Court : Kerala
Reported in : AIR1981Ker149
..... senate or published in the gazette--would not be operative in respect of a matter falling within section 38, a matter in respect of which the act envisages a regulation of the academic council. it would therefore be of no consequence and the fate of candidates, to whom it is sought to be applied, ought not to be affected ..... of kerala, (1977 ker lt 88) that though normally these matters are to be dealt with by a 'regulation' passed by the academic council, the council has residuary power under section 24 (2) of the act as per which a 'resolution' can be passed to prescribe these matters. according to the learned counsel for the petitioner, the above decision requires ..... r-1.15. learned counsel for the petitioner contended that ext. r-1 is only a 'resolution' passed by the academic council, that it is not a 'regulation' made by the academic council as contemplated by the act and the statutes, that the matters covered by ext. r-1 can be prescribed and dealt with only by a 'regulation' .....
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Reported in : AIR1985Ker160
..... under clauses (d) and (e) of sub-section (1) of section 4 are, to be effected by the hindus among the council of ministers. a similar provision in the travancore-cochin hindu religious institutions act (t.c. act 15/1950) was held valid by a full bench of the travancore-cochin high court in nambooripad v. c. d. board air 1956 ..... the hindu religion and belief in temple worship. it is also pointed out that the term of office of a committee constituted under the act may expire at a time when there is no council of ministers functioning in the state as it is not uncommon and there were occasions when the state was under president's rule. the ..... are urged as grounds to invalidate the section. it is also pointed out that there are no guidelines in the act for effecting nominations to the administrative committee and the arbitrary power vested in the hindu members of the council of ministers is opposed to article 14 ofthe constitution. strong reliance is placed in the decision in ajay hasia v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker369
..... college campus could be controlled in future.7. ext. p5 is the final report submitted by the enquiry commission. report was placed before the college council. college council consisting of 17 teachers including the principal came to a unanimous decision to expel additional respondents 3 to 5 from the college. however, it was decided ..... is no illegality of infirmity in the decision taken by the enquiry commission which was upheld by the college council. 1 have found that vice-chancellor and the syndicate have no jurisdiction under the kerala university act, the kerala university first statutes, or the ordinances to sit in judgment over the decision taken by ..... the college council or the principal in the matter of students' discipline which on the basis of various judicial pronouncements is .....
Tag this Judgment!Court : Kerala
Reported in : [1988]169ITR84(Ker)
..... sail : [1971]81itr230(ker) , which also turned on the application of the income for the purpose of assessment under the kerala agricultural income-tax act, 1950. nor does the observation of the privy council in all india spinners' association v. cit [1944] 12 itr 482, advances the case of the assessee. that case arose under the indian income- ..... tax act, 1922, and the clear finding of the privy council on the construction of the constituent and dominant terms was that the primary object of the trust was the relief of the poor and the ..... section (section 5(1)(i)) requires. i am fortified in this view by a decision of the privy council in all india spinners' association v. cit [1944] 12 itr 482 where, construing a similar provision in the indian income-tax act, 1922, the wording of which read 'section 4(3)(i) --income derived from property held under trust .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker146
..... development of the law, it can be seen that the pristine marumakkathayam law was interfered with by the various enactments and later by the four central acts in 1956. the only matter which was untouched by the central acts was the law relating to tarwad and its management. on that subject also a legislation was made by the kerala legislature, namely the kerala joint ..... in clarke v. brad laugh (1881) 8 qbd 63, secretary of state for india in council v. hindustan co-operative society ltd., air 1931 pc 149 and other cases. their lordships pointed out that in the case of incorporation of a particular provision in a latter act with reference to an earlier act, the incorporated provision becomes an independent provision of the latter .....
Tag this Judgment!Court : Kerala
Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)
..... is injected by pointing out that originally as enacted by the finance act, 1998, the levy fell on all 'practising chartered accountants' as defined under the act. a memorandum'was submitted to the union finance minister or behalf of: central council of indian chartered accountants' institute on 9th september, 1998 (vide ext ..... . the appellant in that case held the office as the last governor general of india and was entitled to certain pension under a central act. the appellant resided in the city of madras and was drawing this pension. the corporation of madras demanded professional tax from him. the ..... . p1) requesting for withdrawing the levy of service tax. pursuant thereto, or otherwise, there was rethinking in the finance ministry and notification no. 59/98- service tax, dated 16th october, 1998 was issued by the central .....
Tag this Judgment!Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... some companies are writing back depreciation in respect of extra or multiple shift allowance provided in the past years under section 205(2)(b) of the companies act. the council noted that this practice is not in accordance with the recommendations made in the note on 'provision for depreciation' issued by the research committee of the i ..... year or years arrived at after providing for depreciation in accordance with those provisions and remaining undistributed or out of both or out of moneys provided by the central government or a state government for the payment of dividend in pursuance of a guarantee given by that government : provided that- (a) if the company has ..... to the insertion of this provision, section 80wa provided for payment of tax on at least thirty per cent. of the income. studies carried out by the central board of direct taxes revealed that while the provisions of section 80wa had the effect of subjecting companies to minimum tax which they would have otherwise not paid, .....
Tag this Judgment!Court : Kerala
Reported in : II(1995)DMC27
..... petition. it has been stated that the bill has the support of the catholic bishops' conference of india (cbci)and 27 member churches of the national council of churches in india (ncci) and some other independent churches.since the christian churches have now come forward with the necessary legislative proposal, the government are ..... . thomas orthodox church, chenganacherry, kottayam, etc. have got themselves impleaded in the o.p. over and above the persons so got impleaded as additional respondents, peoples council for social justice, layam road, kochi has also got impleaded as an intervenor. fr. k.v. poulose and shri m. prabha, advocate representing the pcsj were in ..... the ground that they have opted to be governed by the provisions of the act voluntarily or that they could have either married or registered their marriage under the special marriage act. as regards the decisions relied upon by the learned central government pleader, we find that the supreme court had no occasion to consider .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ832
..... shall in accordance with the declaration and observations made hereinabove send an intention to the government of india under section 11(2) of the indian medical council act fixing a date for the conduct of the practical examination for the final year students of these two institutions (which has been deferred by interim orders ..... to which these two institutions are affiliated are eligible to be recognised and consequently included in the schedule to the medical council act in terms of section 11(2) of the indian medical council act, 1956. since the issue of continuation of affiliation for 2007-08 and 2008-09 is to be finalised, these writ ..... sri. alexander thomas learned counsel for the medical council of india and the assistant solicitor general for the central government.10. reference will have to be made to certain salient features of the calicut university act. section 23 of the calicut university act (hereinafter referred to as the act) deals with the powers of the syndicate. section .....
Tag this Judgment!Court : Kerala
Reported in : (2005)198CTR(Ker)551; [2006]280ITR44(Ker); 2005(4)KLT22
..... of the new chapter xii-a will continue to apply in relation to the investment income derived from debentures of and deposits with an indian public limited company and central government securities, acquired in convertible foreign exchange, until the transfer or con version (otherwise than by transfer) into money of such asset.'a perusal of the section ..... 7 in annexure 'i' for any assessment year if, in respect of the relevant assessment year, the conditions set out in section 10(4)(ii) of the income-tax act, 1961, are fulfilled. however, even if the exemption is not available under section 10(4) (ii), the applicant will be liable to tax on the gross interest income ..... income by way of interest on moneys standing to his credit in a non-resident (external) account in any bank in india in accordance with the foreign exchange regulation act, 1973 (46 of 1973), and the rules made thereunder:provided that such individual is a person resident outside india as defined in clause (q) of section 2 of .....
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