislature of the state of madras on the 2nd april 1955, adopting the estate dutv act, 1953 (34 of 1953). in so far as it relates to estate duty in respect of agricultural land situate in the said state;now. therefore, in pursuance ..... in this case is that of smt. jayalaksnmi devi and shri madhava rajah of kollengode, the former having died on 6th march 1954, and the latter on 9th may 1955. they were members of a marumakkathayam tarwad; and each of them had admittedly a one-thirteenth share in the tarwad properties on the dates of their deaths. the tarwad .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker185
..... owner.'6. on the formation of the travan-core-cochin state, that state enacted the travancore-cochin prevention of eviction of kudikidappukars act, 1955. thereunder 'kudikidappukaran' and 'kudiyirippu' are defined exactly as in the travancore prevention of eviction act, 1124.7. we may here with advantage advert to section 4 (2) in the travancore prevention of eviction ..... on the basis that section 4 (2) of the t. c. act, 1955, explanation ii to section 2 (20) of the agrarian relations act, 1961, explanation ii to section 2 (25) of the k.l.r. act, and the proviso thereto as inserted by the amending act, 1969 are intended to protect a kudikidappukaran who began occupation of his ..... been the object of section 4 (2) in the travancore act, 1124, section 4 (2) in the t. c. act, 1955 and of explanation i to section 2 (3) of the kerala stay of eviction proceeding act, 1957 as amended by the kerala stay of eviction proceedings (amendment) act, 1958. beginning with explanation ii to section 2 (20) .....
Tag this Judgment!Court : Kerala
Reported in : [1976]103ITR149(Ker)
..... is reflected in the decision of a division bench of the madras high court in sivagaminatha moopanar & sons v. income-tax officer, ii circle, madwai, : [1955]28itr601(mad) . where the relevant american decisions have been elaborately surveyed. the learned judges recorded complete agreement with the argument advanced before them by the learned advocate ..... or mensrea. this expression occurs in different ways in many statutory provisions and also in certain civil actions. see for instance, section 5 of the limitation act; see again, the requirements for a civil suit for damages for malicious prosecution, where, in addition to the requirement of absence of reasonable and probable ..... distribution of profits.--(1) if the income-tax officer, the appellate assistant commissioner (or the appellate tribunal), in the course of any proceedings under this act, is satisfied that any person- (a) has without reasonable cause failed to furnish the return of his total income which he was required to furnish .....
Tag this Judgment!Court : Kerala
Reported in : [1979]117ITR638(Ker)
..... regard the right to interest as arising on the date of section 4 notification. perhaps such was its effect, as only the judgment of the high court dated february 14, 1955, stabilised the section 4 notification, which was till then in jeopardy. in khan bahadur ahmed alladin & sons v. cit : [1969]74itr651(ap) , chief justice jaganmohan ..... that the final determination by the highest court of the compensation would entitle the income-tax officer, notwithstanding the period of limitation fixed under the income-tax act, to reopen the assessment in which he had included the initial compensation awarded by the collector and recompute the entire income on the basis of the final ..... compensation ; or even if it does so, that it would award interest on the excess compensation. in an allied sphere, considering the provisions of the general clauses act, with respect to the expression 'right accrued' and 'vested right', it has been ruled that a mere right to take advantage of the provisions of a statute, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker21
..... a gift, particularly if it concerned immovable property, should he express.^^izfrxzg% izdk'k% l;kr~a lfkkojl; fo'k'kr**(yajnavalkva, 11-176).but under the transfer of property act acceptance may be express or implied. (vide mulla, 5th edn., pages 774-76). acceptance, being thus an essential factor of validity of a gift, has to be proved or made ..... it was the gift under ext. p-3 or that under ext. d-2 that is valid in law,4. that both exts. p-3 and d-2 are the acts of raman kesavan and do bear his signature and have been duly registered is not in dispute. the sub-registrar's endorsements show that ext. p-3 has been presented ..... .2. p. w. 4 1ms mortgaged the plaint schedule property to the 1st defendant under exhibit p-2, dated march 23, 1955, and thereafter assigned his equity of redemption to the plaintiff under ext. p-1 dated june 23, 1955. this suit has been instituted on january 13, 1956, impleading the 2nd defendant also on the allegation that the 1st defendant has .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker226
..... to be comprehended in it.'the same position has been affirmed by the supreme court also. in hans muller v. superintendent, presidency jail, calcutta, (s) air 1955 sc 367, it was observed that --'it is well settled that the language of the entries in the seventh schedule must be given the widest scope of which their ..... in ballentine's law dictionary the meaning given for the word 'organisation' is as follows:'the process of forming and arranging into suitable disposition the parts which are to act together in. and in defining the objects of, the compound body. this process, even when completed in all its parts, does not confer the franchise ............ and ..... incidentally trenches on matters outside the authorised field, and therefore it is necessary to inquire in each case what is the pith and substance of the act impugned. if the act, when so viewed, substantially falls within the powers expressly conferred upon the legislature which enacted it, then is cannot be held to be invalid, merely .....
Tag this Judgment!Court : Kerala
Reported in : (2005)199CTR(Ker)279; 2006(3)KLT251
..... consequently, notices issued under section 158bc are perfectly in order. petitioners had raised claim for examination under section 154 [sic-exemption under section 54] of the act. we are of the view such a contention could be raised during the course of assessment proceedings under section 158bc. because of the stay granted by this ..... on the above information, asstt. director of it (inv. i), calicut, organised a search as per the warrant of authorisation issued under section 132 of the act by the director of it, bangalore. the second respondent was deputed as the, authorised officer by superior officers. the fact of deputation was made known to the ..... the respondents, supported the judgment of the learned single judge and submitted that the department had failed to follow the provisions of section 132 of the it act and the entire search and seizure operation have to be rendered invalid. counsel also submitted that the exercise of search and seizure is vitiated since mandatory provisions .....
Tag this Judgment!