Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: kerala Page 8 of about 4,483 results (0.096 seconds)

T.J. Ponnen Vs. M.C. Varghese

Court : Kerala

Reported in : AIR1967Ker228; 1967CriLJ1511

..... only when competency of one spouse to be a witness in the other's cause was recognised by the evidence amendment act, 1858 (civil proceedings) or the criminal evidence act, 1898 (criminal proceedings) and that when the occasion arose the concerned statutes enacted it as a privilege of a husband or wife to withhold communications made to him or her during marriage by the other spouse section 3 of the evidence amendment act, 1853, reads thus:'no husband shall be compellable to disclose any communication made to him by his wife ..... ' with regard to the position of husbands and wives with reference to communications passing between them do not appear to be accurate'the conclusion at which i have arrived is that, before the passing of the evidence act, 1851, there was a rule of the common law that communications between husband and wife were not admissible in evidence; and since the evidence was itself inadmissible, no question of privilege arose: and there was, therefore no rule dealing with ..... 1851, and the evidence amendment act 1853, that the question of compellability arose, and was met by the express provisions of section 3 of the last mentioned act the privilege therefore, appears to me to rest entirely on the provisions of section 3 of the 1853 act: and i am satisfied that there was and is no rule of common law, apart from those provisions, conferring or recognising any such privilegesthe question arises, how far does this statutory privilege extend? .....

T.J.John Vs. The Church of South India

Court : Kerala

..... the church, the ministry of the church, election, appointment, consecration and installation of bishops, congregations, pastorates and committees, diocesan committee, the synod, worship of the church, discipline of the church, marriage law of the church, alteration in the constitution of the church and union of merger with the other churches. ..... necessary for the worshippers/faithful and other interested persons to unite to save the properties of the 1st defendant trust by approaching this hon'ble court, for getting the existing constitution amended by providing for a scheme for the creation of the trustee committee for the effective control and use of the trust properties after removing the 2nd defendant from the trusteeship and from ..... 1st defendant trust and they propose to seek leave of the court by a separate application to institute this suit seeking reliefs of removal of trustees, taking of accounts and for the amendment of the existing bylaws providing for appropriate provisions in the constitution for the formation of a new trustee committee and for the effective control of the trust properties in the hands of the trustees." 29. ..... was further held that the advocate general acts as a statutory administrative authority performing the parens ..... to notice is that the court will be acting in tune with the principles of natural justice. ..... therefore that the court is acting in exercise of the judicial ..... the first defendant is a company incorporated under the indian companies act, 1913. .....

Santhosh.T.Varghese Vs. State of Kerala

Court : Kerala

..... it was accordingly, that the relevant enactments dealing with the universities in the state were amended by virtue of the universities laws (third amendment) act 2014. ..... the term 'autonomous college' is defined under section (4b) of the university laws (third amendment) act, 2014. ..... the purpose of the 'undertaking' to be given in terms of the amended provisions of the statute and the government orders issued, is obvious; as running of an institution in a smooth manner is of paramount importance. ..... 618/2013/h.edn dated 13.09.2013 so as to cause amendment to the university acts. ..... it is also relevant to note that amendment to the provisions of the statute has not been subjected to challenge from the part of the petitioners. ..... to have an idea as to the desired objective, it is necessary to go through some of the provisions of the amended statute. ..... as put forth by the learned government pleader, the government is having sufficient power to issue orders/circulars in the nature of annexure a5, by virtue of the authority conferred under section 69q (2) of the act. .....

Geo Seafoods Vs. Additional Sales Tax Officer Iv and anr.

Court : Kerala

Reported in : [2000]119STC236(Ker)

..... , it was observed as follows :'as we have already pointed out, the right to commence a proceeding for assessment against the assessee as an agent of a non-resident party under the income-tax act before it was amended, ended on march 31, 1956, it is true that under the amending act by section 18 of the finance act, 1956, authority was conferred upon the income-tax officer to assess a person as an agent of a foreign party under section 43 within two years from the end of the year ..... state of maharashtra : 1995crilj517 , the supreme court laid down certain principles with regard to the ambit and scope of an amending act and its retrospective operation, which state thus :'(i) a statute which affects substantive rights is presumed to be prospective in operation, unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, unless such ..... authority of the income-tax officer under the act before it was amended by the finance act of 1956 having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued the notice it is within the period provided by that amending act. ..... will be clear from the following observations in that case :'under sub-section (1) of section 21 of the act before its amendment, the assessing authority may, after issuing notice to the dealer and making such inquiry as it may consider necessary, assess or reassess the dealer according to law. .....

Nair Service Society Vs. State of Kerala

Court : Kerala

..... the constitution (ninety third) amendment act, 2005 and the enactment of act 5 of 2007 giving reservation to other backward classes (obcs), scheduled castes (scs) and scheduled tribes (sts) created ..... (5) nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizen or for the scheduled castes or the scheduled tribes in so far as such special provision relate to their admission to educational institutions ..... contended that in view of the ratio laid down by this court, the government is devoid of power to make law unless any of the restrictions as controlled by clause (4) of article 19 of the constitution of india are infringed. ..... learned judge, it must be held that the law on this question is the one declared in para ..... the government has no power to enact a law incorporating the reservation to the members of weaker ..... the parliament had lacked power to enact the law incorporating the society and inducting outside members against the wishes of the founder members of the society registered under the societies registration act. ..... any law, statute, bye-law, regulation or government order which provide protection or reservation to socially and educationally backward classes cannot be said to be discriminatory, but it in consonance with the principles underlying in clause (4) to article 15 of the constitution of india as well as articles .....

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

Court : Kerala

Reported in : [1989]179ITR508(Ker)

..... even by the fiction, the amendment act of 1987 has been made effective only from july 1, ..... essence, section 3 of the amendment act itself gives a contra indication. ..... additional levy will get fastened only from the first of april after the amendment act had become effective. ..... the levy be effective from the first of april, 1987, with the existing provisions of the amendment act 20. ..... only the date april 1, 1987, was indicated as the date from which the amendment was to be effective, it would have irrefutably brought about the intention of the ..... in respect of an amendment which came into force on april 1, 1940, the court held that the old law applied to every assessment year up to the assessment year ..... : [1966]60itr262(sc) , in these words :'this decision is 'an authority for the proposition that though the subject of the charge is the income of the previous year, the law to be applied is that in force in the assessment year, unless otherwise stated or implied. ..... who offered resistance sought reference of the questions of law to the district court, as provided under the parent act. ..... all the use and potency of the laws depends upon them. ..... statute is not retrospective simply because a part of the requisites for its action is drawn from a time antecedent to its passing' (craies on statute law, 5th edition, p. ..... the students of law or of public finance or of economic sciences, would be well acquainted with basic principles in interpretational expressions relating to tax ..... law-making has its own .....

P.K. Visalakshy and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1987)ILLJ445Ker

..... it is common ground that the kerala public services ordinance, which subsequently became 'kerala public services amendment act 1983 (act 4 of 1984) with retrospective effect from 1st october 1981 was considered regarding its scope and effect on temporary or provisional appointments under rule 9(a) of the kerala state and subordinate services rules by a division bench ..... so whatever may be the scope of the kerala public services amendment act 1983 (act 4 of 1984) the petitioners are still workmen entitled to the benefits of chapter v-a of ..... in this connection the amendment effected by industrial disputes amendment act 1984 (act 49 of 1984) which took effect from 18th august 1984 by adding sub-clause (bb) to section 2(oo) is ..... of the kerala public services amendment act, 1983 as also the amendment to the i.d. ..... the above light, no question of retrospectivity of the amendment act arises.6. ..... act 1947 has been amended adding sub-clause (bb) to ..... kerala public services amendment ordinance 1983 was ..... subsequent legislations-kerala public services amendment ordinance 1983 and 'also the amendment effected in the i.d. ..... events that led to the amendment and the scope of the amendment have been discussed in malhotra law of industrial disputes, 1985 edn ..... stated that they are workmen as defined in the industrial disputes act and so they are entitled to protection and benefits given in chap ..... view of the above statutory provisions and the statement of the laws i am of the opinion that ext. p1 in o.p. .....

The Kerala Aided L.P. and U.P. School, Managers Association, Represent ...

Court : Kerala

..... . chapter xxi, newly introduced in the ker, and rule 12 of chapter xxiii, substituted by the amendment act, are incongruous ..... be that as it may, the constitutional mandate being on the state to compulsorily provide for free education as per the norms and standards prescribed under the rte act, even in such situation the government would have to provide for the required number of teachers per class in compliance of the ptr as stipulated in the schedule and not based on the strength of the entire school. ..... . in such circumstance, it has to be stated that the prescription of notification of regular vacancies and anticipated vacancies, brought in by chapter xxi, and the amendment to rule 9 of chapter iii and rule 1 of chapter xiv-a, has to be found to be quite unreasonable and arbitrary ..... but both the enactments however, survived, leading to revolutionary changes in the educational frame work and the social fabric of the state and also resulted in interpretative treatises, of which the law reports are a testimony; which still enlighten and guide the legal fraternity. 3. ..... the assent of the president under the said article, would be subject to any subsequent central legislation and provisions of the state legislation repugnant to the central legislation, which, either expressly or impliedly repeals the state law would be rendered void to that extent. ..... . the law is trite .....

Dr. Rahul Ravind and Others Vs. State of Kerala Rep. by Secretary Heal ...

Court : Kerala

..... list-ii was deleted and entry 25 of list-iii was amended with effect from 3.1.1976 as a result of the constitution 42nd amendment act of 1976. ..... who may not secure admission on account of their lower seniority position, cannot attack the amended provision since there is no discrimination inter-se between the in-service candidates. ..... the stand of the petitioners that the very move of the government is in violation of article 14 as ex.p-3 creates discrimination between 2 similarly placed groups apart from the move being in direct conflict with the law laid down by majority decision of the constitutional bench of the apex court in dr. ..... affidavit of the state, the learned advocate general by placing reliance on several decisions contended that candidates do not have any right to get admission on the basis of prospectus and the government is free to amend the prospectus by virtue of clause 19 of the prospectus. ..... is supported in earlier decision (2003 (3) ilr kerala series). 41 ..... of the fact that there would be some delay in commencement of post-graduation studies and to some extent the 2002 and 2003 batches would overlap. ..... tirthani and others (2003) 7 scc 83) it is also impermissible to have separate evaluation ..... also refer to 2003 (3) ilr 46 kerala ..... tirthani and others (2003) 7 scc 83 by ..... others versus ajay srivastava and another (2003) 8 scc 69). ..... clarified in gopal tirthani's case reported in 2003 (7) scc 83. ..... consequence for which the successful candidates for the year 2002 and 2003, i.e. .....

Sasi Vs. Saudamini

Court : Kerala

Reported in : 2003(3)KLT433

..... was aware of the legal position laid down by this court when the same device was adopted by it in the year 1984, no intention could now be attributed to the legislature that it was intended by the amendment of section 13(1) of the civil courts act to interfere with the accrued right of the litigants to appeal to this court'.it may be noted that appeals from decrees of subordinate court in suit instituted prior to 27.3.1996 would continue to lie in this court, if ..... 25,000/-by the kerala civil courts (amendment) act, 1984 with effect from 6.1.1984 ..... karthikeyan submitted that the appeal is perfectly maintainable since the suit was instituted before the sub court, thrissur before the coming into force of the civil courts (amendment) act, 1996 with effect from 27.3.1996. ..... by the kerala civil courts (amendment) act 6 of 1996 the limit was further raised to ..... the civil courts (amendment) act 6 of 1996 came into effect on ..... case it relates back to the filing of the pauper application, whether defendant in a suit would also be governed by the situation which prevailed in the matter of filing of the appeal before this court prior to the civil courts (amendment) act 6 of 1996.5. ..... the kerala civil courts act, 1957 is enacted to consolidate and amend the law relating to civil courts in the state of ..... the appeal was filed before this court on 29.5.1996 registry sought a clarification as to whether in view of the amendment brought in by act 6 of 199,6, appeal would be maintainable before this court. .....