Court : Kerala
Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)
..... commissioner of income-tax (appeals) dismissed the appeal in view of the retrospective amendment with effect from april 1,1989, of section 143(1a) by the finance act, 1993. against that order, the assessee preferred an appeal before the tribunal. according to the tribunal, there was no scope for levy of additional tax on the amount of ..... loss, treating the amount disallowed as income of the assessee, was given retrospective effect from april 1, 1989, by the finance act, 1993, which received the assent of the president of india, only on may 13, 1993. the amended provision would, no doubt, give rise to a mistake deemed to have occurred in the original intimation and continued ..... right in law in holding,- (i) there is no valid intimation existing in terms of section 143(1)(a) of the income-tax act (ii) the order under section 154 dated march 10, 1993, purporting to rectify certain mistakes in the non-existing intimation dated october 24, 1991, with a view to levy additional tax under section .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ4221; 2008(2)KLJ417; 2008(3)KLT346
..... and its members will come within the proceedings of court of justice or of the result of any such proceedings. chapter iii of the protection of human rights act 1993 deals with functions and powers of the commission. section 12 further deals with functions of the commission. the relevant provisions of section 12 extracted herein:12. functions ..... languishing in mental sanatoriums as they are abandoned/accused, in view of sections 19 and 20 of the ipc and section 13 of the protection of human rights act, 1993, the alleged defamatory text and annexure a will come under the protective umbrella of exceptions 4, 8 and 9 of section 499 of i.p.c. the ..... clear from paragraph 7 of the complaint wherein it is stated that 'the accused with the common intention of creating a sensation and thereby profiting their business has acted thus', (emphasis supplied). so according to the complainant, the intention behind annexure a article was to create sensation and thereby profiting their business. in the absence .....
Tag this Judgment!Court : Kerala
Reported in : III(2003)BC535; 2003(3)KLT184
..... the 1st respondent-debts recovery appellate tribunal, chennai on various grounds including the ground that section 21 of the recovery of debts due to banks & financial institutions act, 1993 (central act 51 of 1993) (for short 'the statute') is ultra vires articles 14, 19 and 21 of the constitution of india. 2. the 2nd respondent-debts recovery tribunal passed ..... by the debtor in substantiation of his contentions, the grounds of appeal are to mention only a few. right of appeal given under section 20 of act 51 of 1993 is only a statutory right which is circumscribed by section 21. exercise of discretion given to the appellate tribunal under the proviso to section 21 for ..... to give reasons, it follows that the reasons expected to be given are good and reasonable ones. it is pertinent to note that section 22 of act 51 of 1993 specifically provides that the tribunal and the appellate tribunal constituted under the statute shall be guided by the principles of natural justice. 11. the challenge to .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker164; IV(2004)BC489; [2004]118CompCas650(Ker)
..... 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 ..... to dispose of the case or matterand arrive at a compromise or settlementbetween the parties. (4) every lok adalat shall, whiledetermining any reference before itunder this act, act with utmostexpedition to arrive at a compromise orsettlement between the parties and shallbe guided by the principles of justice,equity, fair play and other legalprinciples. (5) ..... objectionregarding the maintainability of the original petition.it is contended that in view of the provisions containedin section 21(2) of the legal services authorities act,1987 (act for short) the o.p. is not maintainable.section 21(2) provides that no appeal shall lie to anycourt against the award. so that .....
Tag this Judgment!Court : Kerala
Reported in : IV(2004)BC559; [2004]121CompCas329(Ker); 2004(1)KLT392
..... the civil court was entitled to entertain and try the suit for the recovery of rs. 8,61,530/- with interest as filed by the bank.(ii) the 1993 act is a special statute. it overrides the provisions of the general law. thus, after the establishment of the tribunal for the state of kerala on november 4, 1996 ..... was compelled to institute one suit as contemplated under section 67a of the transfer of property act. the debts recovery tribunal was constituted under the provisions of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'the act') from the appointed day, i.e. 4.11.1996. since the amount exceeds rs. ..... two cause of action and two transactions, separate applications will have to be filed. in this connection rule 10 of the debts recovery tribunal (procedure) rules, 1993 is extracted hereunder:-'10. plural remedies: an applicant shall not seek relief or reliefs based on more than a single cause of action in one single application unless .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker303
..... is ultra vires of the rule making power of the bar council of india has no foundation to stand. under section 15 of the advocates act the bar councilof india is empowered to make rules to carry out the purpose of the advocates act. section 7 deals with the functions of the bar council of india which include inter alia ..... really afford law college which are ill-equipped, ill-motivated and ill-functioning? it is the legal responsibility of the bar council of india under the advocates act and rules to constantly keep a watch on the institutions imparting legal education. that is why rule 17 declares that the approval of affiliation to an institution imparting ..... learned senior counsel that requirement of separate, recognition by the bar council of india for a college other than the provisions contained in section 24 of the advocates act is illegal. if once the college is affiliated to the university in accordance with the norms prescribed by the university, the bar council of india cannot have a .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT210
..... offence under the tada. it further contains that such a confession is admissible only as per the provision of that section. an amendment, brought out in 1993, incorporating a proviso to section 15, further stipulated that such an opportunity would be available for the prosecution only when the co-accused, abettor or ..... stated above. the same is under challenge through this appeal.8. for clarity of discussion, i shall reproduce below section 30 of the indian evidence act.'30. consideration of proved confession affecting person making it and other jointly under trial for some offence.-- when more persons than one are being tried jointly ..... ernakulam. while they were under judicial detention, they were taken into custody, for serving the term under the conversion of foreign exchange and prevention of smuggling activities act in short 'cofeposa'. they were shifted to central jail, thiruvananthapuram. after serving the period under the cofeposa they were released. thereafter, accused nos. 1, .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLJ981
..... or abolish existing laws, regulations, customs and practices which constitute discrimination against women. it is also noticed that the parliament made the protection of human rights act, 1993, in terms of section 2(b) of which, 'human rights' means 'the rights relating to life, liberty, equality and dignity of the individual guaranteed ..... iii of the constitution as also the basic concept of human rights as evolved and accepted by the civilised world. therefore, there is no constitutional foundation for the impugned provision. not only that, it is clear encroachment into the right to life and the seminal doctrine of equality enshrined in the ..... 15 and 14 to accord social and economic democracy to women as assured in the preamble to the constitution, which constitutional provisions form the core foundation for economic empowerment and social justice to women for economic stability and political democracy. it is contended that those constitutional provisions frown upon gender discrimination .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
..... only for 8000 tons.93. in the affidavit filed on 26th november, 1993, the first respondent has produced the copy of the draft circular by the bureau of indian standards relating to design and construction of oil storage tank foundations. copy of the draft circular is ext. r1 a(k). it is ..... the criminal procedure code. when we mention the statutes in this segment, we have to mention the travancore-cochin public health act, 1955, panchayat act, 1960, municipalities act, and the corporations'act, and the rules under these acts. they provided for certain measures intended for abating nuisance and for protection of public health and safety.164. articles ..... including forests, lakes, rivers and wild life, and to have compassion for living creatures. inl974, parliament passed water (prevention and control of pollution) act, 1974. this act provides for the prevention and control of water pollution, maintaining or restoring of wholesomeness of water. the establishments with a view to carrying out the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... aware of the fact that we should be extremely circumspect in the matter and unless the lapses or mismanagement and other acts highlighted, either in the petition or by the commissioner, have foundation and are bona fide and that 'public interest' demands action, we should restrain ourselves while passing orders or giving ..... committee will obtain explanation from the assistant engineer and other concerned persons and will take appropriate action. the government, in their statement dated 2-12-1993 have only stated that regarding the encorachment of devaswom properties, the suggestions may be accepted and the lands trespassed upon should be got vacated. regarding ..... that an enquiry should be made in respect of the allegations against the adminsitrator. the first respondent -- govt. of kerala --in its statement dated 2-12-1993, has explained its stand thus : 'allegation re-) this irregularity willgarding panchajan )be dealt with by theyam restaurant)devaswom commis- )sioner when the audit )report .....
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