Court : Kerala
Reported in : AIR1971Ker98
..... this contention: ' (53) the aforesaid discussion leads to the following results: xx xx xx (3) the constitution (first amendment) act, 1951, constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights. but on the basis of earlier decisions of this court, they were ..... it takes away or abridges the rights conferred by part iii of the constitution. (3) the constitution (first amendment) act, 1951, the constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights and are therefore void under article 13(2) of the ..... that decision is that article 31-a (first introduced with retrospective effect by the constitution (first amendment) act, 1951, and subsequently amended with like effect by the fourth and seventeenth amendment acts of 1955 and 1964 respectively) hits been prospectively struck down with the result that statutes made .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)ALT(Cri)323; 2004CriLJ2296; 2003(3)KLT174
..... zones of india shall be such as may be specified from time to time by or under any law made by parliament. article 297 was substituted by the constitution (fourtieth amendment) act, 1976 which came into force with effect from 27.5.1976. territorial waters, continental shelf, exclusive economic zone and other maritime zones ..... is at a distance of twelve nautical miles from the nearest point on the appropriate baseline. since the case of the prosecution is that the occurrence took place when the ship was 850 miles away from seashore, even if that 850 miles is taken as nautical miles or land miles, it is clear that the offence is alleged to have been ..... provides that the provisions of the code apply to any offence committed by any citizen of india in any place without and beyond india and by any person on any ship or aircraft registered in india wherever it may be. section 2 of the code provides that every person shall be liable to punishment under this code and not otherwise for .....
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 : (1989)76CTR(Ker)139; [1989]176ITR481(Ker)
..... more ways than one. the proverb about the orphaned condition of the timber in the forest has continued relevance even in present times. some of the timber merchants of even earlier periods, rightly earned notoriety for themselves. that was the saga of the destruction attempted in the burmese forests and elsewhere about which much ..... and most unpromising of men, was stryver's great ally. what the two drank together, between hilary term and michaelmas, might have floated a king's ship.'40. the ill-effects of excessive indulgence in drink were attempted to be countered in an organised way, even before the sarvodaya leaders of india attempted that mission ..... consideration.2. the petitioners have one thing in common : they have been the victims of an amendment to the income-tax act, 1961, brought about by the finance act, 1988, which has introduced sections 44ac and 206c to the income-tax act, 1961. their contentions are substantially common : the impost of the tax is inflexibly fixed under this .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT946; (2004)ILLJ617Ker
..... . the appellant approached the employees' insurance court contending, inter alia, that it was not an establishment liable to be covered under the act, and that the steamer watchmen engaged by the ships/steamers were not its employees.6. the corporation contended before the employees' insurance court that the steamer agents association (appellant) was the ..... the scheme. the above clause further stipulated that the governing body shall include four representatives from the appellant association. more importantly clause 3(vi) was amended to read as follows:'the governing body shall decide on disputes arising out of the running of the scheme and enforce discipline and lay down policies'.it ..... the first time. it is also provided therein that chairman of the governing body shall be , elected from the representatives of the appellant association. but the amended clause 3(vi) in our view, clearly shows that the appellant association has no control of any kind over the affairs of the scheme, much less .....
Tag this Judgment!Court : Kerala
Reported in : 2006CriLJ4352; 2006(3)KLT795
..... in the application filed by him before the chief commissioner of customs, bangalore for compounding the offence under section 137 of the customs act, 1962 as amended by section 71 of the finance (no. 2) act 2004. it is specifically stated in ext.p11 application for compounding by the co-accused as follows:on 6-12-20041 have been ..... the bill of lading. therefore the officers of the dock intelligence unit kept the container under surveillance. on 27-11-04 the c.h.a., m/s. total shipping india private ltd. filed an application before the assistant commissioner of customs seeking permission for sealing and movement of the container from docks to m/s. asian terminal, a ..... stores, dubai and carried from dubai to cochin by vessel m.v.lanka mahapola in container no. crxu 932183-8. the importer, through their agent m/s. total shipping india private ltd. filed a bill of entry no. 151584 with the customs house, cochin on 25-11-04 for clearance of the said consignment. invoice and packing list .....
Tag this Judgment!Court : Kerala
Reported in : II(2005)ACC45; 1995ACJ405; 2005(1)KLT195
..... undertaken in the policy shall be allowed to be recovered from the owner. if we do so, it will be expanding the scope of remand and we will not be acting in accordance with the pronouncement of the constitution bench in jaya's case, which has been specifically mentioned in the remand order. going by the decision of this court in ..... pay any amount, it can recover the entire amount paid to the third party on behalf of assured. if this interpretation is not given to the beneficent provisions of the act having regard to its purport and object, we fail to see a situation where beneficent provisions can be given effect to sub-section (7) of section 149 of the ..... act, to which pointed attention of the court has been drawn by learned counsel for the petitioner, which is in negative language may now be noticed. the said provision must be .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT533
..... para 38).(f) interlocutory orders passed by the courts subordinate to the high court against which remedy of revision has been excluded by the c.p.c. amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (vide para ..... other decisions of learned single judges of this court reported in karthiyani v. ratnanathan : air2005ker241 , and moopan complex merchants association v. raveendran : 2004(3)klt682 .6. in kalpakamani's case, by the proposed amendment to the plaint a suit for partition claiming 1/3 share over the plaint schedule properties was sought to be ..... air 1968 sc 165, sampath and kumar v. ayyakannu and anr. : [2002]supp2scr397 , and dondapati narayana reddy v. duggireddy venkatanaraya reddy : air2001sc3685 .)12. amendment cannot be claimed as a matter of right and under all circumstances. at the same time courts while deciding such prayers should not adopt a hyper-technical approach. .....
Tag this Judgment!Court : Kerala
Reported in : (2004)IIILLJ336Ker
..... bonus and maximum bonus payable will be as contained in section 12 and section 11 respectively of the payment of bonus act, 1965 or any amendment thereof.9.6 the employees may not be paid bonus for any act of omission and commission as given under:a) workmen who have caused any financial loss resulting in dismissal for misconduct, ..... intention to go to regions outside the payment of bonus act as seen from the records. notwithstanding the above discussions, it may also be relevant to notice that as early as in 1969, the supreme court in sanghvi jeevraj ghewar chand and ors. v. madras chillies, grains and kirana merchants workers' union air 1969 sc 530 : 1969-i-llj ..... -719 had i observed as follows at p. 738 of llj:'considering the history of the legislation, the background and the circumstances in which the act was enacted, the object of the act and its scheme, it is not possible to accept .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker300
..... in sabhayogam's case that the ryotwari pattadar has no absolute proprietorship has been given the go-by. we are not able to accept this argument. the amendment was made in order to include ryotwari pattadar also within the meaning of the 'estate', since such persons will not come within the definition of jenmom rights. ..... this court reported in s. sabhayogam v. state of kerala, air 1963 kerala 101. there, the challenge was concerning with the validity of the kerala agrarian relations act. 1960. the question there was whether the lands in malabar were 'estates' under article 31a(2)(a) of the constitution of india. justice vaidlallngam wrote the leading ..... collecting royalty from them. he had never paid any amount to the government as royalty because the provisions contained in the miners and minerals (development and regulation) act, 1957 and the rules framed thereunder did not stipulate payment of royalty to the government in case of jenmom lands. the petitioner further contends that since the .....
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