Court : Kerala
Decided on : Dec-19-1961
Reported in : AIR1962Ker164
..... on the tarwad and not, as is expressly stated, as against others. this principle must, in my, opinion, equally apply to section 33 of the madras marumakkathayam act as amended, as also to similar provisions in the analogous statutes adverted to above.'34. raghavan j. in omanakulty pillai v. krishnan nair, 1961 ker lt 626 considering the ..... agreements may be classed together as invalid.'9. the relation between hie terms void' and 'viodable' is succinctly expressed by pollock and mulla in their commentary on indian contract act, 8th edn., pages 383 and 135 thus:'whenever one party to a contract hag the option of annulling it, the contrast is voidable; and when he makes ..... suit by him to have the instrument set aside or cancelled would then be time-barred under either article 44 or article 91 of the indian limitation act ....... section 3 of the indian limitation act refers only to the remedy of the plaintiff and not to his rights, and even though the remedy may be barred, the right may .....
Tag this Judgment!Court : Kerala
Decided on : Dec-15-1961
Reported in : AIR1965Ker214
..... was to take marine insurance policies out of section 135 and provide for them in the new section 135a.6. the bill that became the transfer of property (amendment) act, 1944 was l. a. bill no. 9 of 1944. the statement of objects and reasons appended to that bill, gazette of india, part v dated the 19thfebruary 1944 dealt with ..... yarn (p) ltd. v. indian national steamship co. ltd., air 1964 cal 362, also a case under sub-section (3) of section 135a. in between these two decisions, mukherjee j. took a contrary view in ..... law would not give theinsurer a right to sue in a court of law in his ownname.'15. to the same effect is the decision of mitter j. in indian trade and general insurance co. ltd. v. union of india, air 1957 cal 190, a case under sub-section (3) of section 135a; and of mitra j. in textiles and .....
Tag this Judgment!Court : Kerala
Decided on : Dec-07-1961
Reported in : AIR1962Ker220; (1962)IILLJ169Ker
..... save with the express permission in writing of the conciliation officer, board or tribunal as the case may be.' 20. section 33, as it now stands, was incorporated by the amendment act 36 of 1956 and is as follows :'33. conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings : -- (1) during the pendency of any ..... 3 decisions which have a bearing on this matter namely, a decision of the bombay high court in air 1960 bom 390; the decision of the gujarat high court in indian extractions private ltd. v. a. v. vyas, air 1961 gujarat 22; and of the rajasthan high court in 1959-2 lab lj 810.53. no doubt, the ..... t. officer, air 1961 sc 372, where their lordships had to consider the scope of section 34 of the indian income-tax act. no doubt, the expression 'unless' occurs in the proviso to section 34(1) of the income-tax act. having regard to the general scheme of that section, their lordships held that to confer jurisdiction under the said section .....
Tag this Judgment!Court : Kerala
Decided on : Nov-28-1961
Reported in : AIR1962Ker190
..... the original sub-sections (4) and (5) of section 23 became unnecessary and as such those two sub-sections were deleted by section 2 of the amendment act of 1961. therefore after the amendments so effected, there will be a right of appeal to a party against orders passed of her under section 22 or under section 23 of the ..... 22 referred to earlier.43. but it is to be noted that by a recent amendment of the act in september, 1961 namely. the representation of the people (amendment) act, 196.1 -- act 40/1961, section 24 his been newly incorporated by section 3 of the amendment act giving a right of appeal against orders passed under both seotions 22 and 23. clause ..... 184 that battle can be fought 'either beforehand in the registration court or after the election upon a scrutiny.'12. many decisions other than those mentioned above, english and indian, were cited before us. none of them is of any great assistance in deciding the question before us.13. one of them jujhar singh v. bhairon lall, 7 .....
Tag this Judgment!Court : Kerala
Decided on : Aug-25-1961
Reported in : [1961]12STC807(Ker)
..... question which arises in this case is whether section 18-a is applicable to the facts of this case. the assessment relates to the year ending 31st march, 1951. the amending act vi of 1951, introducing section 18-a was passed subsequent to 31st march, 1951. it is an established principle of construction that unless a provision in a statute is made ..... income-tax can question the validity of the assessment either in whole or in part. the provisions in the madras general sales tax act are analogous to these provisions in the indian income-tax act. two cases under the income-tax act may now be considered. raleigh investment co. ltd. v. governor-general in council [1947] 15 i.t.r. 332. in that case .....
Tag this Judgment!Court : Kerala
Decided on : Aug-16-1961
Reported in : AIR1962Ker298
..... for the petitioners and the learned advocate general on behalf of the state, i will advert to the salient features of the travancore tolls recovery act --act iv of 1088 as amended by act iii/1098, because an alternative contention has been raised by the state that the notification, which is under attack, can in any event, be ..... within their jurisdiction. (d) all vehicles and machinery belonging to the t. c. government excluding those of the state transport department. (e) all vehicles belonging to the indian or international red cross. (f) all vehicles, belonging to the defence department of the government of india. (g) all vehicles belonging to all foreign embassies of the ..... 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 .....
Tag this Judgment!Court : Kerala
Decided on : Aug-12-1961
Reported in : AIR1962Ker81
..... and it wasobserved that when a charge has been definitelyframed in which theft is alleged, the accused can. not be convicted of house trespass with some otherobject, without an amendment of the originalcharge unless the court is satisfied that he has notbeen prejudiced in his defence by the omission toamend the charge. 9. following all these decisions the orissa ..... is likely to cause insult or annoyance to the owner of the property does not amount to an intent to insult or annoy within the meaning of section 441, indian penal code; but where the trespasser knows that his trespass is practically certain in the natural course of events to cause insult or annoyance to the owner of the ..... c. j. said in r. v. dixon, (1814) 3 m. and section 611 at p. 15:'it is universal principle that when a man is charged with doing an act, ............ the intention is an inference of law resulting from doing theact'.16. a division bench of this court in kunju moideen methararu v. kandan, 1958 ker lt 1048 : (air .....
Tag this Judgment!Court : Kerala
Decided on : Jun-06-1961
Reported in : AIR1962Ker69; [1961]12STC722(Ker)
..... the course of inter-state trade or commerce, within the meaning of article 286(2) prior to it amendment by the constitution (sixth amendment) act, 1956, even if the buyer bought the goods solely for transporting them outside the state and did transport them. indian standard wagon co's case, 1958-9 stc 553 : (air 1960 cal 25) is urged to ..... be doubtful, in view of what been held by a division bench of the same high court in indian standard wagon ..... co. ltd, v. commercial tax officer, 1960-11 stc 47 : (air 1960 cal 424). we feel the correct legal position to be between the two arguments. it is clear that parliament had not enacted in the central sales tax act something different to what courts had earlier .....
Tag this Judgment!Court : Kerala
Decided on : May-30-1961
Reported in : (1961)IILLJ363Ker
..... before respondent 1, but those proceedings were however unrelated to the charges framed against the respondent and so the management filed an application under section 33(2) of the act as amended seeking its approval for the action it had taken, respondent 2 in his turn filed a petition under section 33a against the management for alleged contravention of the provisions ..... co. 1951--ii l.l.j. 314.9. the limitation on the power of the tribunal to interfere with the order of management has again been laid down in indian iron and steel co. ltd. v. their workmen 1958--i l.l.j. 260 where it has been held that the powers of the tribunal to interfere with oases ..... a case for dismissing the workmen in question and dismissed the petition.the material provisions of section 6e(2) of the uttar pradesh act are the same as section 33(2)(ft) of the act after its amendment made by act 36 of 1956. their lordships 'in setting aside the order of the tribunal discussed the difference in the- two oases falling .....
Tag this Judgment!Court : Kerala
Decided on : Apr-12-1961
Reported in : AIR1962Ker185
..... this was done by notification of february .15, 1.956. the aforesaid notification provided for the following amendments:'(1) in clause (a) of sub-rule (1) of rule 18 --(a) for the words 'travancore income tax act' wherever they occur the words and figures 'indian income tax act, 1922' shall be substituted;(b) for the word and feme 'section 8'' the word and figure ..... should be deemed to be the reference to the indian income tax act under the general clauses acthe has urged that the assessment on the petitioner is valid notwithstanding the decision in (s) air 1956 trav-co 174. the two questions, therefore, inviting adjudication in these writ petitions fire:(1) whether the subsequent notifications amending the proviso to rule 18(2) as well .....
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