Court : Kerala
Decided on : Dec-03-1969
Reported in : AIR1972Ker47
..... companies rates higher than those for widely held companies for assessment of tax have been fixed by the finance acts. in the finance act of 1964, for all companies other than the life insurance corporation of india, the rate of super-tax on the total income was fifty-five per cent. a rebate was given to widely ..... lord krishna bank ltd., and two of its directors, is to the validity of four assessment orders passed under the income-tax act, 1961 (43 of 1961), for short ' the act', and relating to the years 1964-65, 1966-67, 1968-69 and 1969-70. the orders in respect of the years 1964-65 and ..... sections of the act read :' 2. in this act, unless the context otherwise requires, -- ...... (18). . . --a company is said to be a company in which the public are substantially interested- (a) if it is a company owned by the government or the reserve bank of india or in which not less than forty per cent, of the shares are held (whether singly or taken together) by the government or the reserve bank of india or a corporation owned by that bank ; or (b) if it is not a private company as denned in the companies act, 1956 ..... the first petitioner the amount mentioned in that order as depreciation allowance is wrong, there are other errors also apparent from the record and application has already been filed to the appropriate authority for rectification of the mistake. that application shall be disposed of on the merits. it is made clear that this judgment would not stand in the way of the same.25. for .....
Tag this Judgment!Court : Kerala
Decided on : Aug-05-1969
Reported in : AIR1970Ker312
Madhavan Nair, J.1. This petition has been moved by a medical graduate against an Honorary Medical Officer, and is for the reliefs:'..... to issue a writ of quo warranto against the 1st respondent, and(i) Declare that the post that the first respondent now claims to occupy in the General Hospital at Ernakulam is vacant;(ii) Order the ouster of the first respondent from such office and restrain him from exercising any functions or duties relating to such office;(iii) .....(iv) all such other consequential or ancillary reliefs as may be deemed just and necessary in the circumstances of the case; and allow this writ petition with costs'. Belief No. (iii) has been withdrawn and the State of Kerala, who was originally impleaded as the 2nd respondent to this motion, has been removed from the party array by the petitioner as per C. M. P. No. 46 of 1969, which was allowed by the Court on January 8, 1969. However, we have heard the learned Advocate-General as amicus curiae in the matter.2. The ...
Tag this Judgment!Court : Kerala
Decided on : Sep-19-1969
Reported in : AIR1970Ker196
..... conclusion is that sub-sections (2) and (4) of sections 48 and 49 of the act, sub-sections (1), (2), (3) and (9) of section 53, sub-sees. (2) and (4) of section 56, section 58 (except to the extent excepted in paragraph 43) are bad for offending article ..... belonged to a company.53. it has also been argued that, in view of the university grants commission act of 1956, made under entry 66 of the union list, the state legislature has not the competence to make any ..... national levels, that the participation or teachers in social and public life was highly desirable in the interests of the profession and the educational services as a whole, and that such participation would enrich the social and political life of the country. even so, it was of the view tha ..... section 56 deals with the conditions of service of teachers. sub-section (1) of the section says that such conditions including conditions relating to pay, pension, provident fund, gratuity, insurance and age of retirement shall be such as may be prescribed by the statutes. sub-section ..... corporate veil for such a purpose. for reasons already stated, article 31(1) cannot help them although article 31(2) and article 31a(1)(b) may apply. and, of course, the right under article 30(1) is not available to them.19. the petitioners running minority institutions have not chosen to rely on article 26 since article 30(1) gives them equal, possibly greater, protection with specific reference to educational institutions. moreover, the applicability .....
Tag this Judgment!Court : Kerala
Decided on : Mar-06-1969
Reported in : AIR1970Ker110
Gopalan Nambiyar, J.1. This writ petition has been ordered to be placed before a Full Bench as it raises an important question as to the nature of the power exercised by the Central Government in the matter of integration of services in the States. In M.A. Jaleel v. State of Mysore, AIR 1961 Mys 210, a Division Bench of the Mysore High Court took the view that the power of the Central Government in the matter of integration of services was an exclusive original power. There were observations in a different strain made by one of us (Raman Nayar J.) in Kunhi Krishnan Nambiyar v. State of Kerala, 1964 Ker LT 704 = AIR 1965 Ker 84 (FB). In this latter case the Mysore decision was not noticed, nor were the provisions of Article 4 of the Constitution. In view of all this our learned brother Mathew J. felt that the question should be decided by a Full Bench.2. The petitioner was appointed Municipal Commissioner in the Travancore State in the year 1945 for a term of three years, renewed in 194...
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