Court : Kerala
Reported in : 1953CriLJ966
..... case that sanction of government is necessary for initiating proceedings against the first accused for the alleged offence of assaulting the complainant on the public road after he was arrested and while he was being taken in a motor vehicle to the police station.there is nothing in the complaint to show that the assault on the complainant was occasioned by any attempt on his part either to evade the arrest or to escape from the custody of the ..... we apply these principles to the facts of the case in hand for my part i am unable to say that the alleged acts of accused 1 in belabouring the complainant on the road or causing others to belabour or inflict violence on him at that place or while they were transporting themselves to the police station in a motor vehicle could be claimed to have been done in virtue of his office. ..... for the assault on the complainant on the public road after his arrest and while he was being taken to the police station in the motor vehicle, i am for holding that sanction of government is necessary to prosecute him. ..... (particularly its introduction by way of amendment in 1923) has been held to lend some support to this ..... as regards the second head of claim, the learned judges were of opinion that no notice under section 80, ..... mere fact that an offence is committed by the public servant when he is in office is not enough to attract the provisions of this section (vide - 'superintendent and remembrancer of legal affairs, bengal v. ..... are - 'albert west meads v. .....
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 : 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. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker253
..... mohammad, 1963 ker l j 329 wherein the learned judges had to consider the grant of a permit under the motor vehicles act, the fearned judges have no doubt taken the view that if, among the several reasons given by the authority concerned for making the grant, it is found that some of the reasons are non-existent or some of ..... deposits that are being demanded and realised by the petitioner from the consumers in the area for service connections, suggestions for strengthening of feeders for maintaining proper voltage, as also the advantages to be had by taking a second point of supply at the thashathangadi area.after referring to these points, the superintending engineer states in the minutes that the petitioner pointed out that immediately on receipt of instructions from the electrical inspector regarding the ..... . where power to arrive at a decision was solely left to the court of wards in that case under section 18 of the bengal court of wards act, the supreme court came to the conclusion that so long as the decision of the court of wards is that the act is for the benefit of the property or the advantage of the ward, the grounds for that decision cannot certainly be reviewed by courts.90 ..... . in this connection it may be stated that sub-section (3) of section 4 was introduced by amendment act 32 of 1959 ..... bhopal sugar industries air 1984 s c 1179. ..... he also states that weather permitting, all the defects pointed out are expected to be rectified before the onset of the south-west mansoon. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker218; [1970]26STC45(Ker)
..... the value whereof exceeds rupees five) or the entire goods are not covered by proper documents or that the documents carried by the driver or any other person in charge of the vehicle or vessel are defective or suspects that the documents are bogus or false, the said officer shall immediately issue a notice to the said person to show cause why further steps should ..... act one of which was to devise sufficient safeguards to effectively check and prevent tax evasion, in answer to our enquiries, we were also informed that provision for check-posts and for confiscation of goods, have been incorporated in the sales lax legislations of the states of andhra pradesh, kerala, madras, mysore, orissa and rajas than, and that in the remaining states of this country (except in the state of west bengal ..... law- (a) xxxxx (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest: provided that no bill or amendment for the purpose of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president.' 6. ..... held that subsection (4) of section 41 of the madras act which gave the power of confiscation, and in particular, clause (a) of the second proviso thereof, which ordered recovery of thetax even before the taxable event, namely, a sale of goods had occurred, was clearly repugnant to the general scheme of the act, which was to provide for recovery of tax at .....
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 : 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 : (1984)IILLJ247Ker
..... state of west bengal 1960-1l. l. ..... the letter continued: -as there is unrest among the workmen who are in severe distress i suggest that a direction under section 10-b of the industrial disputes act, 1947, requiring the employer of the said estate to pay each worker an amount equivalent to 4 days wages immediately.i enclose herewith draft notification for the purpose.in pursuance to the above letter, an order under section ..... i therefore request the government to prohibit the continuance of lock-out of the said estate as per section 10(3) of the industrial disputes act, 1947.1 enclose herewith a draft notification for favour of necessary action.immediately on receipt of the letter, quick processing took place in the ..... according to the counter-affidavit:government are fully competent to issue an order under section 10-b of the industrial disputes act if it is expedient to do so for securing industrial peace in the establishment and secure payment of advance by the employer to the workmen who were in utter distress owing to the indefinite lock-out declared by the ..... to the management, the workers picketed the office and obstructed the vehicles engaged in the collection of latex and scrap on 1st january, 1983 ..... is the result of a kerala amendment of the industrial disputes act). ..... supplied)there is then all the difference between 1703 in england and 1984 in india, even in attempting such a 'stirring of points.'42. ..... he was pulled off the motor-cycle and beaten with sticks, hands and slapped with .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker229
..... intended to regulate procedure in the matter of doing justice between the parties, and it is only proper that such a provision be interpreted with reasonable elasticity so as to subserve and advance the cause of justice, sub-section (3) introduced by amending act 104/76 has also expressly introduced the rule of substantial compliance. ..... high court observed : --'the necessary sine qua non of the reference is the basic fact that the application for such a reference must be made in accordance with the provisions of section 18 of the land acquisition act and within the period specified in the first proviso to that section, and if those provisions are not complied with, there cannot be any valid application at all and necessarily if such an application does not exist ..... the last date for making an application under section 20 was 11-4-1973 and in this view, the claimant's second communication dated 25-9-1973 was out of time. ..... the second condition is as to the nature of the objections which may be taken, and the third condition is as to the time within which the application shall be ..... the second aspect deserving notice, and which follows as a corollary to the first, is that the court's jurisdiction rests entirely on a valid reference made under section ..... secondly, that written application should require the collector to refer the matter for the determination of the court, whether the objection he to the measurement of the land, the amount of compensation, the persons to whom it is payable or .....
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