Court : Kerala
Reported in : AIR2000Ker131
..... 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 ..... which is in effect that enactments in a statute are generally to be construed to be prospective, and intended to regulate the future conduct of persons, is deeply founded in good sense and strict justice, and has been acted upon in many cases.....but this rule, which is one of construction only, will certainly yield to the intention of the legislature; and the question in this and in every similar case is, whether that intention has ..... (i) whether the forest land proposed to be used for non-forest purpose forms part of a nature reserve, national park, wildlife sanctuary, biosphere reserve or forms part of the habitat of any endangered threatened species of flora and fauna or of an area lying in severely eroded catchment; (ii) whether the use of any forest land is ..... at the same time, ensuring sustatnable development, this court in our view, can refer scientific and, technical aspects for investigation and opinion to expert bodies such as appellate authority under the national environmental appellate authority act, 1997. .....
Tag this Judgment!Court : Kerala
Reported in : [1999]237ITR706(Ker)
..... first part of the explanation, we will deal with the contention of the assessee regarding the adjustment of arrear depreciation worked out by the assessee pursuant to the introduction of schedule xiv to the companies act with effect from april 2, 1987, based on the guidance notes on accounting for depreciation in companies issued by the institute of chartered accountants of india, new delhi (annexures e and g), and ..... being,-- (i) an individual who is an indian or a person of indian origin, or (ii) a hindu undivided family, there shall not be included in the total income of such assessee, for the purposes of the income-tax act, 1961, any income received by such assessee in the previous year in respect of units acquired by such assessee from the trust out of funds in a non-resident (external) account maintained with any bank in india or ..... ;(b) such machinery or plant is imported into india from any country outside india ; and(c) no deduction on account of depreciation in respect of such machinery or plant has been allowed or is allowable under this act in computing the total income of any person for any period prior to the date of the installation of the machinery or plant by the assessee ; (iv) 'tea board' means the tea board established under ..... shall not include capital gains arising before the 1st day of april, 1946, or after the 31st day of march, 1948, and before the 1st day of april, 1956 ;explanation 2 ..... by the delhi high court in national thermal power corporation ltd. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker61
..... with part ii of these conditions.70.2 : if after the date 28 days prior to the latest date of submission of tenders for the contract there occur in the country in which the works are being or are to be executed changes to any national or state statute, ordinance, decree or other law or any regulation or bye-law of any local or other duly constituted authority, or the introduction of any such state statute. ..... meena vijay khetan, air .1999 sc 2102 examined the scope of sections 16 and 34(2)(a)(iv) of the 1996 act and held as follows :'it will be noticed that under sub-clause 2 (a)(iv) of section 34 the arbitral award may be set aside by the court if the award deals with a dispute not contemplated by or not falling within the terms of ..... by order dated 28-6-2001 the court below dismissed the petition filed by the government of kerala under section 34 of the act and refused to set aside the arbitration award dated 18-8-1999 except with regard to claim no. ..... we may at the out set point, out, before we examine the legality or otherwise of the arbitral award, it is necessary that we may examine the scope and ambit of the arbitration and conciliation act, 1996 and its provisions for proper appreciation of the contentions raised by either side.8. ..... government of kerala then submitted a petition under section 34 of the act before the district court, ernakulam to call for the records leading to the award of the arbitration committee dated 18-8-1999 and to set aside the award with costs throughout .....
Tag this Judgment!Court : Kerala
Reported in : 2000CriLJ968
..... 591it was a part of the american judicial faith that the constitution and nation are one and that it was not possible to believe that national security did require what the constitution appeared to condemn.under our constitution also, the mandate is clear and the envoy is left ..... dated 29-3-1995 passed by government of kerala, home (ssa) department in purported exercise of power conferred under section 3(1)(ii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (in short 'the act') is challenged in this original petition for writ of habeas corpus by the wife of m.c. ..... to when the executive is convicted that such detention is necessary in order to prevent the person detained from acting in a manner prejudicial to certain objects which are specified by the law. ..... the inevitable conclusion is that authorities did not act with the promptitude required in a case of this nature thereby invalidating order of detention.the ..... 'grounds' used in the context of detention in article 22(5) has to receive an interpretation which will keep it meaningfully in tune with contemporary notions of the realities of the society and the purpose of the act in the light of concepts of liberty and fundamental freedoms. ..... it is a general rule, which has always been acted upon by the courts of england, that if any person procures the imprisonment of another he must take care to do so by steps, all of which are entirely regular and, that if he fails to follow every step in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker1
..... in sub-section (1) shall apply in respect of so much extent of land comprised in private forests held by an owner under his personal cultivation' as is within the ceiling limit applicable to him under the kerala land reforms act, 1963 (act 1 of 1964) or any building or structure standing thereon or appurtenant thereto, explanation :-- for the purposes of this sub-section, 'cultivation' includes cultivation of trees or plants of any species, (3) nothing contained in sub- ..... have relied upon it a case inconsistent with that upon which it was founded; nor will he be allowed to go behind an order made in ignorance of the true facts to the prejudice of third parties who have acted on it'.the action on the part of a village officer in collecting the revenue cannot by any stretch of reasoning be regarded as a representation made or stand taken on behalf of the government that it is a land ..... difficult to say that lands cultivated with eucalyptus trees would be lands principally cultivated with agricultural crop coming within the ambit of the term 'agricultural crop' as used in the act, the full bench proceeded further to state thus: 'one should not deviate from the normal rules of stututory construction and refuse to evaluate the meaning of the word 'any other ..... general accident, fire and life insurance corporation (1948) 2 all er 995 at 998:'the first thing one has to do in construing words in a section of an act of parliament, is not to take those words in vacuo, so to speak, and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker38
..... the levy order it is also difficult to say that the cultivator of paddy is not one of the class of producers of food-grains.it was next contended by him that section 3(2)(f) of the act that deals with 'stock' of foodgrains, can refer only to a stage of storage after providing for one's requirements and therefore cannot empower the promulgation of the instant levy order that directs procurement as ..... air 1966 sc 1191 to 'include a two-fold idea of the actual possession of a thing and also of being invested with a legal title' and therefore to construe the expression in section 3(2)(f) of the act a 'person holding in stock', to refer only to a person who has both possession and title to the paddy at hand, and to impose that limitation into the definition of a cultivator in the levy order ..... basis of market value on such anterior date, awards to the expropriated owner a just monetary value of his property at the date on which his interest is extinguished, the provisions of the act arbitrarily fixing compensation based on the market value at a date many years before the notification under section 4(1) was issued, cannot be regarded as valid. ..... , clause 3 of the cotton textiles (control of movement) order, 1948 issued by the central government under sections 3 and 4 of the essential supplies (temporary powers) act, 1946 was challenged on the ground that section 3 of the essential supplies (temporary powers) act, 1946 amounts to delegation of legislative power outside the permissible limits. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker262
..... scheduled tribes are inhabitants of intractable terrain regions of the country, kept away from the main stream of national life and with their traditional moorings and customary beliefs and practices, they are largely governed by their own customary code of conduct regulated from time to time with their own rich cultural heritage ..... it was held that after the amendment under scheduled castes and scheduled tribes order (amendment act), 1976, no subtraction or addition to it by way of declaration of castes, tribes or sub-caste, parts of or groups of tribes or tribal community is permissible and that presidential notification, subject to the amendment by parliament, is conclusive.14 ..... employers of appellants have taken a stand that they were acting on the basis of adjudication made by authorities and, therefore, there is nothing wrong in their initiating action ..... notification issued by president and the act of the parliament under scheduled castes and scheduled tribes order (amendment) act, 1976 and the schedules appended thereto can be looked into for the purpose to find whether the castes, races or tribes are parts of or groups within castes, races or tribes shall be scheduled castes for the ..... tribes are a nomadic class of citizens whose habitats are generally hilly regions or forests and this results in their staying away from the main stream of national life. ..... under amendment act, 1976, again parliament has included or excluded from schedules appended to constitution which are now .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker85
..... the power to award owelty has, from the earlier times, been regarded as necessary to the act of partitioning property; and' the parties to a voluntary partition may agree to the payment of owelty in order to equalize the shares allotted; and, where the matter of making the partition is delegated to commissioners, they have ..... the word 'debt' is defined in the kerala agriculturists debt relief act thus ; 'debt means any liability in cash or kind whether secured or unsecured, due from or incurred by an agriculturist on or before the commencement of this act, whether payable under a contract or under a decree or order of any court, or otherwise ..... under section 55(4)(b) of the transfer of property act is the vendor's charge for unpaid price. ..... that we have taken above, the order has to be and is reversed and the debtors, defendants 1 to 10, are held entitled to the benefits of act 31, of 1958 in regard to the amounts concerned. 10. ..... me relate to owelties of partition and therefore they do not relate to debts and consequently, the kerala agriculturists debt relief act has no application to them. ..... dictionary' (1948 edn. ..... 'transfer of property act', 4th edn. ..... a liability for which a charge as provided in section 55(4)(b) of the transfer of property act does enure. 6. ..... and that the charge for owelty is in substance, a vendor's charge for unpaid price, it is within the exception (vii) in the above definition and is therefore outside the purview of the kerala agriculturists debt relief act, 1958. 8. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker110
..... tarwads in the state of kerala, or at least in north malabar area, possessing net wealth above the limit of four lakhs of rupees, which is the limit of exemption under part i of the schedule of the act in the case of hindu undivided families.if the department set much store by the contention, that such tarwads constitute such an insignificant number that their existence can be ignored, information as to their number at least in this ..... tarwad, does not correspond in all respects to the members of a hindu undivided family, but in our opinion, he has not succeeded in establishing any basis whatever, for distinguishing for the purpose of the act, wealthy undivided families of hindus from similar families of non-hindus.it was then urged by him, that mappila marumakkathayam tarwads constitute only a very small' minority in comparison with the large number of hindu ..... on the principle which was deduced from decided cases, that in a constitution 'general words are intentionally used, so that a constitution may remain useful for all times and the progess of a nation be not halted' and that, if it were otherwise, ''the subject-matter or the field of legislation might have been narrowed down within the restrictions imposed by the particular words'. ..... lay down that it is ''a mere collection of individuals''; according to him, it is 'a peculiarity of hindu society and it cannot be put into the framework of any of the well-known juridical concepts, namely individual person or corp oration. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker198
..... there was thereby an implied prohibition or exclusion of a second revision under section 115 of the code of civil procedure to the high court when a revision has been provided under section 20 of the act in question, when section 18(5) of the act specifically states that 'shall not be liable to be called in question in any court of law' except in the manner provided under section 20, it cannot be said that the high court which is a court of law and which is a civil court ..... mary, 1968 ker lt 583 : (air 1969 ker 103) and the full bench held that since the district court exercising revisional powers under section 20(1) of the kerala act functions as a court and not as a persona designata, the ordinary incidence of the procedure of that court including any right of appeal or revision will be inhered to the decision rendered by the district courl ..... , (1988) 2 kerlt 941 : (air 1989 ker 171), in coming tothe conclusion that a revision will not lieunder section 115 against an order of the districtjudge under section 16(5) of the telegraph act,the learned judge noticed that there is aconflict between the decision in aundalanimal's case, air 1987 sc 203 and the later decision in shyamaraju's case, air 1987 sc 2323. ..... see national telephone co ..... chandrasekhara thevar, air 1948 pc 12 lord simonds on behalf of the board observed at page 14 :'the true rule is that where a legal right is in dispute and the ordinary courts of the country are seized of such dispute the courts are governed by the .....
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