Skip to content


Judgment Search Results Home > Cases Phrase: maharashtra appropriation excess expenditure act 2003 Court: kerala Page 1 of about 77 results (0.120 seconds)

Dec 18 2006 (HC)

Thressiamma L. Chirayil Vs. State of Kerala

Court : Kerala

Reported in : 2007(1)KLT303; (2007)7VST293(Ker)

..... 3309.28 593.15 364.26 214.34 487.74 564.092003-04 3055.33 355.33 471.87 404.78 400.38 472.472004-05 7452.96 974.38 783.2 209.12 358.94 624.87referring to the above tables it is stated that in the light of the expenditure and services being regularly provided by the state, state is providing service to compensate the levy of entry tax under the entry tax ..... haryana : (2003)8scc60 examined the scope of section 3 of the maharashtra tax on the entry of goods into local areas act, 2002. ..... stated that there is a direct nexus to the levy of entry tax on goods and the expenditure incurred by the state to provide corresponding service to the importers of goods. ..... provision for convenient roads in the state and its expenditure for maintenance, so also bridges, water transport, ports, light houses, development of industries and allied matters are the services rendered by the state so as to support the levy of ..... the affidavit refers to tables explaining the various expenditure incurred by the state for maintenance of roads, bridges, water transport, development of industries and ..... of commercial taxes, government of kerala, in due reverence to the direction of the apex court, filed affidavit before this court on 11.9.2006 explaining the services and expenditure incurred by the state for importers of the goods. ..... it is also pointed out that the expenditure for roads is met from motor vehicle tax revenue and from funds allotted from other agencies like national highway fund, world bank loan and allotment .....

Tag this Judgment!

Dec 18 2006 (HC)

K.A. Jose Vs. R.T.O. and anr.

Court : Kerala

Reported in : 2008(1)KLJ128

..... 2000-01 5820.34 2052.19 275.52 58.04 884.87 886.72--------------------------------------------------------------------------------2001-02 3023.94 691.55 175.38 37.39 724.22 915.9--------------------------------------------------------------------------------2002-03 3309.28 593.15 364.26 214.34 487.74 564.09--------------------------------------------------------------------------------2003-04 3055.33 355.33 471.87 404.78 400.38 472.47--------------------------------------------------------------------------------2004-05 7452.96 974.38 783.2 209.12 358.94 624.87--------------------------------------------------------------------------------referring to the above tables it is stated that in the light of the expenditure and services being regularly provided by the state, state is providing service to compensate the levy of entry tax under the entry tax ..... state of haryana : (2003)8scc60 examined the scope of section 3 of the maharashtra tax on the entry of goods into local areas act, 2002. ..... it is stated that there is a direct nexus to the levy of entry tax on goods and the expenditure incurred by the state to provide corresponding service to the importers of goods. ..... provision for convenient roads in the state and its expenditure for maintenance, so also bridges, water transport, ports, light houses, development of industries and allied matters are the services rendered by the state so as to support the levy of compensatory tax .....

Tag this Judgment!

Aug 07 2009 (HC)

Kmp Timbers Vs. Commercial Tax Inspector and anr.

Court : Kerala

Reported in : (2010)27VST536(Ker)

..... is authorised to issue the impugned circulars fixing the 'minimum sale price' for calculating the advance tax realisable under section 47(16a) of the kerala value added tax act, 2003 and if it is within the power and competence of the commissioner, whether the sale price fixed in respect of 'live chicken' as involved in w.p. (c) no. ..... petitioners that the departmental authorities could have purchased the goods, if the value shown in the invoice was much below the actual price, by invoking the power under section 45 of the act and paying the price by ten per cent more than the invoice price as stipulated therein, particularly in view of the willingness expressed in this regard does not appear to be having ..... tax inspector, walayar [2007] 7 vst 323 : [2007] 2 klt 174 show that, going by the scheme of the kvat act and rules, only those goods which can be subjected to tax under the vat act can be notified under section 47(16a) of the act and hence if any particular type of goods which is not 'evasion prone' is also included in the notification, the concerned parties ..... and jurisdiction of the commissioner to issue such circular and as to the sustainability of the sale price fixed therein, have been subjected to challenge, seeking for appropriate reliefs. ..... naming the 'evasion-prone goods', as their list may change from time to time; holding it further that the contention of the petitioners that there was excessive delegation of power on the commissioner cannot be accepted. ..... of maharashtra : .....

Tag this Judgment!

Nov 08 2000 (HC)

Engineering, Mechanical and Electrical Workers Union Vs. National Text ...

Court : Kerala

Reported in : (2001)IIILLJ906Ker

..... balance sheet of the 2nd respondent for the year 1990-91 the respondents have shown excess bad debts, excess expenditure as wear and tear, excess expenditure as interest, reserved gratuity, excess stock and excess bank balance to the tune of rs. ..... is filed by a trade union in the 2nd respondent - company under the 1st respondent seeking issue of a writ of mandamus or other appropriate order appointing an independent agency to be nominated by this court for the purpose of re-auditing the balance sheet of the 2nd respondent-company for the financial year 1990-91 and to submit ..... course of conciliation proceedings of an industrial dispute with the assistance of a conciliation officer and certified by him to be a fair and just settlement, will be binding generally on all the workmen under section 18(3) of the act even if all the workmen were not parties to the dispute or have not concurred with the settlement so reached. ..... respondent and its employees, the dispute with regard to the payment of bonus for the year 1990-91 was referred for conciliation under section 22 of the payment of bonus act and the settlement arrived at the conciliation is binding upon the petitioner also. ..... that a settlement arrived at in the course of conciliation proceedings under the act or an arbitration award in a case where a notification has been issued under sub-section (3-a) of section 10-a or an award of a labour court, tribunal or national tribunal which has become enforceable shall be binding on all .....

Tag this Judgment!

Aug 14 2012 (HC)

K.S. Shajahan Vs. State of Kerala

Court : Kerala

..... requires, - (b) "educational institution" means any place or centre where educational institutions are imparted according to the specific norms and include any school/college and institution of higher learning established or recognized by an appropriate authority;"in elucidating section 6 of the act in rule 3(2) it is stated that the distance of one hundred yards referred to in sub-rule (1) shall be measured radially starting from the outer limit of the boundary wall or fence, as the ..... manu, the learned counsel for one of the petitioners vehemently argued that as could be seen from its statement of objects and reasons, the central act 34 of 2003 is a piece of legislation passed by the parliament under article 253 of the constitution which says that notwithstanding anything in the forgoing provisions of chapter xi of the constitution, parliament has ..... raised by the petitioners in these cases is that in order to attract section 6 of cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (34 of 2003), the sale of tobacco products should be to a person who is under 18 years of age and the sale must also be in an area within a radius of one hundred yards of any educational ..... state of maharashtra [2009 (9) scc 92] it was held thus: "in our opinion, when the language of the statute is plain and clear then the literal rule of interpretation has to be applied and there is ordinarily ..... and excess .....

Tag this Judgment!

Feb 09 2011 (HC)

Sri.V.Shivaprasad Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker697

..... relates to preparation andexecution of development plans.going by section 51, thewardcommittee or ward sabha as the case may be, will have to prepare everyyear a development plan for the ward along with an estimate of the expenditure therefor and sub-section (2) enables the municipality to prepareevery year a development plan for the succeeding year considering thedevelopment plans submitted by the ward committee or ward sabhas, andsubmit it to the district planning committee. ..... effect the same, two options have been suggested: either a separateenabling legislation, as has been enacted in west bengal, maharashtra andandhra pradesh may be enacted or with some amendments in the existingtown and country planning acts, provision for constitution ofmetropolitan planning committees may be made in the existing act.various other suggestions have been made and finally the states aredirected to take immediate actionto facilitate enactment of enablinglegislation and constitution ..... they can take appropriate decisionsin the matter with regard to the adoption and continuance of the schemes,till new arrangements are made.they can also resort to the principles ofspatial planning and introduce ..... state of haryana and others {(2003) 5 scc 622} reiterates the principle that the right under article 300a cannot be ..... (ms)no.62/03/planning, thiruvananthapuram dated 1.8.2003 to prepareintegrated district development plan for kollam (both long termprospective plan and short term executive plan) and that the .....

Tag this Judgment!

Nov 17 2014 (HC)

Planters Forum Vs. State of Kerala

Court : Kerala

..... court may be pleased to hold and declare that even lands vesting under section 3(1) of the kerala forest (vesting and management of ecologically fragile lands) act, 2003 can be vested only upon payment of compensation determined in a just manner in accordance with law; (v) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to restore the lands already vested under the provisions of the kerala forest (vesting and management of ecologically fragile ..... state from taking over any land under the provisions of the kerala forest (vesting and management of ecologically fragile lands) act, 2003' (vii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to enforce the provisions of the kerala forest (vesting and management of ecologically fragile lands) act, 2003; (viii) declare that the members of the first petitioner, including the 2nd petitioner whose lands have been vested ..... been achieved for the most part, our next objectives in land reform are the fixing of limits to the extent of agricultural land that may be owned or occupied by any person, the disposal of any land held in excess of the prescribed maximum and the further modification of the rights of land owners and tenants in agricultural holdings. ..... state of maharashtra and vijay kumar sharma v. ..... state of maharashtra, bar council of u.p. v. ..... (maharashtra north) ltd. .....

Tag this Judgment!

Jul 03 2013 (HC)

Kerala Classified Hotels and Resorts Ass Vs. Union of India

Court : Kerala

..... list ii of the seventh schedule to the constitution or is a service when the central government alone can levy service tax under entry 97, list i (or entry 92-c of list i after 2003) or if the nature of the transaction partakes of the character of both sale and service, whether both legislative authorities could levy their separate taxes together or only one of them posed the following questions: ..... these writ petitions are allowed as follows: i) it is declared that sub clauses (zzzzv) and (zzzzw) to clause 105 of section 65 of the finance act 1994 as amended by the finance act 2011 is beyond the legislative competence of the parliament as the sub clauses are covered by entry 54 and entry 62 respectively of list ii of w.p.c..nos 14045 ..... the supreme court while considering the constitutional validity of the expenditure tax act, 1987 (central act 35 of 1987) held as under: "31. ..... thus, we find from the statement of objects and reasons that the concept of "deemed sale" is brought in by the constitution (forty- sixth amendment) act only in the context of imposition of sales tax and that the words "transfer, delivery or supply" of goods is referred to in the second limb of article 366 (29-a) to broaden ..... acts we do not think it appropriate to allow any refund of taxes already paid under the impugned acts ..... then again, the mere excessiveness of a tax or even the circumstance that its imposition might tend towards the diminution of the earnings or profits of the persons of incidence does not, per .....

Tag this Judgment!

Dec 09 2014 (HC)

Abdul Khader Vs. The State of Kerala

Court : Kerala

..... . chhattisgarh state electricity board and another (2014 (1) khc319, the hon'ble supreme court has held that section 151 of electricity act, 2003 will not cause any fetter on the right of the police to investigate a case under the code of criminal procedure in respect of any ..... homicide not amounting to murder shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term ..... . central bureau of investigation (2009 (6) scc316, while construing the provisions of maharashtra control of organised crl.m.c.no.1266 of 2013 27 crime act, 1999 (hereinafter referred to as mcoca), the hon'ble supreme court has held that: "although the special judge is entitled to take cognizance ..... carry out investigation on a complaint made by the third party he would be entitled to arrest the accused and carry on investigation as if he is a police officer he hope that parliament would take appropriate measure to suitably amend the law in the near future".27 ..... or kept under insanitary conditions; or (xi)by virtue of its being mis-branded or sub-standard or food containing extraneous matter; or (xii) by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations".15. .....

Tag this Judgment!

Jan 29 2003 (HC)

Francis Vs. Sreedevi Varassiar

Court : Kerala

Reported in : 2003(2)KLT230

..... in other cases the high court, may, at, any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under this act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in reference thereto as it thinks fit. ..... true scope and ambit of the protection available to a tenant under the 'second proviso' to section 11(3) of the kerala buildings (lease and rent control) act, 1965?have the courts below erred in granting protection to the respondents on the ground that a suitable building is not available to her in the locality ..... or impropriety coming to its notice is capable of being corrected by the high court by passing such appropriate order or direction as the law requires and justice demands. ..... taken as the yardstick, the provision would simply mean that the building should be appropriate for continuing the trade or business by the tenant. ..... import of the word 'suitable' according to black's law dictionary (6th edition), 'suitable' means 'fit and appropriate for the end in view. ..... opinion that: (i) there is no reason to read and interpret section 20 of the kerala buildings (lease and rentcontrol) act, 1965 narrowly and limit the scope of revisional jurisdiction conferred onthe high court thereby. ..... state of maharashtra (1998 ..... cannot be said that the rent being demanded for the alternative accommodation was too excessive.40. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //