Court : Kerala
Reported in : AIR2007Ker57; 2006(4)KLT405
..... court was not dealing with any statute which might have specifically or by necessary intendment taken away a right of appeal which was available at the time of institution of the suit. as mentioned above, it was only a case where the forum of filing appeal had changed from federal court to supreme court as also ..... intendment by any subsequent enactment. 6. section 100-a of cpc, was introduced in the code of civil procedure by section 38 of the code of civil procedure (amendment) act, 1976 which came into force with effect from 1.2.1977. the same reads as follows:100-a. no further appeal in certain cases.-- notwithstanding anything contained ..... the federal court (enlargement of jurisdiction) act, 1947 would have all the appellate powers exercised by the privy council. though the act of 1947 aforesaid, being an act amending or supplementing the government of india act, 1935 was repealed, yet notwithstanding such repeal, the provisions of the act continued in force under article 372(1) of the .....
Tag this Judgment!Court : Kerala
Reported in : [2004]135STC224(Ker)
..... loan amount ;explanation i.--bank for the purposes of this clause includes a nationalised bank or a scheduled bank or a co-operative bank ;explanation ii.--financing institution means a financing institution other than a bank ; (xii) 'goods' means all kinds of movable property (other than newspapers, actionable claims, electricity, stocks and shares and ..... as alleged by the petitioners. i feel the slab rates of fees with the upper-limit are reasonable under the present conditions. therefore section 14 as amended is upheld and the original petitions on this issue are dismissed.10. the petitioners have pointed out that in respect of those dealers paying tax at ..... is the distinction between medical practitioners on the one side and the hospitals and dispensaries on the other side. notification sro no. 1090 of 1999 as amended by sro no. 802 of 2001 provides exemption to medical practitioners which is as follows :sl. no. name of dealerturnover which is exemptedconditions and restrictions13 .....
Tag this Judgment!Court : Kerala
Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)
..... 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. p1) requesting for withdrawing the levy of service tax. pursuant thereto, or otherwise, there was rethinking in the finance ministry and ..... contentions urged at the bar, it would be necessary to look at some of the provisions of the finance act. chapter v of the finance act, 1994, as amended by the finance act of 1998, deals with the subject of 'service tax'. section 65(31) defines the expression 'practising chartered accountant' as under:'practising chartered accountant ..... societies act, which impugns the service tax levied on its members by reason of sections 64 to 96 of the finance act, 1994, (32 of 1994), as amended by finance act, 1998 (2 of 1998).background of the levy : as an off-shot of the recommendations of the dr. raja chelliah committee in 1990, for .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ224
..... committee: (1) the government shall constitute an admission supervisory committee to supervise the guide the process of admission of students to unaided professional colleges or institutions consisting of the following members, namely:(i) a retired judge of the supreme courtor a high court chairperson(ii) the secretary to government, higher membereducation ..... writ in the nature of prohibition' in the first prayer in the writ petition has been raised. in view of deletion of those words by amendment, that objection looses relevance). they firstly challenge the very locus standi of the petitioner to challenge the selection process. according to the notification inviting applications ..... scc 537.2. the petitioner contends that the medical council of india has, as early as on 25-2-2004, framed the graduate medical education (amendment) regulations, 2004 laying down the time schedule for completion of admission process for first mbbs course in appendix e thereof. this time schedule has been .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker25
..... intrinsic unity and are to be regarded as one legal proceeding. (ii) the right of appeal is not a mere matter of procedure but is a substantive right. (iii) the institution of the suit carries with it the implication that all rights of appeal then in force are preserved to the parties thereto till the rest of the career of the ..... taken away only by a subsequent enactment, if it so provides expressly or by necessary implication and not otherwise.' 3. the question therefore is whether there is anything in the amendment act which takes away the vested rights of the plaintiff to take the matter in second appeal; as on the date of the filing of the suit, he had that ..... right. section 16(2)(a) of the code of civil procedure (amendment) act, 2002, reads as follows:'the provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker164; IV(2004)BC489; [2004]118CompCas650(Ker)
..... . 10,42057.00.it is also averred that order is passed by thetribunal in exercise of the powers conferred undersection 31a of the recovery of debts due to banks andfinancial institutions act, 1993. it is also contendedthat the final order passed by the debts recoverytribunal cannot be challenged before the high court underarticles 225 or 227 of the constitution of india ..... (3) of section 22 provides that allproceedings before the lok adalat shall be deemed to bejudicial proceedings, sub-section 22 was amended andwords 'permanent lok adalat' are incorporated in section22. sections 22a to section 22e were inserted. theeffect of those amendments does not arise forconsideration in this original petition.9. section 28 of the act deals with thepower of the state government .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT282
..... stones on its southern boundary. according to the plaintiffs, a portion of this retaining wall was destroyed by the defendants and o.s. 715/97 was instituted by the plaintiffs against the defendants seeking mandatory and prohibitory injunction. the case of the plaintiffs is that the commissioner appointed in that suit has reported about ..... reason thatthe defendants are having a title superior to that to the plaintiffs. but judicial authorityis very strongly in favour of the, position that in suits instituted under section 6 of the specificrelief act, question of title is wholly relevant since such suits are tried summarily andthe relief which the courts are competent to ..... v. k.c. alexander,air 1968 sc 1165, their lordships of the supreme court refused to accept anargument that there cannot be a distinction between suits instituted under section 9 of thespecific relief act and a regular suit for possession based on previous possession asenvisaged by article 64 of the limitation act since both .....
Tag this Judgment!Court : Kerala
Reported in : [2004]138STC112(Ker)
..... star hotels issued by the department of tourism and there are restrictions imposed regarding the distance to be maintained by star hotels from educational institutions, temples, churches etc. it is by virtue of this licence that the licensee is enabled to serve or supply foreign liquor in ..... is licenced under the foreign liquor rules to serve beer and wine under serial no. 60. as this explanation was added by an amendment by act 23 of 1999 which was not expressly given any retrospective effect, we have to consider as to how the word 'bar ..... by act 23 of 1999 with effect from april 1, 1999 and the present entry corresponding to serial no. 40 is entry 46 after the amendment, which reads as follows :-----------------------------------------------------------------------sl. description of goods point of levy rate of no taxper cent -----------------------------------------------------------------------1 2 3 4-----------------------------------------------------------------------46. cooked food .....
Tag this Judgment!Court : Kerala
Reported in : (2002)174CTR(Ker)464; 2003(156)ELT17(Ker); [2003]264ITR633(Ker); 2006[2]STR554; [2007]8STT353
..... bewildering conflict of the experts, and the number of times the judges have been overruled by events-self-limitation can be seen to be the path to judicial wisdom and institutional prestige and stability'.13(c). in o.k. krishnan v. state of tamil nadu, (1974) 4 scc 656, mathew, j. approvingly referred to the following observations of ..... bench pointed out that the principle laid down in rainbow colour lab (supra) runs counter to the express provision contained in article 366(29-a), since after the 46th amendment to the constitution, the state would now be empowered to levy sales tax even on the material used in a works contract. it is also pointed out in associated ..... n. srikrishna, c.j.1. both these writ petitions under article 226 of the constitution of india challenge the imposition of service tax under finance act of 1994, as amended by the finance act of 2001, on the taxable service provided by a photography studio or agency, in relation to photography, in any manner.2. service tax was .....
Tag this Judgment!Court : Kerala
Reported in : AIR2010Ker68,2009(4)KLT853
..... becomes our bounden duty to see that no person ineligible or unqualified is appointed to a high constitutional and august office of a judge of a high court. 4. for instituting a writ of quo warranto, it is not necessary that any fundamental or other legal right of the applicant is infringed. any person is free to challenge the validity of ..... the person who has resigned. (4) notwithstanding anything contained in sub-section (3), a person appointed as the president or as a member, before the commencement of the consumer protection (amendment) act, 2002, shall continue to hold such office as president or member, as the case may be, till the completion of his term.rule 17 provides for the procedure to .....
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