Court : Kerala
Decided on : Feb-03-1970
Reported in : AIR1971Ker211
..... being an advocate of 34 years' standing could not possibly make the mistake in view of the clear provisions on the subject of appeals existing under section 39(1) of the punjab courts act and. therefore, his advice to file the appeal before the district court would not come to the rescue of the appellant under ..... counsel for the respondent made a general submission that seeking shelter under the umbrella of legal advice is not always a sufficient protection in a court when section 5 of the limitation act is being considered. counsel relied on a decision of this court reported in 1969 ker lj 748 in this behalf, where mr. justice raman nayar ..... the appellant drew my attention to a ruling reported in air 1904 sc 1897. 1902 where an obvious mistake had been made by the state counsel and acting on that patently mistaken advice the state came up to the supreme court 'to receive a reproof from that court.' i may usefully extract excerpts from paragraph 10 of that ..... has been tripped thereby.even so counsel for the state has drawn my attention to a ruling of the supreme court reported in 1969 (2) scc 770 = (air 1970 sc 1953) where the court was willing to take a more generous and practical view on the subject, if i may say so with great deference. hidayatullah c. ..... must, like ordinary parties, pay the penalty for the marginal negligence in the conduct of its proceeding. i therefore, direct the petitioner to pay the respondent costs rs. 50/- and allow the petition for condonation, of the delay. .....
Tag this Judgment!Court : Kerala
Decided on : Aug-14-1970
Reported in : AIR1971Ker98
..... article 19(2) which saved 'existing law in so far as it relates to any matter which undermines the security of or tends to overthrow the state'. it was held that as the purpose mentioned in section 9 (1-a) of the madras act was wider in amplitude than those specified in article 19(2), and as it was not possible to split ..... therefor but that his land will be cut up into bits as has been graphically demonstrated in the sketches produced along with the petition in o. p. no. 371 of 1970. this hardship seems to us very real. the provisions for requiring the kudikidappukaran to purchase some other portion of the land if the portion adjoining his kudikidappu causes inconvenience to ..... the sense agricultural, development. 10. the expression, 'agrarian reform' carries with it a flavour of egalitarianism in relation to the holding of land, or, to adopt the language of article 39 of the constitution, an equitable distribution of what is still in this country the most material resource of the community, namely, land, so as best to subserve the common good ..... any case the rent has always been nominal and is rarely collected), or section 79 which gives the kudikidappukaran the right to maintain, repair and reconstruct at his own cost, without increasing the plinth area by more than fifty per cent, the hut constituting the kudikidappu, or section 79a which secures for the kudikidappukaran certain customary and other rights for the proper enjoyment of .....
Tag this Judgment!Court : Kerala
Decided on : Jul-24-1970
Reported in : AIR1971Ker61
..... way of mortgage or lease or otherwise. true, the main purpose of the act is to confer on tenants the blessings of security of tenure and fair rent; but, it is not altogether unmindful of the landlord, and, by section 39, seeks to secure for him the due payment of the rent by making it a charge on ..... of the decrees for the arrears of rent. both the courts below negatived the claim and decreed the suits.7. the respondents contend that section 39 of the malabar tenancy act created a first charge for the arrears of rent on the interest of the tenant in the holding as at the time of the creation ..... the same holding but for different periods) is whether, in a suit for recovery of arrears of rent in enforcement of the chargeconferred by section 39 of the malabar tenancy act, a decree can be made for the sale of the holding free of the interest of a tenant of the defaulting tenant, in other ..... tenant's interest, the effect of that charge upon a subsequent transfer by way of sub-lease is not dealt with by section 39 of the malabar tenancy act, but by the transfer of property act or by the general law. therefore, the normal effect of a first charge is avoided by the expression 'notwithstanding anything ..... another as the landlord. on a sale in enforcement of a charge against the tenant under section 39 it is the sub-tenancy and not the tenancy that is extinguished.5. in the result we dismiss the appeals with costs.mathew, j.6. the suits from which the appeals arise were instituted for recovery of .....
Tag this Judgment!Court : Kerala
Decided on : Apr-09-1970
Reported in : AIR1971Ker65
..... the commonwealth parliament, has only limited powers, the declaration of parliament that a law is enacted for the purpose of securing the stated objects cannot bring an enactment within power if its operative provisions have no real connection with a subject with ..... of the statute or in the method of enacting it transgressed the limits of its constitutional powers. such transgression may be patent, manifest or direct, but it may also be desguised, covert and indirect and it is to this latter class of ..... act, 1963 (act 1 of 1964) which was included as item 39 in the ninth schedule to the constitution by the constitution (seventeenth) amendment act, 1964. section 73 of the act caused substantial reduction in the rent due till the date of act 1 of 1964 payable by the tenant.by act ..... v. buckingham and carnatic co. ltd., air 1970 sc 169 para 11 and again in the recent decision regarding the validity of the kerala plantation additional tax act, 1970-1 sc wr 219 at p. 236 = (air 1970 sc 1133 at p. 1142) have explained the ..... for assessment was entirely left to the executive authority. paragraph 150 of the judgment pointed out that although the authority to whom applications are to be filed under sub-section (3) of section 6 was indicated for the first time only in rule 5 ..... pay the costs of the appellant in the writ appeal, and of the petitioners in the other writ petitions.23. before we part with these cases we wish to impress on the government the necessity to review the provisions of the act, and .....
Tag this Judgment!Court : Kerala
Decided on : Aug-26-1970
Reported in : AIR1972Ker5
..... or either house of the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses. this article would indicate that the preparation of electoral rolls and the delimitation of constituencies are not ..... that the rolls have not been prepared in accordance with law. but that is not the true object of the petition. the true object is patently to hold up the election (which has now actually commenced) and whether or not such a declaration will be effective for the purpose, and ..... counter-affidavit of the 2nd respondent that the electoral registration officer concerned has been directed to supply two copies of the draft rolls free of cost to the political party represented by the petitioner as well, and the petitioner was aware of it. if the petitioner did not avail of ..... is only to a political party to whom a symbol has been reserved that two copies of the draft electoral roll need be supplied free of cost. no exclusive symbol has been reserved to the political party represented by the petitioner. there is, therefore, no justification in the complaint of the ..... rolls finally prepared on 15-1-1970. it was on the basis of these specific objections and claims that it was decided to have a special revision as provided in section 21(3) of the representation of the people act 1950. it would the useful to extract section 21(3) in this connection.'notwithstanding .....
Tag this Judgment!Court : Kerala
Decided on : Feb-09-1970
Reported in : AIR1970Ker218; [1970]26STC45(Ker)
..... . p3 proceedings a penalty of rs. 1000 is levied on the petitioner and the cash security already furnished in lieu of confiscation has been adjusted towards the penalty so levied, in accordance with the proviso to section 29(5) of the act. in view of our finding that section 29 (5) is unconstitutional, we allow this writ petition and quash ext. p3 order and ..... stc 453 = (air 1968 sc 59). the madras decision subsequent to supreme court's pronouncement is k. p. abduiia and bros. v. check post officer, (1968) 22 stc 552 = (air 1970 mad 25) and the andhra decision is kalangi krishna murty and co. v. commercial tax officer, gnntur, (1968) 22 stc 540 (andh. pra.). the mysore high court in p. venka ..... the officer at the check-post there is the safeguard of an appeal under section 34, a further appeal to the tribunal under section 39, and a revision to the high court under section 41 of the act. the conditions for taking action are defined by section 29 (2) and (4) of the act, and the scope and purpose of the enquiry, are defined by r. 35 ..... are quashed. the goods have been released to the petitioner, pending this writ petition on its furnishing security in this court. it is enough therefore to order that the security deposited by the petitioner will be duly released. the original petition is allowed as above. no costs. o. p. no. 4995/1967.the facts are practically the same as in o. p, no .....
Tag this Judgment!Court : Kerala
Decided on : Apr-08-1970
Reported in : AIR1971Ker146
..... is obviously because alcohol, despite its evils when consumed in excessive quantities, has a universal attraction for humanity, and therefore restrictions on its sale produce keen competition among trades to secure the privilege of its sale which must naturally yield large profits. the more stringent such restrictions are, the more dear (in all senses of the term) becomes the commodity and ..... licence would violate article 19(1)(g) or article 301 of the constitution. 8. we shall now extract sections 18 and 18-a of the abkari act, 1 of 1077 and rule 13 (1) introduced by s. r. o. 70/70 dated 18-2-1970 which, are challenged in the petitions.'18. how duty may be imposed: (1) such duty of excise may ..... is to restrict the sale arid consumption of foreign liquor by restricting the number of sellers thereof in an area and also by making it as costly as possible consistent with local conditions of the area; and the rental that may be fixed at the auction in open competition is only an incidental product thereof.36. it ..... viith schedule of the constitution.38. it is not and cannot be disputed that rule 13 (1) is consistent with section 18a and it only particularises the several modesof action contemplated in the section. there is no constitutional infirmity in the rule.39. in the view that we have taken article 276 of the constitution is also not attracted to the rental under .....
Tag this Judgment!Court : Kerala
Decided on : Apr-03-1970
Reported in : [1970]77ITR719(Ker)
..... based on the peculiar facts and circumstances of the case, though he contended for a contrary position before the division bench in income-tax officer v. r.m. subramania iyer, [1970] 77 i.t.r. 453 (ker.). the said decision is binding on me ; and i take it as an authority for the proposition that this court should not interfere in ..... . 1,56,964. accordingly, he treated the difference between the cost and market prices, namely, rs. 62,404 as capital gains, by virtue of the first proviso to section 12b(2) of the indian income-tax act, 1922. this proviso contains a provision similar to sub-section (1) of section 52 of the income-tax act, 1961. the assessee contended that, though the sale was for ..... a result of the transfer of the capital asset the following amounts, namely :-- (i) expenditure incurred wholly and exclusively in connection with such transfer; (ii) the cost of acquisition of the capital asset and the cost of any improvement thereto. 52. consideration for transfer in cases of under statement.--(1) where the person who acquires a capital asset from an assessee is ..... sections 14 - 39, and it deals with computation of total income. section 14 enumerates the heads of income, and it reads as follows:'14. heads of income.--save as otherwise provided by this act, all income shall, for the purposes of charge of income-tax and computation of total income, be classified under the following heads of income :-- a.--salaries. b.--interest on securities. c .....
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