Judgment Search Results Home > Cases Phrase: motor vehicles west bengal second amendment act 1984 Court: kerala Page 3 of about 109 results (0.124 seconds)

Govinda Menon Vs. Varkey and ors.

Court : Kerala

Reported in : AIR1985Ker277

..... this assumption: (1) the reference to any benefits, remedy and right conferred by the principal act, as amended by act 25 of 1971, was clearly wrong, as the provisions in section 108(3) of acl 35 of 1969, (the amending acl) have been amended retrospectively from 1-1-1970 by section 22 of act 25 of 1971, and, therefore, the reference to the benefit, remedy and right was really with respect to the amended act, not to the principal act as amended by act 25 of 1971, as wrongly assumed by the division bench; and (2) the assumption of ..... second point of law raised in the appeal: (a) whether the amount representing the purchase money with interest thereon deposited by the respondents-tenants could be treated as sufficient compliance for an application under section 6(2) of the temporary act; and (b) whether a deposit of purchase money with interest thereon made or deemed to have been made for the purpose of section 6(2) of the temporary act would be sufficient for the continuance of the proceedings under section 13-b of the amended act ..... earlier decision of the supreme court in air 1969 sc 1273, and held as follows :'here, before us, the rent for the months of february, march and april, 1984 was deposited by the tenant to the credit of the landlord in the very court of the rent controller in which the landlord subsequently filed the eviction petition. ..... west bengal, air 1968 sc 162 reading :'it is true that whether a different intention appears or not must depend on the language and content .....

Minimol Vs. Anil Kumar

Court : Kerala

Reported in : AIR2004Ker107; I(2004)DMC249; 2003(3)KLT1143

..... 1560, the supreme court considered the question whether the right of appeal against an application disposed of under the motor vehicles act, 1988 will survive even after its repeal by the new act and held that right of appeal will survive. ..... , air 1957 sc 540, it was held as follows:'(23) from the decisions cited above the following principles clearly emerge: (i) 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 proceeding.ii) the right of appeal is not a mere matter of procedure but is a substantive right, (iii) ..... though pending proceedings before the civil court shall be transferred to the family court there is no provision under the family court act to deeming the decisions already passed by the civil court as passed by the family court for the purpose of filing ..... appeal as provided under section 19 of the family court act, 1984 (hereinafter referred to as 'the act') if the family court was established before the appeal period was over, is the question ..... (1999 (2) klt 245) wherein on identical provisions in recovery of debts due to banks and financial institutions act, 1993 this court held that if a suit filed by the bank for recovery of the amounts exceeding ..... the full bench was considering the question whether the tribunal constituted under that act has got jurisdiction to set aside an exparte order which was passed by a civil court before .....

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Reported in : (2010)ILLJ279Ker

..... as an arrear of land revenue or under section 45-c to section 451.explanation - in this sub-section, 'scheduled bank' means a bank for the time being included in the second schedule to the reserve bank of india act, 1934 (2 of 1934).regulations 29 to 40 of the general regulations deal with the mode of payment of contributions, time for payment of contribution, interest on contribution, refund of contribution ..... quilon, kundara, chathannur,kottarakkara, punalur andsasthacotta in quilon district-------------------------------------------------------------------------(ii) restaurants; (3) alleppey, kayamkulam andshertailai in alleppey district-------------------------------------------------------------------------(iii) shops (4) kottayam town in kottayamdistrict-------------------------------------------------------------------------(iv) road motor transport (5) ernakulam and cochin inestablishment ernakulam district-------------------------------------------------------------------------(v) cinema including preview (6) trichur town in trichurtheatres; district-------------------------------------------------------------------------(vi) newspaper establishments as (7) palghat town in palghatdefined in section 2(d) of the districtworking journalists ..... west bengal ..... shall not be more than the rates which were in force immediately before the commencement of the employees' state insurance (amendment) act, 1989. ..... esic : air 1984 sc 1680 : (1984) 4 scc 324 : 1984 ii llj 475 .....

State of Kerala and anr. Vs. I.T.C. Limited and ors.

Court : Kerala

Reported in : [2002]127STC409(Ker)

..... 401 and such measures need not comply with the requirement of proviso to article 404(b) of the constitution, on the facts of the above case, it was held that the taxes imposed under the rajasthan motor vehicles taxation act, are compensatory taxes which do not hinder the freedom of trade, commerce and intercourse assured by article 401 and hence, the ..... we, therefore, agree with the view taken by the learned single judge that the impugned provisions under section 4a of the kerala tax on luxuries act, 1976 and schedule thereto as amended by the kerala finance bill, 1994 are unconstitutional being violative of article 401 of the constitution even though the contention against the legislative competence has to be rejected.in the result, all the four ..... were companies, which carried on the trade of tea in assam and in west bengal. ..... in the original petitions was against the provisions of the kerala finance act, 1994 to the extent it had amended kerala tax on luxuries in hotels and lodging houses act, 1976. ..... the article further provided that no bill or amendment for the purposes of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of ..... other consequential amendments were made in the act as well as in ..... it was also contended that the amended provisions are violative of articles 19(1)(g) and 14 ..... the amended provisions made cigarettes liable to luxury tax at the rate of 5 per cent on the value of the commodity charged, received or receivable at the .....

Hotel Elite and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [1988]69STC119(Ker)

..... considering the validity of the punjab motor vehicles taxation act as amended in 1981 levying rs. ..... a notification issued by the government of tamil nadu under section 4(1) of the madras motor vehicles taxation act, 1931 substantially enhancing motor vehicles tax on contract carriage vehicles leaving out stage carriage vehicles was upheld by the supreme court in g.k. ..... :just as the classification made under the proviso in question in krishna iyer's case (1956) 2 mlj 179 was not found to have had any reasonable basis, having a just and reasonable relation to the object of the act; in the cases before us also we have not been able to find any reasonable basis for the classification based on the place where the articles of food and drink are sold, having any reasonable nexus ..... 1,500 per year on motor vehicles used as goods carriers, the supreme court held in malwa bus service (p. ..... 35,000 as annual tax on motor vehicles used as stage carriages, but only rs. ..... we therefore hold that the levy on cooked food as per entry 57 of the first schedule and the levy on liquor as per entry 4 of the fifth schedule to the act as amended by the kerala finance act 18 of 1987 are perfectly valid and the challenge against the same as violative of article 14 is clearly unsustainable.13. ..... it was only the validity of the second of the classifications that was challenged before the learned judges as can be seen from pages 351 and 352 of the report. ..... chairman, bihar state electricity board air 1984 sc 657. .....

AshA. P. D/O K. Ponnamma Vs. State of Kerala Rep. by Secretary and ors ...

Court : Kerala

..... qualified for selection and appointment on the date they applied for the post, moreover as the process of selection had already commenced when the amending rules came into force, the amended rules could not affect the existing rights of those candidates who were being considered for selection as they possessed the requisite qualifications prescribed by the ..... scales, diversification of cadres may form part of the general recruitment and conditions of services falling within the spheres of the governor's rule-making power under article 309 read with the second part of article 233 or may even be made the subject-matter of legislation by the competent legislature in exercise of its legislative powers under entry 41 of list ii or for that matter ..... even in the absence of the words which were inserted by the amendment act of 1964 in section 15(2)(b), the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and ..... reiterate that the petitioner in his case had completed thirtyfive years of age prior to the last date for receipt of applications as per the notification and accepting that the amendment was having retro-active operation, in the wake of the decision of the apex court in so far as the apex court had not stipulated the time at which ..... motor vehicles branch) (recruitment) rules, 1962 prescribed diploma in automobile engineering or mechanical engineering as the minimum qualification for appointment of motor vehicle ..... 1984 .....

C. Pitcheiyan and Etc. Vs. Regional Manager, Co-optex, Kochi and ors.

Court : Kerala

Reported in : AIR1999Ker328

..... article 226(2) as amended by the constitution (forty-second amendment) act, 1976 is asfollows :'(2) the power conferred by clause (1) to issue directions, orders or writs to any government, authority or person may also be exercised by any high court exercising jurisdiction in relation to the territories within which the cause ..... properties, air 1985 sc 1289 the supreme court observed while dealing with the territorial jurisdiction of the calcutta high court to entertain a writ petition against a notice issued under section 52(2) of the rajasthan urban improvement act (35 of 1959) to the owner of a land situated in the state of rajasthan thus (para 8):'in other words, it is a bundle of facts which taken with the law applicable to them gives the plaintiff a right to relief ..... within the territorial limits of the state of west bengal, could not give rise to a cause of action within the territory unless the service of such notice was an integral part of the cause ..... if further said that the notification dated 8th february, 1984 issued by the state government under section 52(1) of the act became effective the moment it was published in the official gazette as thereupon the notified land became vested in the state government free from ..... the mere service of notice under section 52(2) of the act on the respondents at their registered office at 18-b, brabourne road ..... of action culminating in the acquisition of the land under section 52(1) of the act arose within the state of rajasthan i.e. .....

Mariam Vs. Narayanan Thrathar Nambooripad

Court : Kerala

Reported in : AIR1965Ker55

..... in state of west bengal v. m/s. b. k. ..... the result is, that the decree under appealis affirmed and this second appeal dismissed, i donot allow costs to the plaintiff in this court, asi am of the view, that the plaintiff paid the taxmore to support his alleged title to the property,than to save it from being lost by sale ..... the first contention in second appeal was that the claim for reimbursement is not sustainable, whether under section 69 or section 70 of the indian contract act. ..... for the application of section 82 of the transfer of property act, the plaintiff and the defendants are to be considered as owners of distinct portions of the property which is liable for as common debt and the plaintiff to be regarded as suing for contribution. ..... d.7, the plaintiff trying to recover the property, alleging in the first suit, that it was held by the first defendant as an accession to the mortgaged property and in the second suit as a lessee. ..... this second appeal arises outof a suit to recover the sum of rs. 94. 8 ..... section 69, of the contract act is as follows:'a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other ..... the right to a charge for the amount claimed was based on section 82 read with section 100, and on section 92, of the transfer of property act. ..... it would thus benoticed that this requirement affords sufficient andeffective safeguard against spurious claims basedon unauthorised acts. .....

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... amendments were introduced by the impugned act into motor vehicles act, 1939 in its application to central provinces and berar by section 3 of the amending act ..... carrying on business as stage carriage operator for a considerable number of years under permits granted under section 58 of the motor vehicles act, 1939 as amended by the c.p. ..... all wills and codicils made by any hindu, buddhist, sikh or jaina, on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenant governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at madras and bombay; and (b) to all such wills and codicils made outside those territories and limits so far as ..... complained of to invoke the power of this court under article 226 of the constitution of india.e) as christians, the petitioners have a right to challenge the validity of the section, provided they satisfy the second limb that any one of his legal right is threatened to be invaded, restricted or prohibited.f) this is an enactment covered by article 372 of the constitution and has not been altered ..... of sections 34,35,37,39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in west godavari district was challenged. ..... , (1984) 1 scc 81 .....

Khan Bahadur Chowakkaran Keloth Mammad Keyi Vs. Wealth Tax Officer, Ca ...

Court : Kerala

Reported in : AIR1966Ker77; [1966]60ITR737(Ker)

..... neither the muslim personal law (sharial) application act (central xxvi of 1937) nor its madras amendment by act xviii of 1949 had any effect on the rights and incidents of mappila tarwad (see puthiya purayil ..... and dayabhaga joint families, but also all undivided families of hindus, such as, namboodiri makkathayam families, hindu warumakkathayam tarwads, such as nair and 'ezhava tarwads, that they are being assessed under the act as 'hindu undivided family', that non-hindu undivided families are comprehended by the term 'individual' and are being assessed as such, and that in any event moplah marumakkathayam tarwads are so insignificant in ..... alternatively, that if non-hindu undivided families as aforesaid are looked upon as groups of individuals and therefore comprehended by the term 'individual', 'these families have been discriminated against by reason of the schedule of the act, part i, paragraph a, which has prescribed a lower limit of exemption for 'individual' as against ahigher limit for 'hindu undivided family' and that, if for that reason, non-hindu undivided families are excluded ..... india, : [1950]1scr869 , state of west bengal v, anwar ali, : 1952crilj510 and ram ..... wealth tax officer, : [1965]56itr224(sc) , and only the second remained open to the petitioners and was pressed before us, not to mention the ..... provided further that no allowance under this clause shall be made in respect of any machinery or plant which consist of office appliances or road transport vehicles. .....