Court : Kerala
Decided on : May-26-2014
..... is supported by articles 14 and 16 of the constitution of india. the rule confers a power coupled with duty. the said rule is brought into effect by an amendment in the light of the recommendations of justice narendran commission. a purposive interpretation will have to be adopted so as to have smooth implementation of the provisions of the rule ..... a violation of substantive legal right of the applicant. as far as the above judgment (tukaram kana joshi's case (supra)) is concerned, it arose under land acquisition act. the facts show that the apex court entertained the special leave petitions after finding that the functionaries of the state took over possession of the land w.a.no.1663 ..... applied by the house of lords and the supreme court as a test of proportionality in a number of cases under the human w.a.no.1663/2013 35 rights act. it was however observed in huang v. secretary of state for the home department ( 2007) ukhl11 (2007) 2 ac167 para 19 that the formulation was derived from the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-17-2014
..... of the 3rd respondent appellate authority. these orders are impugned in the writ petition that was filed in 2008 challenging, inter alia, the amendments to the kerala general sales tax act and abkari act that are brought in 2003/2004. w.p.(c).no.31659 of 2008 3 2. it is seen that by a judgment dated 22 ..... 2010 in w.a.no.1225 of 2007 and connected cases a division bench of this court has rejected the challenge to the amendments in the kerala general sales tax act and the abkari act except to the extent of holding the retrospectivity given to those provisions for the period prior to 05.01.1999 as illegal. it ..... .(c).no.31659 of 2008 ............................................................. dated this the 17th day of december, 2014 judgment the petitioner is a registered dealer engaged in compounding, blending and bottling of indian made foreign liquor (imfl). the issue arising in the instant case pertains to the liability of the petitioner to pay turnover tax on that portion of its turnover .....
Tag this Judgment!Court : Kerala
Decided on : Nov-04-2014
..... past history of the sabha, it is not possible to achieve even that attendance. therefore, the court cannot insist to do an impossible act; it was argued. it was pointed out that the amendment of the constitution is a dream as far as the sabha is concerned in the present set up. according to the learned counsel for ..... to the difficulty in amending the constitution in the light of the existing clause. as rightly pointed out by the trial court, had the interpretation now projected by the respondents were in their ..... constitution is there, the development of the sabha cannot take place. therefore, it was felt that it is necessary to simplify the provisions in a constitution pertaining to amendment. it was for that purpose, the meeting was called. as this document is admitted by the respondents/defendants, the same would indicate that they were also aware as .....
Tag this Judgment!Court : Kerala
Decided on : Dec-09-2014
..... it by ext.p1 order, for the assessment years from 2005-2006 to 2007-2008. by that time, however, the provisions of section 10 (23-c) (via) had been amended by finance act, 2006 by adding proviso 14 therein which read as follows: w.p.(c).no.11421 of 2008 2 "provided also that in case the fund or trust or institution ..... the law prevailing as on 1st of april of the relevant assessment year. in the instant case, when it came to the assessment years 2005-2006 and 2006-2007, an amendment that was introduced through the finance act with effect from 01.06.2006 would have no application to the assessment of the petitioner for the said assessment years. the ..... amendment would govern only the exemption that was to be granted with effect from the assessment year 2007-2008 onwards. viewed from that angle also, therefore, the findings of the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-24-2014
..... wall and dug a well in it. a sub centre of the health department functioned in the building for 30 years. in 1994 under section 210 of the kerala municipalities act administration, control and management of the property vested in the second defendant-municipality. it is a trustee of the government. just before and after the institution of the suit, the ..... the reliefs he may claim. if the suit is proceeded with, he is at liberty to implead the state of kerala and others and to file amendment application claiming appropriate reliefs. if he fails to issue notice or to file impleading application and amendment application, the suit will stand dismissed. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/
Tag this Judgment!Court : Kerala
Decided on : Nov-28-2014
..... be countenanced.11. it was strenuously argued by the learned senior counsel for the review petitioners that the provisions relating to the quorum of the meeting for amending the bye-law of the sabha are clear and, therefore, an interpretation as given by this court in the judgment is unwarranted. it was also argued ..... their case. therefore, they were given the decree as prayed for. if there is any stale mate in the management of the sabha, section 25 of act 12 of 1955 can be invoked by any members interested in doing so. on a consideration of the rival submission, this court is of the view that ..... 2638 c tower lane road, chilavannor, kochi-682020.3. dhakshina bharatha hindi prachar sabha (kerala), reg.no.ar33088 (society registered under travancore cochin literary scientific and charitable societies act,1955) rep.by its president, m.s.muraleedharan, hindi prachar sabha building, chittoor road, ernakulam-682016.4. the secretary, dakshina bharatha hindi prachar sabha (kerala), hindi prachar .....
Tag this Judgment!Court : Kerala
Decided on : Feb-25-2014
..... the labour court had allowed the same.8. in the teeth of the said facts, the discussion with respect to whether an amendment could be made under the industrial disputes act, 1947 (for brevity "id act"), may not really arise in the case. the specific case of the petitioner-workman was, that, since the matter was pending ..... to initiate an adjudication on his termination, effected subsequently, as a dispute on which the original reference was made. it was to this end that an application for amendment was made, which attempt was foiled by the government; rightly in exhibit p11. for the reasons aforesaid, the writ petition is dismissed. this court, in normal circumstances ..... with the permission of the labour court. as is noticed in exhibit p11, it is concealing this fact that the petitioner-workman has filed an application for amendment, by which the petitioner attempted to style the earlier reference as a reference on the question of denial of employment as such, thus attempting to prosecute his .....
Tag this Judgment!Court : Kerala
Decided on : Mar-04-2014
..... agency and employ his w.p.(c).no.6035 of 2014 6 brother as his agent under section 182 or as a power of attorney under section 188, of the indian contract act, 1872. but then, as already noticed under rule 5(4) of the kerala abkari shops disposal rules, 2002 framed in exercise of the powers conferred by section ..... it is evident from the said provisions that the conditions are imposed to ensure that it is an applicant who enters the place/room where sale is conducted. the aforesaid amendments and cumulative reading of rules 5(3) and 5(4) of the rules makes it clear that the applicant alone can purchase the privilege and the applicant who enters ..... cannot seek for the entry of his brother into the hall for purchasing the privilege for the petitioner. the amendment would undoubtedly reveal the entry to the hall is confined only to the intending purchasers/applicants and an applicant cannot act as an agent and purchase the privilege for another. one may think as to why the petitioner cannot be .....
Tag this Judgment!Court : Kerala
Decided on : Dec-16-2014
..... , from the point of first sale to the point of first purchase, it would violate the express provision of section 15 of the central sales tax act, 1956 as it stood prior to its amendment with effect from 11.05.2002. the effect of the said decision of the supreme court, to purchases of paddy effected by dealers in rice from ..... as regards the assessment year 2002-2003, the liability to purchase tax on the procurement of paddy would depend upon the provisions of section 15 as it stood after its amendment with effect from w.p.(c).no.23841 of 2009 4 11.05.2002, and the decision of the supreme court in peekay re- rolling mill's case would have ..... sold. in the assessments that were completed against the petitioner for the said years, the assessing authority levied purchase tax, under section 5a of the kerala general sales tax act, on the purchase of paddy from unregistered dealers. thereafter, the sales turnover of rice sold by the petitioner was also subjected to the levy of sales tax under section .....
Tag this Judgment!Court : Kerala
Decided on : Dec-16-2014
..... , from the point of first sale to the point of first purchase, it would violate the express provision of section 15 of the central sales tax act, 1956 as it stood prior to its amendment with effect from 11.05.2002. the effect of the said decision of the supreme court, to purchases of paddy effected by dealers in rice from ..... as regards the assessment year 2002-2003, the liability to purchase tax on the procurement of paddy would depend upon the provisions of section 15 as it stood after its amendment with effect from w.p.(c).no.23841 of 2009 4 11.05.2002, and the decision of the supreme court in peekay re- rolling mill's case would have ..... sold. in the assessments that were completed against the petitioner for the said years, the assessing authority levied purchase tax, under section 5a of the kerala general sales tax act, on the purchase of paddy from unregistered dealers. thereafter, the sales turnover of rice sold by the petitioner was also subjected to the levy of sales tax under section .....
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