Court : Kerala
Decided on : Dec-17-2014
..... marks is a permissible classification.16. the apex court in ashoka kumar thakur v. union of india ([2008] 6 scc1 had occasion to consider the constitution (93rd amendment) act. in the above context, one of the judges, justice bandari, j., giving his concurring opinion has noted the difference in the cut off marks between the ..... solid facts supply the sinews of discriminatory inequality or equality. going by vague reports, some backward universities and colleges have degenerated into degree dealers bringing rapid discredit to indian academic status". there cannot be any dispute to the proposition laid w.a. nos.1435 & 1512 of 2014 -:43. :- down by the apex court in ..... receiving medical education from these areas should be provided some facility for doing so. as regards the sons and daughters of central government servants postel in indian missions abroad it is equally well known that due to exigencies of their service these persons are faced with lot of difficulties in the matter of education .....
Tag this Judgment!Court : Kerala
Decided on : Dec-20-2014
..... the policy of the government and the fiscal changes/measures proposed to be brought about as reflected from the budget speech, provisions were incorporated in the concerned finance act, amending the statutory provisions to the required extent, at different points of time. the petitioners/government contractors were treated as a class of their own and were given ..... for the purchase value of goods so deducted shall pay tax at the scheduled rate applicable to such goods." the provision has undergone substantial change now, as amended by the kerala finance act, 2014. the position with regard to section 8(a)(i) and (ii) as on date is as follows: "s.8 (a)(i) any works ..... contractors' was felt extremely necessary and it was accordingly, that necessary proposal was made in the budget speech 2014-15 as extracted already and the provision was amended as per the kerala finance act, 2014; by virtue of which, tax payable by the 'private contractors' even under section 8(a)(i) was increased to '6%', w.p.(c .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-2014
..... of the order of remand made by the high court. prior to the insertion of rule 23-a in order 41 of the code of civil procedure by the cpc amendment act, 1976, there were only two provisions cont4emplating remand by a court of appeal in order 41 cpc. rule 23 applies when the trial court disposes of the entire suit ..... findings and reasons therefor of the trial court, are required to be returned to the appellate court. however, still it was a settled position of law before the 1976 amendment that the court, in an appropriate case could exercise its inherent jurisdiction under section 151 cpc to order a remand if such a remand was considered pre-eminently necessary ex ..... considered necessary. on twin conditions being satisfied, the appellate court can exercise the same power of remand under rule 23-a as it is under rule 23. after the amendment, all the cases of wholesale remand are covered by rules 23 and 23-a. in view of the express provisions of these rules, the high court cannot have recourse .....
Tag this Judgment!Court : Kerala
Decided on : Jan-24-2014
..... of the order of remand made by the high court. prior to the insertion of rule 23-a in order 41 of the code of civil procedure by the cpc amendment act, 1976, there were only two provisions cont4emplating remand by a court of appeal in order 41 cpc. rule 23 applies when the trial court disposes of the entire suit ..... findings and reasons therefor of the trial court, are required to be returned to the appellate court. however, still it was a settled position of law before the 1976 amendment that the court, in an appropriate case could exercise its inherent jurisdiction under section 151 cpc to order a remand if such a remand was considered pre-eminently necessary ex ..... considered necessary. on twin conditions being satisfied, the appellate court can exercise the same power of remand under rule 23-a as it is under rule 23. after the amendment, all the cases of wholesale remand are covered by rules 23 and 23-a. in view of the express provisions of these rules, the high court cannot have recourse .....
Tag this Judgment!Court : Kerala
Decided on : Mar-07-2014
..... operation and the rule may well result in virtual nullification of most of the statutes. an amending act is, therefore, not retrospective merely because it applies also to those to whom pre-amended act was applicable if the amended act has operation from the date of its amendment and not from an anterior date." 17. there is, therefore no question of sub-section ..... kassim's case (supra) is concerned, in paragraph 4 of the judgment, it has been held thus:4. by the amending act 23 of 1999, s.26b was introduced making the tax payable under the act to be first charge on the property of the dealer or of any other person, who would be liable to pay tax, ..... ." the contention of retrospectivity was considered and the division bench held thus: section 179 is a new provision introduced in the act in the sense that there was no corresponding provision in the indian i.t. act, 1922. it imposes a vicarious liability upon the directors in respect of the tax arrears of the companies, although the companies .....
Tag this Judgment!Court : Kerala
Decided on : Oct-14-2014
..... of such public notice, being hereinafter referred to as the date of the publication of the notification)." 13. by kerala state amendment act 25 of 1985, in sub-section (1) of section 4 of the land acquisition act, after the words "any locality", the words "in the state of kerala or within the jurisdiction of the collector, as ..... of the same land.10. it is necessary to look into the statutory scheme before we proceed to enter into the rival submissions. the land acquisition act, 1894 had been enacted to amend the law for acquisition of land for public purposes and for companies. the power of "eminent domain" exists in every sovereign state. "eminent domain" ..... under these circumstances, the high court was well justified in refusing to grant relief in both the writ petitions." 13. yet in another recent decision, this court in northern indian glass industries v. jaswant singh wa.1936/13 20 referring to the case of chandragauda ramgonda patil and other cases held that: (scc p. 340, para 12) "12 .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Nov-24-2014
..... power to impose fine more that rs.5000/- as the law stood at that time. it is only by virtue of amendment act of 55/2002 which came into effect on 6.2.2003. section 142 of the act was amended giving power to the magistrate to award more punishment provided under sections 142 and 143 more than what is provided under the ..... reported in radhakrishnan nair v. padmanabhan [2000(2) klt349, the learned single judge of this court has held that in the case of offence under section 138 of the act the appellate court has the power to modify the fine and convert the same into compensation to the tune of the cheque amount with default sentence, because, the court ..... been issued by the 1st respondent in discharge of the amounts due under 10 chitty transactions. the trial court found the 1st respondent guilty under section 138 of the act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of rs.5000/- in default to undergo simple imprisonment .....
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