Court : Kerala
Reported in : 2006(2)KLT612
..... qualification from any authority in any state or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under the act or fall short of the standards required thereby, or(b) that an institution recognised by a state council for the training of nurses, midwives or health visitors does not satisfy the requirements of the councilthe council may send ..... of study, training and examinations to obtain a recognised qualification from any authority in any state are not upto the mark in terms of the regulations framed under the act, the executive committee, after hearing the views of all concerned, order that the qualifications granted by that authority only upto a particular date, shall be recognised. ..... of the learned senior counsel for the petitioner that the field is already occupied by a central legislation and therefore, section 26 of the state act and rules 83 and 84 of the rules, framed thereunder, concerning recognition/ approval of a nursing institution, are void, cannot be accepted. ..... -section (1) thereof provides that the qualifications included in part i of the schedule of the act shall be recognised qualifications and those included in part ii of the schedule shall be recognised ..... by virtue of the regulation making power contained in section 16(1) of the above said act, the central council may prescribe the physical and clinical facilities that may be provided in .....
Tag this Judgment!Court : Kerala
Reported in : (1996)132CTR(Ker)464; [1996]222ITR211(Ker)
..... the facts and in the circumstances of the case, the tribunal was right in holding' that for the purpose of working out the capital gains under section 48 of the income-tax act, 1961, the consideration received by the assessee and other co-owners by the sale of the property measuring 4 acres 83 cents should be taken as rs. ..... on behalf of the revenue contended that unlike the provisions contained under section 11aaaa of the rajasthan sales tax act, 1954, there is no provision under the income-tax act by which the income-tax liability is created as first charge on the property of the assessee. ..... forward by the raja for deducting this amount from his assessable income was upheld by the privy council, by observing as follows (at page 138) :'when the act by section 3 subjects to charge 'all income' of an individual, it is what reaches the individual as income which it is intended to charge. ..... cochin bench of the income-tax appellate tribunal has referred for the opinion of this court under section 256(1) of the income-tax act, 1961, the following questions of law arising out of the order of the tribunal dated august 31, 1984, in i. t. a. ..... arose for consideration was whether the first charge thus created by section 11aaaa of the rajasthan sales tax act would operate on the entire property of the dealer including the interest of the mortgage therein. ..... national iron and steel rolling corporation : [ ..... national iron and steel rolling corporation : [1995]212itr428(sc) by the revenue in support of .....
Tag this Judgment!Court : Kerala
Reported in : 1996(1)ALT(Cri)32; 1996CriLJ840
..... case, we must also state that the very purpose of the cofeposa act is to prevent smuggling of gold and related activities which have a deleterious effect on the national economy and thereby a serious adverse effect on the security of the state ..... of tamil nadu : [1989]3scr901 , an order of detention under the national security act came up for consideration and the supreme court held that there is nothing wrong in passing an order of detention against a person in custody if the detaining authority apprehends that there is likelihood of the detenu being ..... he has considered in detail the background of the detenu, the fact that he is a foreign national, he is not eligible to import gold to india even by paying duty, he was making frequent visit to foreign countries using his foreign passport and that he attempted to smuggle considerable quantity of gold to india concealing ..... also stated therein that as an abstract proposition of law, there may not be any doubt that the provisions of the act do hot preclude the authority from passing an order of detention against a person whilst he is in detention or in ..... national, who fled to india due to ethnic problems and settled in madras since 1976, is ordered to be detained and kept in custody in the central prison, trivandrum as per order of the government of kerala, in exercise of powers conferred by sections 3(1)(i) and 3(1)(iii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short 'the cofeposa act .....
Tag this Judgment!Court : Kerala
Reported in : 1996(2)ALT(Cri)80; 1996CriLJ1225
..... manik, (1994 (2) scc (supp) 565), which is a case coming under the national security act, 1980, it was held while quashing the order of detention, that 'however, it is always open to the state if it is satisfied that either of the two conditions enumerated under sections 3(a) or (b) still ..... when the purpose for making representation is to bring to the notice of the authorities constituted under the cofeposa act the grounds in which he seeks his release, this right of a citizen will be real, effective and meaningful only when there is proper consideration of ..... though the representation is addressed to the chairman of the conservation of foreign exchange and prevention of smuggling activities act, advisory board, it was sent to the state government by the jail authorities, who, in turn, forwarded ..... on a combined reading of article 22(5) of the constitution of india and section 11 of the cofeposa act, it is clear that the detenu is entitled to make a representation to the central government also and it is bound to consider ..... ansar, who has beer, detained under sections 3(1)(i) and 3(1)(iii) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short 'the cofeposa act'), seeks a writ of habeas corpus to set his son at liberty.2. ..... first respondent, state of kerala, passed an order under sections 3(1)(i) and 3(1)(iii) of the conservation of foreign exchange and prevention of smuggling activities act, directing the detention of the detenu. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker44
..... it could well be said that when section 254 confers appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution and that the statutory power carries with it the duty in proper cases to make such orders for staying proceeding as will prevent the appeal if ..... that case, on that view the full bench held that the power to remand is available to a tribunal functioning under section 64 of the motor mehicles act, 1939 and that the said power is incidental to and implicit in the appellate jurisdiction created by that section. ..... is particularly so when section 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner but the act is silent in that behalf when an appeal is pending before the appellate tribunal. ..... after investigation and enquiry into the matter as empowered under the act the petitioner passed an order dated 20-2-1979, a copy of which is marked in this case as ..... rama rao (air 1916 pc 21) and national sewing thread co. ..... but, as pointed out by maxwell, where an act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution (11th edition, page 350).a remand by an appellate court is usually made when the record before it is in such shape that the appellate court cannot in justice ..... chandresekhara thevar (air 1948 pc 12), secretary of state for india .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ721
..... of the government of the state, and for the allocation among ministers of the said business in so far as it is not business with respect to which the governor is by or under the constitution required to act in his discretion.thus, a combined reading of article 154 and 166 of the constitution will show that all executive action of the state government shall be expressed to be taken in the name of the governor and ..... in the course of arguments before the learned sessions judge whose order passed in revision is challenged in these criminal miscellaneous cases, it was reported that a national agency from north india has forwarded a request to the public prosecutor for perusal of the records in this case for enabling them to conduct a research as to how ..... rape victim was also an adivasi girl amounted to an offence punishable under section 228a of the indian penal code as well as under section 7(1)(d) of the protection of civil rights act, 1955, a complaint dated 5-2-1988 purportedly by manha and her parents by name chandu and ammini were caused to be preferred in the office of the superintendent of police, wayanad. ..... issuance of orders sanctioning prosecution of a public servant under the code of criminal procedure, 1973 (central act 2 of 1974) or and the prevention of corruption act, 1988 (central act 49 of 1988) placing him under suspension and finalising the disciplinary proceedings against him under the relevant rules and orders in pursuance of a vigilance enquiry contemplated .....
Tag this Judgment!Court : Kerala
Reported in : 2006CriLJ413
..... (cri) 1882 : 2004 cri lj 2036 it was held as follows (para 10) :merely because the evidence of pw2 shows that he acted in an unnatural manner, that per se would not be a determinative factor to throw out the otherwise cogent prosecution evidence.in state of punjab ..... the absence of the signatures or the thumb impression of an of an accused on the disclosure statement recorded under section 27 of the evidence act detracts materially from the authenticity and the reliability of the disclosure statement.so, the legal effect is that there is no dictum laid down in jackaran singh's case 1995 cri lj ..... of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.a reading of section 27 shows that the above provision is an exception to sections 25 and 26 of the evidence act and what is made relevant is the fact deposed to as discovered in consequence of information received from a person accused of an offence. ..... but omissions of important facts, affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case.the learned special prosecutor appearing for the respondent-state has argued that it is a case in which the maker of exhibit p1 ..... incident occcurred on the side of national highway, which was a junction wherein ..... chalisserry, korattikkara, akkikkavu and perumpilavu on a number of occasions and all these places are on the side of national highway. .....
Tag this Judgment!Court : Kerala
Reported in : [1975]99ITR24(Ker)
..... an alleged trade, business or commercial use of a term shall prevail, it must appear that such commercial meaning is the result of established usage in business, trade or commerce and that, at the time of the passage of the act, such usage was definite, uniform and general and not particular, local or personal. ..... grand national tramways ..... of the actual cost of the plant and machinery to the assessee under section 43(1) of the income-tax act, 1961, for purposes of development rebate as claimed by the assessee '2. ..... 10(2)(vi) of the indian income-tax act of 1922 is the precursor of ..... section 43(1) of the income-tax act, 1961, defines 'actual cost ' as follows :' 'actual cost' means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by ..... there is nothing in that act which says that interest can never form part of ..... section 33 of the 1961 act provides for development rebate and it is enough to notice broadly that the same is allowed at ..... starting its business, had entered into an agreement with the owner of the plot of land on 4th june, 1948. ..... 3 itr 19 tc 195, and observed that the scheme of depreciation in the english act is slightly different from that under our act. ..... money by the assessee for setting up a refinery which started work in september, 1954, could be reckoned as 'actual cost' to the assessee for the purpose of section 10(2)(vi), 10(2)(vi)(a), (b) and 10(5) of the indian income-tax act, 1922. .....
Tag this Judgment!Court : Kerala
Reported in : (2008)IILLJ420Ker
..... ; muthoot buildings, its branches and other offices as existing at present or as may be established in future, hence it is clear that while granting certification of the above standing order; the certifying officer has acted without jurisdiction.this is explained by the learned government pleader to mean that the certifying officer had no state-wise jurisdiction and since the quoted provisions in the standing orders refer to branches and other offices ..... ) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal/discharge or retrenchment has led to that dispute but does ..... respondent himself was not sure-about his powers to cancel certification which is clear from the fact that in exhibit p-2 he invoked appellate powers under the act and after receiving the explanations from the management of the workmen, he changed over to his purported powers as a certifying officer himself, as defined in ..... as to whether the respondent has powers to cancel the certification already granted, invoking section 21 of the general clauses act, the petitioner relies on a decision of the supreme court in indian national congress (i) v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1
..... its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj,(b) to any person who is a buddhist, jaina, or sikh by religion, and(c) to any other person domiciled in the territories to which this act extends who is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of ..... null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.'16. pek kalliani amma (supra) was decided by the apex court by ..... . this view is to be fortified by the larger constitutional prospectus discernible from the goals that the nation seeks to (sic)eve by the incorporation of article 39 (e) and (f) in the constitution of ..... . the select committee submitted its report on the 29th august, 1948 and their revised draft was discussed at considerable length by the provisional parliament, but as the bill could not be passed before ..... that the hindu code as drafted by the rau committee was introduced in the legislative assembly in 1947 and was referred to a select committee of the constituent assembly of india (legislative) on 9th april, 1948 .....
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