Judgment Search Results Home > Cases Phrase: motor vehicles west bengal second amendment act 1984 Court: kerala Page 1 of about 109 results (0.113 seconds)

M.K. Sasidharan Vs. the Forest Range Officer and ors.

Court : Kerala

Reported in : 1999CriLJ4844

..... of the bombay high court had occasion to come across the scope of similar provisions in the indian forest (maharashtra) amendment act, 1984, act vii of 1985, in kama laxman gawali v. ..... liable to confiscation :- (1) when there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce, such timber or produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence may be seized by any forest officer or police officer.explanation. ..... 1 to 3, vehicle was not seized from the petitioner and that as soon as the vehicle was seized, the matter was reported to the second respondent for taking further action under section 61-a of the act. ..... to counsel, as per section 52(2) it was obligatory on the part of the authorised officer on seizure of the vehicle and the timber to submit a report of seizure to the magistrate having jurisdiction to try the offence after marking ..... action has been taken by the second respondent to release the vehicle, petitioner has approached this court ..... second respondent in the meantime received a letter dated 12-3-1999 from the petitioner claiming ownership and possession of the vehicle and sought release of the vehicle ..... seized the vehicle on 10-11-1997 had sent his report and the mahazar on the next day itself to the second respondent. ..... transport officer, vandiperiyar vide his letter dated 13-1-1998 informed the second respondent that the registered owner of the vehicle is one m. a. .....

Fantacy Sales Corporation Vs. Sales Tax Inspector and ors.

Court : Kerala

Reported in : [2007]8STT33; (2007)7VST323(Ker)

..... sales tax, delhi : [1962]1scr283 , the validity of section 8-a of the bengal finance (sales tax) (delhi amendment) act, 1956 was assailed in a writ petition filed under article 32 of the constitution ..... dealers may remit the tax on the consignments in advance before the respective assessing authority if they can provide details of the consignment such as copy of the bill/invoice, vehicle number, and name of the entry point (check-post/port/airport/railway station)while estimating the sale price for the purpose of collecting the advance tax the assessing authority ..... in the above decision upheld the provisions enabling demand of tax in advance while bringing the goods to west bengal by casual traders. ..... of tax, enactment of such provisions is constitutionally permissible, in view of the decision of the apex court in state of west bengal v. e.i.t.a. ..... government pleader on the other hand, relied on the decision of the apex court in state of west bengal v. e.i.t.a. ..... taxes [2002] 1 klt 456, state of west bengal v. e.i.t.a. ..... (ii) to direct the first, second and third respondents to release the goods and vehicle covered by exhibit p3 and exhibit p4 notices and future goods and vehicles of the petitioner without detention as per exhibit p1 and exhibit p2 circulars by issuing a writ of mandamus or any other appropriate writ, ..... decision, the apex court upheld the validity of certain provisions of the west bengal sales tax act, which included two sub-sections providing for payment of tax in advance. .....

The Oriental Insurance Co. Ltd. Vs. Sheela Ratnan and ors.

Court : Kerala

Reported in : 1996ACJ1298; AIR1997Ker109

..... question referred for consideration of the full bench is whether amendment to section 140 of the motor vehicles act, 1988 by the motor vehicles (amendment) act, 1994 enhancing the quantum of compensation is applicable to claims for compensation in respect of death or permanent disablement resulting from accidents which occurred prior to 14-11-1994, the date on which the amending act came into force. ..... sub-section (2) of section 1 of the motor vehicles (amendment) act, 1994 provides that the act shall come into force on such date as the central government may, by notification in the official gazette appoint and different dates may be appointed for different provisions, of the act and any reference in any such provision to the commencement of the act shall be construed as a reference to coming into force of ..... the administrator general of west bengal, air i960 sc 936 and ..... matter arose under the land acquisition act 1894 as amended by land acquisition (amendment) act, 1984. ..... the second decision, division bench has affirmed the view taken in the first decision and it was observed as follows: 'the nub of the decision in padmavathy's case is that no new right has been created, nor has any additional liability been imposed through section 140 of the new act. ..... secondly, the division bench took theview that section 144 in chapter x of the newact gives over-riding effect to all the provisions in chapter x which would thereforeexclude application of the provisions contained under section 6 of .....

A. Vilasini and ors. Vs. K.S.R.T.C. and anr.

Court : Kerala

Reported in : II(1988)ACC584; AIR1989Ker95

..... it was further held that the legislative intendment was to give a quick relief to the victims of motor vehicle accidents or to their families on the principle of no fault and that in that sense, the amendment act is a beneficial piece of legislation intended to give benefits to all victims who were involved in the accident due to no fault basis and to remove the mischief that people who suffered the accident had to face, being sometimes ..... that case related to the extension of the provisions of the west bengal premises tenancy act (12 of 1956) to a particular area after passing of eviction decree, but during pendency of appeal. ..... it is, therefore, considered necessary to amend the act suitably to secure strict enforcement of road safety measures and also to make, as a measure of social justice, suitable provisions first for compensation without proof of fault or negligence on the part of the owner or driver of the vehicle and, secondly, for compensation by way of solatium in cases in which the identity of the vehicle causing an accident is unknown. ..... rajasthan road transport corporation, jaipur (1984 acj 716). ..... , jaipur, 1984 acj 716, which took the view that section 92-a has no retrospective operation.15. ..... , air 1984 sc87, in coming to this conclusion :'all laws which affect substantive rights generally operate prospectively and there is a presumption against their retrospectivity if they affect vested rights and obligations unless the legislative intent is clear .....

Nature Lovers Movement Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2000Ker131

..... by virtue of the provision contained in the constitution (forty-second amendment act) 1976, entry 17a dealing with the topic 'forests' was included in list iii -- concurrent ..... the constitution (forty-second amendment) act, 1977 has brought out drastic and revolutionary changes in the constitutional perspectives enshrined in ..... applying these tests, we find it is impossible to hold that the government of west bengal did not act with probity in not inviting tenders or in not holding a public auction but negotiating straightaway at arm's length with the taj group ..... in the periyar tiger reserve, (iii) preparation of detailed map showing the demarcation of the area to be regularised; (vi) regularisation of the encroachments shall not be done in excess of the area permissible as per the kerala land assignment act, (v) a comprehensive scheme for soil preparation and agro forestry shall be prepared and implemented as a time bound programme, and (vi] the state government shall give firm commitment that the funds for the compensation and ..... applying these tests, we find it is impossible to hold that the government of west bengal did not act with probity in not inviting tenders or in not holding a public auction but negotiating straightaway at arm's length with the taj group of ..... behari sarkar, air 1984 sc 1471).95 ..... . march 1984) informed the chief minister ..... . 10797 of 1984 challenging the assignment of forest lands by the division bench on 3-4-1999 central government ..... sarkar, air 1984 sc 1471. .....

K.V. Sarada Vs. The Special Tahasildar

Court : Kerala

..... the object of the amendment act 1984 as noted above is to extend the benefit of enhancement of amount of compensation by court on a reference filed by the land owners to those land owners also who could not approach the court for enhancement of compensation due to reason of poverty, ..... the scheme of the land acquisition act, 1894 prior to the amendments made in the act by act 68 of 1984 provided enhancement of compensation only on a reference made under section 18 of the act. ..... ' thus, under the amended land acquisition act of 1984, a claimant is entitled to claim land value before the reference court, in excess of what he claimed before the land acquisition officer and the court is bound to independently investigate the claim on the basis of the materials available on ..... by act 68 of 1984 substantive amendments were made in the act. ..... whatever be the reason for rejection of his earlier application moved under s.28a of the act, its incorrectness cannot be set forth as a ground to entertain a second application based on a judgment in another reference by the court. ..... appellant can file only one application under section 28a(1) which she had already filed on 13.03.1990, on the principle that the second application is barred, she cannot also place reliance on the award in l.a.r. ..... state of kerala (2014 [1] klt 38) has held that when a previous application under section 28a(1) was turned down on merits, second application by the claimant based on the judgment in another reference is barred. .....

Commissioner of Income-tax Vs. Tara Agencies

Court : Kerala

Reported in : (2000)159CTR(Ker)325; [2000]243ITR336(Ker)

..... of fact, a contention was raised before the full bench relying on the taxation laws (amendment) act, 1984, adding sub-section (6) to section 215 with effect from april 1, 1985, that till such amendment the assessment made under section 147 cannot be regarded as regular assessment. ..... the circumstances of the case, the assessee engaged in purchasing different qualities of tea and blending the same for the purpose of export, is entitled to weighted deduction in the light of section 35b(1a) of the income-tax act, 1961, in respect of the expenditure incurred in connection with its exports for the assessment year 1979-80 (2) whether, on the facts and in the circumstances of the case, the levy of interest under section 215 is ..... crop produced throughout the year in india in the states of assam, west bengal, tamil nadu, kerala and karnataka. ..... true that the blending of ore of diverse physical and chemical compositions is carried out by the simple act of physically mixing different quantities of such ore on the conveyor-belt of the mechanical ore handling plant. ..... best teas from assam known for their strength, brightness and thickness called 'second flush' are produced between mid-may and end-june. ..... it was then observed as follows (see [1981] 47 stc 124, 131 and [1984] 145 itr 394) :'where therefore any commodity is subjected to a process or treatment with a view to its 'development or preparation for the market', as, for example, by sorting and repacking fruits and vegetables, it would amount .....

George P. Varghese and anr. Vs. G. Daniel and ors.

Court : Kerala

Reported in : 1998ACJ585; AIR1998Ker120

..... we are also of the view that sub-section (2)(b) of section 149 of the motor vehicles act is a statutory exception which has been provided by the legislature in its wisdom, enabling an insurance company to avoid liability in spite of ,a policy having been issued on the necessary facts having been established as regards suppression ..... insofar as an indemnification by the insurance company in respect of a policy issued by it as to the use of a motor vehicle, the statute, as already stated, enables it to disown the liability by treating the policy as void if it had been obtained by nondisclosure of ..... award of the tribunal, the owner and driver of the vehicle have preferred the above appeal under section 173 of the motor vehicles act. ..... for the foregoing reasons, we dismiss the appeal, confirm the award of the tribunal and hold that the appellants, the owner and driver of the vehicle, alone are liable to pay compensation awarded in this case together with interest at 12% from the date of filing of the application till the date of realisation, jointly and ..... a car bearing registration number kbv 3496 driven by the second appellant herein negligently and with enormous speed, came from east to west and dashed against him and thereby the accident occurred. ..... case thevehicle was insured earlier up to 31-8-1984 and even though the same was available to be renewed, instead of obtaining a renewal, a fresh insurance policy was taken from 28th of september, 1984, which is the date of the accident. .....

Neeli and ors. Vs. Padmanabha Pillai Narayana Pillai and ors.

Court : Kerala

Reported in : 1993ACJ188; [1993]77CompCas62(Ker)

..... out that section 92a(1) uses the words 'arising out of' and that these words occurred in section 110a of the motor vehicles (amendment) act of 1956 (act 100 of 1956), and that in new india insurance co. ..... amendment to our motor vehicles act, 1939, in 1982 by insertion of chapter viia does not totally abolish the tort liability in regard to motor ..... the said division bench in vilasini's case [1988] 1 klt 915, had taken the view that section 92a of the motor vehicles act, 1939, is retrospective in application and was applicable to cases of accidents occurring prior to october 1, 1982, the date on which section ..... the motor accidents claims tribunal, alleppey, passed an award on january 15, 1983, holding the owner of the vehicle (first respondent) vicariously liable for the negligence of the driver (second respondent) and held that the insurance company (third respondent) was liable ..... (1986)iillj217sc , that the provision was retrospective and applied even to awards passed prior to august 21, 1984, a date appointed by the central government, if the awards had not become final. ..... therefore, considered necessary to amend the act suitably to secure strict enforcement of road safety measures and also to make, as a measure of social justice, suitable provisions first for compensation without proof of fault or negligence on the part of the owner or driver of the vehicle and, secondly, for compensation by way of solatium in cases in which the identity of the vehicle causing an accident is unknown .....

National Insurance Co. Ltd. Vs. Roy George and ors.

Court : Kerala

Reported in : II(1993)ACC259; 1993ACJ343; [1993]77CompCas134(Ker)

..... section 95(2)(a) was amended by the motor vehicles amendment act (56 of 1969) by which the particular coverage under the statutory ..... above contentions, the following points arise for consideration :(1) whether under section 96(6) of the motor vehicles act, 1939, the insurance company is not entitled to take a defence that its liability is to be limited to the statutory liability mentioned in section 95(2) and whether thankamani's case [1984] acj 791 is not correctly decided ? ..... . thankamani [1984] acj 791 (ker), hold that section 147(2) of the motor vehicles at, 1988, is not retrospective, that the liability of the insurance company under section 96(1) is restricted to the statutory liability provided under sectin 95(2) and that the claimants cannot rely on section 96(4) to ..... intended to cover inter alia, cases where the insurer was entitled to avoid or cancel the policy; but even if, in the absence of the words 'if any' after the word 'amount' where it appears for the second time in the sub-section, the verb 'exceeds' is not the most apt to express an 'excess over nil', there are instances, of which costs and interest on the judgment are examples, where the insurer ..... on the other hand, it is contended by sri philip mathai for the respondents-claimants that even if the judgment of this court in thanhamani's case [1984] acj 791 is to be treated as no longer good law in view of the judgment of the supreme court in the two cases referred to above, he could still sustain the award against the .....