Court : Kerala
Reported in : AIR1965Ker239; 1965CriLJ646; (1966)ILLJ495Ker
..... 395). 10. the remedies of stevedores--and of trimmers of coal on board ships--having claims for work done in connection with the stowing or discharging of ships' cargoes were enlarged by the (english) merchant shipping (stevedores and trimmers) act, 1911. sub-section (1) of section 1 of that act provides : 'if it is claimed that any sum is due to any ..... is guesswork with what material the legislature would, if it had discovered the gap, have filled it in. if a gap is disclosed, the remedy lies in an amending act. (magore and st. mellons rural district council v. newport corporation, 1951-2 all e r 839).13. a stevedore is a mere handler of goods in the ..... such is the case. if the government wants to bring the establishment of stevedores within the ambit of the employees' provident funds act, 1952, there is no doubt that what it should do is to amend the notification, and not attribute impossible meanings to familiar words and stretch the sense beyond the breaking point. 8. the stevedores are .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker113
..... 9th edn. (1972) vol. i footnote 3 at pp. 179, 184 and 194). to mention only a few, such provisions are found in the railways act, the presidency small cause courts act, the factories act, the merchant shipping act, etc.8. chapter ix of the i.p.c. is entitled: 'offences by or relating to public servants', and comprises of sections 161 - 171. in ..... in clauses (1) to (9) and (11) and (12) of the i.p.c., nor even clause (10) thereof. the decision did not notice the amendment effected by the state amendment act 27 of 1962. we agree with the division bench ruling in sahadevan's case (1976 ker lt 134): (1977 cri lj 637) that the learned judge's decision ..... ruling of this court in sahadevan v. state of kerala (1976 klt 134). the questions raised are: whether the special judge trichur, appointed under the criminal law amendment act 1952 had jurisdiction to try the cases in question in respect of the offences charged; and whether the reasoning and the conclusion of the division bench ruling in 1976 .....
Tag this Judgment!Court : Kerala
Reported in : II(1993)ACC259; 1993ACJ343; [1993]77CompCas134(Ker)
..... a particular amount. such limitations in the quantum of liability of the insurance company were there--for example, in sections 502 and 503 of the u. k. merchant shipping act, 1894. if the legislature wanted the insurance company to be initially liable for the whole amount nothing precluded the legislature from saying so clearly. the learned judge further ..... insurance company covered 'liability under chapter viii of the motor vehicles act, 1939'. the facts were that the policy was issued on may 31, 1969, for the period from june 30, 1969, to june 29, 1970. section 95(2)(a) was amended by the motor vehicles amendment act (56 of 1969) by which the particular coverage under the ..... statutory liability was increased from rs. 20,000 to rs. 50,000. the said amendment came into force on march 2, 1970. the contention for the claimants was that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker335; 1960CriLJ1455
..... . mellon, (1922) 67 law ed. 894 at p. 902, the supreme court of america while holding that the national prohibition act applied to foreign vessels summarised the position in these words :'a merchant ship of one country, voluntarily entering the territorial limits of another, subjects herself to the jurisdiction of the latter. the jurisdiction attaches in ..... so that section 167 (81) that had been added by act xxi of 1955 to the sea customs act would not be part of the foreign exchange regulation act, as section 23a of the latter, which had incorporated the earlier act into the latter, was added by the amending act viii of 1950. (iii) the bare fact of the indian ..... earlier enactment be referred to by later, the earlier becomes walled, and because of such incorporation any subsequent amendments of the earlier enactment are excluded from the referring act. the question in each case is therefore which act has been so incorporated. it is also clear that if the reference be by fiction that should be .....
Tag this Judgment!Court : Kerala
Reported in : (1987)62CTR(Ker)66; [1987]166ITR1(Ker)
..... place within the period of eight years. accepting that contention, the appellate assistant commissioner found that the relevant provisions of the merchant shipping act being mandatory, no sale could have occurred until the requirements of those provisions were satisfied. he thus held that the sale ..... as contended by the assessee, on march 29, 1974, when the sale was actually completed in accordance with the provisions of the merchant shipping act. the officer accordingly by his order dated march 16, 1977, treated the amount representing the development rebate as part of the assessee ..... ship was acquired.....the ship..... is sold orotherwise transferred by the assessee to any person other than the government..... ; or..... the development rebate originally allowed shall be deemed to have been wrongly allowed, and the income-tax officer may, notwithstanding anything contained in this act, recompute the total income of the assessee for the relevant previous year and make the,necessary amendment .....
Tag this Judgment!Court : Kerala
Reported in : [1974]94ITR179(Ker)
..... accounting periods are those that ended on the 31st july, 1959, and the 31st july, 1960, respectively. the assessee, an individual, had been carrying on business as timber merchant and was also running a saw mill under the style ' the seeyan saw mills'. on the 1st august, 1960, he formed a partnership with his wife and his manager ..... originally allowed shall be deemed to have been wrongly allowed, and the income-tax officer may, notwithstanding anything contained in this act, re-compute the total income of the assessee for the relevant previous year and make the necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified ..... been placed on any clause of sub-section (2) of section 297 as authorising action being taken under the act. i shall now read section 34(3)(b) and section 155(5) of the act.' 34. (3)(b) if any ship, machinery or plant is sold or otherwise transferred by the assessee to any person at any time before the .....
Tag this Judgment!Court : Kerala
Reported in : (1997)ILLJ6Ker
..... the service of respondents 2 to 4. respondents 2 to 4 have a further case that the petitioners have efficacious alternative remedy under section 150 of the merchant shipping act, 1958 for redressal of their grievances. the first respondent, state has also filed a counter affidavit in which the stand taken is that the petitioners are ..... petition is not maintainable inasmuch as the petitioners have efficacious alternative remedy under section 150 of the merchant shipping act. but learned counsel for the petitioners brought to my notice the provisions of chap. xv-a of the said act and in particular section 435b wherein it is provided that the central government, may by notification in ..... specified in the notification. admittedly, no notification has been issued by the central government under this section. therefore, section 150 of the act which deals with resolution of dispute between seamen and employers has no application to the petitioners.8. that apart, even assuming that section 150 of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker51
..... of the master by his agents, and are not delivered under the bill of lading. ..... and in (1838) 4 bing n. c. 314 the court say they think the ship-owner is acting during the whole of the time whilst the goods are in his possession under the obligation of a common carrier.'10. from these authorities it appears to me to ..... the delivery of the goods to a person who to their knowledge, was not entitled to receive them. it the exemption clause upon its true construction absolved the shipping company from an act such as that, it seems that by parity of reasoning they would have been absolved if they had given the goods away to some passer by or had ..... agent. the 3rd defendant was a sub-agent employed by the 2nd defendant for the landing work etc. the plaint is founded on the following allegations. one dwarakadas panachand, a merchant at mattancherry consigned 1560 bundles of coir rope and 619 bundles of coir yarn, for carriage to karachi, in 's. s. mosna' belonging to the 1st defendant on 30- .....
Tag this Judgment!Court : Kerala
Reported in : 2003(1)KLT87
..... decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.'section 12 of the c.p.c. (amendment) act, 1999 amended section 115 again. the existing proviso was substituted and sub-section (3) was also added after sub-section (2) but before the explanation. the proviso and ..... the ground that alternate remedy is available under article 227 of the constitution. that is the reason why a proviso was added to section 115 by the amendment act of 1976. the legislature considered the recommendations made by the report of the arrears committee headed by justice malimath. the committee agreed in principle that the scope ..... learned single judge in madhavan's case that the proviso affects the pending cases in view of the provisions contained in clause (i) of section 32 of the amending act also requires reconsideration. it is argued that the word 'proceeding' is used with regard to the orders under challenge in the revision and not civil revision petition .....
Tag this Judgment!Court : Kerala
Reported in : [2007(115)FLR566]; (2007)IILLJ903Ker
..... manufacturing process and that the applicant fell under the definition of 'factory' employing 10 or more persons. corporation took up the stand that after the amendment to section 2(12) of the esi act which came into force with effect from october 22, 1989 the position which existed prior to that date had been completely changed and in view ..... that merely because a party has failed to pay contribution allegedly under a bona fide impression or belief that the establishment is not covered under the provisions of the esi act that parry cannot escape from the liability of paying interest on the delayed payment of e.s.i, contribution under section 39(5) read with regulation 31-a ..... of interest for belated payment of contribution is a mandatory provision. sub-section (5)(a) of section 39 specifically says that if any contribution payable under the act is not paid by the principal employer or on the date on which such contribution has become due, he shall be liable to pay simple interest at the .....
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