Court : Kerala
Reported in : AIR1979Ker68
..... that where the annual value of any land or building is attributable partly to the use of such land or building or any portion thereof for the display of any advertisement or advertisements and tax is levied under this act in respect of such advertisement or advertisements, the annual value of such land or building for the purpose of assessing the property tax thereon shall be ascertained as if such land, building or portion is not used for ..... the petitioners submit that except in cases where the assessing authority considers the annual value fixed by the concerned local authority to be too low, the procedure for so called 'assessment' prescribed under the act involves nothing more than a mechanic cal adoption by the assessing authority of the fixation of the 'annual value' made by some extraneous authority and the making of an arithmetical calculation by multiplying such annual value ..... contention the petitioners have produced copies of two notifications issued by the ministry of finance (department of economic affairs) dated 29th july 1974 which show that the rate of interest allowed in respect of national savings certificates in 1974 was 10j per cent per annum. ..... is not open to the legislature to lay down such a mode of computation of capital value which has no reasonable relation to the realities pertaining to the interest rates prevailing in respect of sound securities like national savings certificates and bank deposits. ..... nationalised banks and national savings certificates etc. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker1; [2006(2)JCR276]; 2005(4)KLT119
..... it offends the constitutional provisions guaranteeing fundamental rights, as found above and is thus ultra vires to the constitution of india and when it does not have existence at all in the eye of law in the wake of enforcement of act 11/96, no one can seek a declaration that he/she belongs to scheduled caste or scheduled tribes on its basis, nor can he/she seek a direction to the authorities to issue community certificate showing him/her as belonging to ..... of the constitution of india provide for establishment of national commissions for scheduled caste and scheduled tribe ..... . the kerala (scheduled castes and scheduled tribes) regulation of issue of community certificates act, 1996, is an act enacted to provide for and to regulate the issue of community certificates to members of the scheduled castes and the scheduled tribes ..... punit rai's case, supra, the court held, placing reliance on section 106 of the evidence act, when any fact is especially within the knowledge of the person, the burden of proving the ..... if the petitioner is so advised, she may make an application under the provisions of act 11 of 1996 in the event of which the same would be considered in accordance ..... it is no longer relevant now for determination of caste status or for the purpose of issuance of community certificates, because of the enforcement of the kerala (scheduled castes and scheduled tribes) regulation of issue of community certificates act, 1996 (act 11 of 1996 hereinafter referred to with this number) .....
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT731
..... , plachimada, kannimari, perumatty grama panchayat,chittoor taluk, palakkad district.notice issued under section 240 of the kerala panchayat raj act, 1994 and the rules, by the special grade secretary of perumatty grama panchayat.as ground water is excessively exploited for the use of hindustan coca-cola beverages bottling plant run in plachimada and as a result, acute drinking ..... athavale, emeritus scientist of the council of scientific and industrial research, national geophysical research institute, hyderabad on the water management at the coca-cola plant at mollathara village in palakkad/district ..... everygeneration owes a duty to all succeeding generations to develop and conserve the naturalresources of the nation in the best possible way. ..... though ground water is not expressly mentioned, section 218 of the act makes the panchayat, the custodian of all natural water resources. ..... rivers, forests, minerals and such other resources constitute a nation's natural wealth. ..... ground water is a national wealth and it belongs to the entire society ..... it has no legal right to extract this much of national wealth. ..... the government felt that the panchayat should act after getting expert opinion on the disputed points ..... 3 under the third schedule to panchayat raj act namely 'maintenance of traditional drinking water sources' and that of the state of article 21 of the constitution of ..... it is in the interest of the nation. ..... the kerala ground water (control and regulation) act, 2002 has not so far been enforced .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT362
..... paragraph 1 of the instructions, as initially issued, inter alia provided that 'with effect from 1st april 1948 in supersession of all previous orders on the subject, the entitlement to disability and family pension, children's allowance and death gratuities will be governed by the following ..... the respondent was enrolled in the corps of signals, indian army on december ..... under section 192 the central government can 'make regulations for all or any of the purposes of this act other than those specified in section 191'. ..... the parliament enacted the army act, 1950 to make the provisions self-sufficient and to ensure that these were in conformity with the 'new constitutional set up and present ..... inter alia provides for the discharge of 'persons enrolled under the act, who have been attested ......... ..... of judicial review 'is rather limited as the high court does not act as the appellate authority'.10. ..... - a person subject to the act may be released from the service in accordance with the release regulations for the army or in accordance with any other regulations, instructions or orders made in ..... of the act empowers the central government to 'make rules for the purpose of carrying into effect the provisions of this act'. ..... requires that the rules and regulations 'shall be published in the official gazette and, on such publication, shall have effect as if enacted in this act'. ..... can inter alia provide for 'the removal, retirement, release or discharge from the service of persons subject to this act'. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker46; 2006(1)KLT294
..... citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.part iv-a on fundamental duties has been added by the constitution (42nd amendment) act, 1976 in accordance with the recommendations of the swaran singh committee bringing the constitution in line with article 29(1) of the universal declaration of human rights and the constitutions of china, japan and u.s.s.r.the mandate ..... . emphasis on open air and greenery has multiplied and the city or town planning or development acts of different states require even private house owners to leave open space in front and back for ..... from the decisions referred to above, it becomes apparent that:(i) the municipal authorities are supposed to act as trustees and should see to it that the property which vests in it is used for the benefit of the residents of the city it governs; and(ii) if open spaces are sought to be used in a way which would result in ..... it was held that the land acquired by those statutory authorities under the land acquisition act, for the construction of residential buildings, cannot be used for that purpose, as the question was already covered by a notification, notifying it ..... as documented in the national environment policy of india.in a sense the problem is a part of a larger problem--that of rendering big government more responsive to the needs of the individuals whom it governs.the remarks of justice felix frankfurter addressed to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker385
..... from today and direct the 3rd respondent director general of police, thiruvananthapuram, to issue instructions to his subordinates to take appropriate and immediate measures to prosecute all persons found smoking in public places treating the said act as satisfying the definition of 'public nuisance' as defined under section 268 ipc, in the manner indicated in this judgment by filing a complaint before the competent magistrate and direct all other respondents to take appropriate ..... public information on tobacco and health issues with the active involvement of health professionals and media; (vii) to monitor trends in smoking and other forms of tobacco use, tobacco-related diseases and effectiveness of national smoking control action; (viii) to promote viable economic alternatives to tobacco production, trade and taxation; and (ix) to establish ..... it has been commenced by dale sandler of the national institute of environmental health studies in the united states that the potential for damage from passive smoking may be greater than has been ..... direct health implications of tobacco use, the hazards faced by those engaged in the plucking and curing of tobacco leaves have been highlighted by researchers of the ahmedabad-based national institute of occupational health. ..... is a party to 16 or so resolutions adopted by the world health organisation since the 1970s, particularly the oneadopted in 1986 which urged member-countries to formulate a comprehensive national tobacco control strategy. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker54
..... court is only enabled to accept the certificate of registration endorsed by the registrar under section 60 of the registration act, 1908, as sufficient proof of the facts mentioned in the endorsements referred to in section 59, that is to say, matters made mention of in sections 52 and 58 of that act; the court is not bound to accept the same as sufficient proof, but can insist upon better evidence (as was done by the lower court in the case on hand-- ..... 2 in sumathy amma's case 1964 ker lt 945 are sufficient to repel the argument, for this is a case, as already pointed out, where the impugned documents have to be proved as required by section 68 of the evidence act, 1872.in the result, we confirm the preliminary judgment and decree under appeal and dismiss this appeal. ..... in such a case, with the aid of illustration (e) of section 114 of the evidence act, 1872 the court could also presume that the official act of registration has been regularly performed and that the facts mentioned in the endorsements have occurred ..... us to hold that the defendants have discharged their onus to prove animus et factum (combination of intention with the act) on the part of muhammad ghani rawther to gift the properties to the respective executees under the various impugned documents by the endorsements made on these documents by the registrar, and in that connection reliance was placed by him on sections 52 and 58 - 60 of the registration act, 1908 as also on the decision of raman nayar, j. ..... air 1948 pc .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker256
..... the crediting of the proceeds of cess to consolidated fund of india and the application thereof (section 8), the powers of entry conferred on officers or authorities of the state government for carrying out the purpose of the act (section 9), provision for interest payable for delay in payment of cess (section 10), the penalty for nonpayment of cess within the specified time (section 11), and the recovery of amount due under the ..... the writ petitions sought diverse reliefs; and raised before the learned single judge three points :(i) the pulp division is not a 'specified industry' within the meaning of section 2(c) of the act, and no cess can consequently be levied in respect of that division under section 3; (ii) the proceedings of the appellate committee are vitiated by legal bias; and (iii) rule (6) of the water (prevention and control of pollution) cess ..... the federal water pollution control act of 1948, the water quality act of 1965, the water quality improvement act of 1970 and the federal water pollution control act amendments of 1972. ..... five per cent of the nations in the world have watery coasts ..... the 1972 united nations' conference on the human environment at stockholm in june 1972, was as important landmark in such ..... observed in the article 'overlapping international and european laws' :'environmental protection has become a fertile source of laws, international, european and national, since the u.n. ..... president kennedy described water pollution as a national disgrace. as h.b.n. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker241
..... so ready with the vehicle, as if each of the is ready with the vehicle of the type and seating capacity mentioned in the respective application as required by section 49 of the act, the latter not ready with the vehicle is adjudged as more qualified and suitable, the state transport authority can and shall sanction grant of permit to the latter in preference to the ..... 'heprescribed period, produce thecurrent records of the vehicle'including the certificate of registration,certificate of fitness, certificate of insurance, evidence for payment of lax dueunder the provisions of the relevanttaxation act and a certificate from theregistering authority concerned to theeffect that the vehicle in respect ofwhich the permit is to be issued, conforms to the description, requirementregarding the seating capacity, standardsof comforts ..... a 'tourist vehicle' as per section 2 (29a) of the art being a contract carriage and since section 63 (7) in terms says that among other sections of the act, sections49 to 51 shall apply in relation to an all-india tourist-vehicle-permit, it can safely be said that section 49 governs the petitioner's application for permit; section 50 prescribes the ..... that decision concerned grant of 'national permit under section 63 (11) of the act, under sub-section (11) of section 63 the appropriate authority may, for the purpose of encouraging long distance inter-slate road transport, grant, in a slate, national permits to the owners of motor vehicles who use, or intend to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker341
..... b clearly shows that the first respondent has applied his mind to these aspects before reversing the order of the regional transport authority.section 64-a of the motor vehicles act gives power to the state transport authority either on its own motion or on application made to it to call for the record of any case in which an order has been made by a regional ..... expression of its opinion and not the determination of a fact upon which depended its jurisdiction to exercise its powers under section 64-a'.their lordships further considered the scheme of the act and the several functions to be performed by the regional transport authority, the board and the state government in the matter of granting or refusing to grant a permit. ..... government to interfere and revise the orders of subordinate authorities was more or less substantially the same as the powers given under the present section 64-a of the motor vehicles act on the-state transport authority.the only material difference is that the madras-act gave an additional power to the state government to interfere if in its opinion the order was considered to be not regular also. ..... that order has been passed within the powers vested in the state transport authority under section 64-a of the act and the said order is in no way mala fide.the said order has been passed in accordance with law by the first respondent after ..... the scope of the powers conferred on the state government by virtue of section 64-a inserted by madras act xx of 1948. .....
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