Court : Kerala
Reported in : AIR1982Ker156
..... provided that the tax due to the state of kerala in respect of public carrier goods vehicle covered by national permit issued by competent authorities of other state/union territories in india in pursuance of sub-section (11) of section 63 of the motor' vehicles act, 1939 (central act iv of 1939) shall be paid by crossed demand drafts drawn in favour of the secretary, state transport authority, kerala, trivandrum and payable at tri-vandrum from any one of the ..... this exemption was granted under the provisions of the earlier enactment, kerala motor vehicles taxation act, 1963, which was in force in the state till it was replaced by the kerala motor vehicles taxation ordinance, 1975 (ordinance 9 of 1975) promulgated by the governor and was effective ..... held that notwithstanding the date of publication of the statutory notification under the andhra pradesh general sales-tax act, 1957 given as 1-12-1966, the amendment brought out thereunder could be effective only from 12-12-1966, the earliest point of time when the affected persons could actually receive ..... (a concession which we note, has been rightly made, and we therefore record it for the sake of clarification relating to the constitutional issue) that any operator would be entitled to claim exemption even for the second month or the second and third months, though prima facie the wording of the section would not take in such cases for exemption. ..... , jalalbad, 1952 scr 572 : (air 1952 sc 115) (a) and again in bengal immunity co. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker132
..... proviso to section 1(2) of act 35 of 1969 makes it clear that any reference to the commencement of the act in relation to a provision amended, substituted or inserted by the said amending act shall be construed as the date on which act 35 of 1969 came into ..... is allowed to become final it is equally binding as a right decision state of west bengal v. ..... reached the present form by amendment and substitution by act 35 of 1969 on ..... the two objections raised were that the termination was after the act came into force and possession did not continue after termination and therefore the ..... even when the second appeal was first argued the question ..... the respondent before the land tribunal for rent under section 26 of the kerala land reforms act was dismissed for the reason that ext. ..... is hit by section 74 of the kerala land reforms act.the names and other details of the applicant or respondent ..... also, the benefit is not available.second appeal is dismissed. ..... now stands, a person in possession of immovable property in any area in the state to which the malabar tenancy act, 1929 extended, whether as mortgage or otherwise, shall be deemed to be a tenant if(a) the property consists of agricultural land;(b) he or his predecessor held the land as tenant on or after 1-12-1930; and(c) the tenancy was terminated after 1-12-1930 and before the commencement of the act but possession continued uninterrupted.9. ..... was not raised before the trial court, appellate court or in the memorandum of second appeal. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker202
..... no interference with trade, commerce or intercourse and that the tax is for the general revenue purpose of the state and falls upon passengers and goods carried by motor vehicles within the state; end ultimately iheir lordships came to the conclusion that the levy of tax cannot be said to offend articles 301 and 304 of the constitution.95. ..... specified is a point of purchase, the buyer shall be liable for the tax on the turnover for which the goods are bought by himat such point'.sub-section (2) of section 27 of the amending act, provided that the amendment incorporated by sub-section (1)shall be deemed to have come into force on the 1stoctober 1957 and sub-section (3) validates all notifications issued on or after 28th september 1957 by the government in exercise ..... 1962 sc 1406), their lordships had to consider the attack based upon articles 301 and 304 of the constitution on therajasthan motor vehicles taxation act, 1951 (rajasthan act xi of 1951).97. mr. ..... towhether the west bengal land requisition and acquisition act, act 2 of 1948, can be considered to be 'an existing law' by reason of its life having been extended by en ordinance and an act of 1957. ..... has been filed on behalf of the respondent, the sales-tax officer, special circle, though the state government, which is the second respondent has not, as such filed any counter-affidavit. ..... by the state, which is the second respondent in this writ petition.22. ..... filed by the state, which is the second respondent in this writ petition.11. .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT303; (2007)7VST293(Ker)
..... in order to curb the evasion of sales tax on motor vehicles purchased from outside the state and brought into the state, government have decided to levy a tax on entry of such motor vehicles into the state, either for use or sale, which are liable for registration in the state under the motor vehicles act, 1988 (central act 59 of 1988).subsequently the act was amended, vide finance act, 1996 (act 23 of 1996) for the purpose of bringing in various goods within the umbrella of the act. ..... the court considered the validity of the notification dated 23.03.2002 issued by the state of jharkand by which 2% entry tax on the imported coal which the company had imported from australia and new zealand to haldia (west bengal) and paradip (orissa) as per contracts executed between the parties was imposed. ..... bihar ordinance was replaced and another ordinance by name bihar taxes on entry of goods into local areas for consumption, use or sale thereof ordinance 1993 was issued and the second ordinance was made and an act in the name and style of 'bihar taxes on entry of goods into local areas for consumption, use or sale thereof act, 1993. ..... secondly, the ban under article 303 (1) shall stand lifted even if discriminatory restrictions are imposed by the state legislature provided they fulfil the following three conditions, namely, that such restrictions shall be in public interest; .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ909
..... from section 8 of the criminal law amendment act, 1952 (in short 'amendment act, 1952) which is reproduced below:8 ..... of the governor-general under the next succeeding section, have effect accordingly.sub-section (3) of section 18 is most important for our present purpose, and it lays down:save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as applicable and with the necessary adaptations, continue as the law of each of the new ..... with the omission of the words 'for the space of not more than six months from its promulgation' therefrom during the period specified in section 3 of the india and burma (emergency provisions) act, 1940 and the ordinance in question was therefore not limited to the space of not more than six months from the date of its promulgation but was perpetual in its duration with the result ..... good government of british india or any part thereof, and any ordinance so made shall for the space of not more than six months from its promulgation, have the like force of law as an act passed by the indian legislature : but the power of making ordinances under this section is subject to the like restrictions as the power of the indian legislature to make laws : and any ordinance made ..... court in the state of west bengal v. s.k. ..... section 3 refers ney or property procured by means of the alleged offence the second part refers to any other property of the accused. ..... vehicle .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... 45-a rent paid or deposited after the 19th may, 1967 (the date on which the kerala stay of eviction proceedings ordinance 4 of 1967 came into force) and before the commencement of the amending act towards rent accrued due before the 1st day of may 1966 is, notwithstanding any contract or judgment, decree or order of any court or land tribunal, to be adjusted to the rent accrued ..... it is said that the effect of 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 after that decision must be assayed in the light of part iii ..... the fair rent when fixed will operate from the date of the application and therefore the result of the reduction made by the amended act will be that the rent payable to the landlords for the period before the acquisition of their lands will be reduced, any rent paid in excess of the fair rent as determined being ..... it is contended that, in so far as the amended act provides for the acquisition of land within the original ceiling area (namely, of the difference between the two ceiling areas), the second proviso to clause (1) of article 31-a requires the payment of compensation at a rate not less than the market value so long as the land is held under personal cultivation, but it is clear ..... west bengal ..... motors .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker389
..... in the two cases referred to were taken to be correct, picketing in connection with an illegal strike would not be justified and in so far as section 7 of the criminal law amendment act made such picketing illegal, that section could not be deemed to lay down an unreasonable restriction. ..... law amendment act and the further acts prohibited by it, their lordships observed :-- (at page 58)'it may be that prohibition of some of these acts is ..... out fully in the earlier part of this judgment, (iii) we issue a writ of mandamus to the election commission to entertain complaints, if made, of violation of section 29a(5) of the representation of the people act, 1951 by any of the registered political parties or associations, and after a fair hearing, to take a decision thereon for deregistration or cancellation of registration of that party or organisation, if it is warranted by ..... available effective and adequate police protection in all the relevant areas all over the state to run the buses in convoy system with police vehicles and personnel deployed as pilots and escorts maintaining effective wireless communication with the relevant police circle headquarters, sub-divisional headquarters, district headquarters. ..... if motor vehicles could not be taken out due to the strike of ..... action under the penal law including the prevention of damage to public property act, 1984, the state can also sue the wrong doers and their instigators for ..... the danger of the second possibility becoming actuality ..... second .....
Tag this Judgment!Court : Kerala
Reported in : (2000)ILLJ771Ker
..... (1998-i-llj-363) (sc) while dealing with the provisions of motor vehicles act as well as the workmen's compensation act, 1923, the supreme court reiterated that the relevant date for determination of compensation, payment of interest and penalty is the date ..... the applicability of the provisions contained in section 140 of the motor vehicles act, 1988 the full bench of this court in oriental insurance ..... 1992 2 klt 807, a full bench of this court held that the non-fault liability introduced under section 92-a of the motor vehicles act, 1939, was held to be a substantive law. ..... , however, did not grant the benefit of interest under section 4-a(3)(a) of the act as amended by act 30 of 1995, whereby for belated payment, interest has to be given by the ..... the motor vehicles act, 1988 as well as the workmen's compensation act have created new rights to the victims and their legal representatives ..... their contention that the learned judges did not consider the various provisions of law and the effect of the amendment act and well laid down rules of interpretation, while deciding civil appeal nos. ..... not award compensation or interest or penalty as per the amending act, but only applied the law which was in force as on july 26, 1984. ..... driver of the vehicle owned by the second respondent. ..... in an accident which occurred on august 11, 1987 while he was working as driver in the bus klm 6756 under the second respondent. ..... relationship was admitted by the second respondent. ..... second respondent was the owner .....
Tag this Judgment!Court : Kerala
Reported in : 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951
..... (1998-i-llj-363) while dealing with the provisions of motor vehicles act as well as the workmen's compensation act, 1923, the supreme court reiterated that the relevant date for determination of compensation, payment of interest and penalty is the date of accident. ..... while considering the applicability of the provisions contained in section 140 of the motor vehicles act, 1988 the full bench of this court in oriental insurance co. ..... padmanabha pillai 1992 (2) klt 807, a full bench of this court held that the non-fault liability introduced under section 92-a of the motor vehicles act, 1939, was held to be a substantive law. ..... the motor vehicles act, 1988 as well as the workmen's compensation act have created new rights to the victims and their legal representatives to claim compensation. ..... it is also their contention that the learned judges did not consider the various provisions of law and the effect of the amendment act and well laid down rules of interpretation while deciding civil appeal nos. ..... supreme court did not award compensation or interest or penalty as per the amending act, but only applied the law which was in force as on july 26, 1984. ..... he was the driver of the vehicle owned by the second respondent. ..... he sustained injury in an accident which occurred on august 11, 1987 while he was working as driver in the bus klm 6756 under the second respondent. ..... employer and employee relationship was admitted by the second respondent. ..... second respondent was the owner of the bus. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker57; 2006(4)KLT405
..... have already found that a decision rendered by single judge is to be treated as a decree, judgment or order passed by the single judge under section 3( 13)(b) of the kerala high court act and not as one rendered under the land acquisition act or motor vehicles act ..... of the kerala high court act is maintainable from the judgment, decree or order passed by a single judge under section 3(13)(b) of the high court act after 1.7.2002 in view of the amended section 100a of the code of civil procedure inserted by act 22 of 2002.the observations of the full bench as reproduced above thus clearly manifest that the right earlier available to a party to file appeal under section 5(ii) of the kerala high court act has been taken away by the amendment act 22 of 2002 ..... the supreme court further held that,the legal pursuit of a remedy suit, appeal and second appeal are really but steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceedings...the right of appeal is not a mere matter of procedure but is a substantive right.....the institution of ..... defendant failed to pay the instalment amounts from 20.5.1984 and the plaintiff took custody of the vehicle and it was sold for an amount of ..... defendant, however, on the strength of the letter written by adams on 29.12.1978 tried to make the property as his own, thus constraining the plaintiff to file a suit for injunction (o.s.no.173 of 1984, originally numbered as os 648/1982) which was pending. .....
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