Judgment Search Results Home > Cases Phrase: majority act 1875 preamble 1 majority act 1875 Court: kerala Page 1 of about 85 results (0.058 seconds)

V.G. Padmanabhan Vs. The Special Officer, Thalassery Primary Co-Operat ...

Court : Kerala

..... share value to rs.500/- in the inaugural general body meeting under the aegis of the special officer cannot be sustained for it is in violation of the statutory mandate under section 28(1e) of the act; (v) consequently, exclusion of the members on the premise that they do not remit the enhanced share value cannot be countenanced; and (vi) further consequently, exhibit p1 notification is set aside. ..... government pleader has laid much emphasis on the preamble to the act and also the scope of the 97th constitutional amendment ..... as the new society was coming into existence, its members in their first general body meeting decided with a majority, while framing the bye-law, that the share value should be rs.500/-. 19. ..... learned counsel for the respondents have strenuously contended that even the majority of the general body cannot suspend the operation of the bye- ..... be examined from two angles: whether clause 6(a) of the bye-laws has come into existence for the first time stipulating the share value or it has amounted to a raise in the share value, thus becoming a major policy decision taken by the general body in its maiden meeting. 53. ..... issue no.ii: are the members of the new society on majority fix, before the election, a different share value from that of the parent ..... the self-same majority members who had allegedly consented to raise the share value in the first general body meeting took a diametrically opposite view in the second general body meeting: they have through exhibit p9 .....

V. Padmanabha Ravivarma Rajah and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1963Ker31

..... supreme court, no doubt, has upheld the provisions relating to the grant of such power as valid, because their lordships are of the view that the preamble to the act has clearly indicated the policy and purpose of the act and the power given under section 13 could only be used in furtherance of the said policy and purpose. ..... in my view, the various observations of the learned chief justice, who delivered the majority judgment in the travancore-cochin land tax act case do not attempt to make any distinction regarding the principles applicable to the levy of a tax pure and simple and the levy of land revenue on a ..... this case, in the affidavits filed in support of these applications, the petitioners have stated that a major part of the forests in their possession consists of arid and rocky soil where no vegetation can grow. ..... before the learned judges in that case that even the levy of basic tax is a levy, not on land as such, but on forest and therefore the state has no power to levy such a tax, the majority judgment, except taking note of that contention, does not decide that question. ..... question does not assume much importance, in the view that i take upon the major ground of attack regarding the sustainability of the levy of cess made by thesepetitioners.38. ..... justice rajagopala iyengar, delivering the majority judgment of the supreme court, has exhaustively referred to the decisions bearing upon ..... delivering the judgment on behalf of the majority of the court observes :'..... .....

Sri.V.Shivaprasad Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker697

..... learned counsel invitedmy attention to the town planning act 1939 and various provisions thereinto contend that major role to be played therein is by the government, butafter coming into force of the constitution (seventh fourth amendment)act, 1992 and the kerala municipalities act, 1994, it can be seen that thetasks of preparation and for implementing development plans are entrustedwith the local bodies with the participation of the representatives of ..... an analysis of the town planning act, 1939 will show thefollowing: the preamble of the act states that the development of townsshould be regulated to secure their present and ..... the municipality act, it can beseen that the legislature was alive to the responsibilities under chapter ix-a of the constitution and going by the preamble itself it can be seen that thekerala municipalities act, 1960 and the kerala municipal corporationsact, 1961 were found to be not in conformity with the provisions of partix-a of the constitution and accordingly a new act was brought ..... para 74 contains the following: "preamble is the key to open the kind of the maker of the law; if theact read with its preamble would indicate the object which thelegislature seeks to achieve in ..... it is pointed out thateven a reading of the preamble will show that it was brought to entrust suchmunicipalities with the functions of the preparation of plans andimplementation of schemes for economic development and social justice including the implementation of schemes .....

State of Kerala, Rep. by the Chief Secre Vs. Hotel Leelaventure Ltd. a ...

Court : Kerala

..... anything contained in any other law for the time being in force or in any judgment, decree or order of any court or in any contract or other document, with effect on and from the date of commencement of this act, the possession of the historic site of kovalam palace shall stand transferred to and vest in the government free from all encumbrances and the right title and interest of all other persons in respect of the lands ..... of historic interest and heritage site; and whereas, the above said object has to be achieved by retaining the kovalam palace and the surrounding lands as object of historic interest and heritage site;" section 1(2) of the act provided that the act shall be deemed to have come into force on the 25th day of september, 2004 on which date the state government had issued government order for taking possession of the kovalam palace. ..... and whereas, the government are still the owner and the title holder of the said kovalam palace; and whereas, the government had taken over possession of the kovalam palace building and a major portion of the surrounding lands on the 27th day of september, 2004 consequent on the government order in g.o. ..... expenditure on this account is debitable to demand no.132 - other capital outlay of the ministry of tourism and civil aviation -major road ico - capital outlay on other works - b-1 works - 1 b, (i), tourist scheme (plan) during 1969- ..... preamble of the act read as follows: "preamble ..... kovalam as one of the major tourist destinations. .....

itty Kurian and anr. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1962Ker267

..... of section 17 of the reserve bank of india ac: 1934, including its suggestions for the streng-thening of banking business in the country.section 35-a which has also been included by a subsequent amendment in the main act, gives pow.er to the reserve bank to issue directions to banking companies generally or to any banking company in particular, if it is satisfied that it is necessary to issue such directions: (a) in the national interest ..... .section 23 placas restrictions on opening of new, and transfer of existing places of business.seetion 24 makes it obligatory on every banking company after the expiry of the 2 years from the commencement of the act to maintain any cash, gold, or unencumbered approved securities, an amount which shall not at the close of business on any day be less than 20 percent of the total of its time and demand ..... reflection that the constitution -- is meant not only for people of their way of thinking, but for all, and that the majority of the elected representatives of the people have, in authorising the imposition of the restrictions, considered them to be reasonable. ..... it violates article 14, it would be necessary to ascertain the policy underlying the statute and the object intended to be achieved by it and in this process, the preamble to the act and its material provisions can and must be considered. ..... justice gajendragadkar delivering the majority judgment cbseives at page 459 as follows:'the challenge to the vires of the impugned provisions is based on .....

Standard Motor Union (Private) Ltd., Ettumanoor and anr. Vs. State of ...

Court : Kerala

Reported in : AIR1962Ker298

..... policy and principle and given guidance to the delegateor not as the decision in bagla's case, air 1954 sc 455shows, in applying this test this court has taken into account the statements in the preamble to the act, and if the said statements afford a satisfactory basis lor holding that the legislative policy and principle has been enunciated with sufficient accuracy and clarity ..... the various matters mentioned in the three counter-affidavits filed on behalf of the state, will clearly show that there is a heavy programme for construction of major bridges and that the policy of the state is to recoup the expenditure on particular bridges, especially those constructed at an expense of over 3 lakhs ..... government, it is stated that it is proposed to levy a toll on vehicles passing over the falai bridge from 1st may 1953, and that it is suggested as one of the temporary tolls to be levied on all new major bridges in the state for a period sufficient to recoup the expenditure incurred on the bridge.23. in o. p. no ..... therefore, according to the chief engineer, temporary tolls may be levied on all new major bridges in the state for a period sufficient to recoup the expenditure on each bridge and as soon as the expenditure on a particular bridge has been recouped by collection of tolls, the tolls may ..... and last counter-affidavit, the state furnishes certain more additional facts in regard to the levy of tolls on the major bridges constructed at the expense of the former state of travancore-cochin. .....

B.O.Davis Vs. B.T.Martin

Court : Kerala

..... it is necessary to note paragraph 10 of the above judgment, which reads as follows: " in any case under section 2 (28a) inserted by section 2 of act 56 of 1969 the word "route" has been defined as meaning " a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and ..... in form i, which provides for complete exclusion, it is inter alia provided in the preamble that area/route/routes specified in schedule i is desired to be run and operated by the kerala state transport department in complete exclusion of the existing passenger transport service on the routes or routes as such or any portion ..... the said scheme was notified under the provisions of the section 68c of the motor vehicles act 1939, wherein it is provided inter alia as against the question of routes in relation to which the scheme is ..... no.1627/2013 18 we may notice that the majority judgment has been approved by the constitution bench in adarsh travels bus service case (cited supra) ..... of a highway, if, but only if - (a) that section of the highway is common to the respective routes to be used for the purposes of the services to be provided under each of the licences, but does not constitute the whole or the major part of any such route. ..... of 1938 authorising the use of omnibuses on such route, and (b) an application from a company or partnership comprising the holders of the majority of the licences referred to in (a) above. ..... the majority judgment was rendered by justice .....

E.A. Thomman and anr. Vs. Regional Transport Officer, Ernakulam and an ...

Court : Kerala

Reported in : AIR1969Ker130

..... the charging section, the preamble and section 19 clearly indicate that the purpose, the scope, the ambit and the effect of the act cannot be or was never intended to be anything different from those of the enactments which have been discussed and ..... would immediately be noticed thatthough the majority view in the automobile transport (rajasthan) case, (1963) 1 scr 49l = (air 1962 sc 1406) substantially agreed with the majority decision in the case of atiabari ..... 232) there would be a clear difference between the said two views in relation to the scope and effect of the provisions of article 304(b), according to the majority view in the case of atiabari tea co. ..... according to the majority decision in the ..... remaining for decision, apart from the violation of article 301 of the constitution, the decision on which we have deferred, due to lack of material, is the point raised by counsel on behalf of the petitioners that the act if it imposes a tax on the passengers and on the owners of the goods is incomplete and ineffective and ought not to be allowed to be enforced as against the operators in so far as there is no provision made ..... affidavit.reference was also made to the administration report of the motor vehicles department for the year 1962-63 and it was pointed out under the head xi (a), (receipt under motor vehicles act), 42 lakhs and odd rupees have been received by the state for the year 1962-63 and that such income has not also been included in any of the statements annexed to the .....

Padmanabharu Govindaru Namboodiripad and ors. Vs. the State of Kerala ...

Court : Kerala

Reported in : AIR1963Ker86

..... intended to cover the relation between jenmis and their kanapattom tenants only will not justify the conclusion that 'jenmom rights' are to be confined to rights as jenmis in respect of kanapattom lands, the jenmi and kudiyan act contains a definition of the term 'jenmi' which is in these terms:' 'jenmi' means a person in whom the proprietary right over jenmom lands is vested and includes, in the case of devaswoms owning jenmom lands, the managing ..... the petitioners in these writ petitions challenge the validity of the kerala agrarian relations act, iv of 1961, (hereinafter referred to as the act) mainly on the following grounds :(i) the bill which became the act had lapsed beforeit was assented to by the president and the assent ofthe president was of no avail to turn it into ..... as the objects and reasons show, the object of the bill was '(as recited in the preamble) to carry out on itsentirety the intention of the royal proclamation of 25thadi. ..... than viruthi lands, (3) kandukrishi lands assigned to occupants under the travancore-cochin kandukrishi land assignment rules, 1958, and (4) lands assigned by the government after levying the price thereof, and that the act must be struck down in respect of the other tenures in that area.31. it follows from the above that o. p ..... the holders of such lands have full proprietary rights in the soil and the act is protected by article 31a of the constitution so far as these lands are concerned ..... they form the major portion of the registered lands .....

Bhagavathy Tea Estates Ltd. and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [1989]179ITR508(Ker)

..... justification for hazarding a conclusion that the budget proposals made by the government in the month of march and the pronounced intention contained in the preamble to the enactment had been abandoned by the government and the legislature half way through. ..... , therefore, be no scope for doubt that the schedule brought in by the finance act of 1987 should be employed for the computation of the plantation tax for the year ..... intention that is specifically postulated in the preamble to the act. ..... when an amendment was made effective to section 10(2)(vii) of the indian income-tax act, 1922, as from may 5, 1946, the bombay high court held that that the amendment was not to be reckoned for the computation of the total income of the assessee for the ..... how come that a similar message was missed when the finance act of 1987 was published due to ignorance or indifference or something worse that is a matter for the government to ..... , the supreme court, by a majority, decided a similar question. ..... crux of the argument is this : the scheme of the act links the tax exaction with the first of april in the ..... the amendment bill proposed to amend the kerala plantation tax act, 1960, by substituting a new schedule for the existing one ..... in the present case, the finance act relevant for the assessment year 1987-88 is the finance act of 1987, substituting the schedule as for the assessment year 1987-88, the tax liability is competently altered, as it is a case of 'imposition of a different tariff in the course .....