Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: kerala Page 6 of about 3,712 results (0.217 seconds)

V.O. John Vs. Catholic Syrian Bank Ltd. and ors.

Court : Kerala

Reported in : [2009]148CompCas411(Ker)

..... . resolution no. 10(i) reads as follows:resolved pursuant to section 81(1a) and other applicable provisions, if any, of the companies act, 1956, or any statutory amendment/modification or re-enactment thereof from time to time in force and the relevant provisions of the articles of association of the bank, that the ..... to be considered is, whether the impugned judgment passed by the learned judge exercising jurisdiction is justifiable. according to the bank, exhibit p9 order is patently illegal and passed in utter disregard to the provisions of law causing irreparable hardship or grave injustice to the writ petitioner warranting interference under the supervisory jurisdiction ..... 227 of the constitution. the full bench of the karnataka high court (bench consisting of five judges) in gurushanth pattedar v. mahaboob shahi kulburga mills air 2005 kar 377, also has taken the same view, after considering all the decisions and after considering an identical provision for appeal, i.e., section 4 .....

Hindustan Paper Corporation Ltd. Vs. Government of Kerala

Court : Kerala

Reported in : [1986]61STC93(Ker)

..... industry'. the claim therein was that the said exemption would attract a corresponding benefit under section 8(2a) of the central act. the court considered the effect of the amendment to section 8(2a) of the central act in paragraph 23 of the judgment onwards. their lordships repelled the contention that the change of the expression 'sale of ..... the sale or purchase of goods made by them would be sufficient to confer the exemption benefit contemplated under the central act to such of those dealers. according to us, the emphasis both before and after the amendment, is to 'the sale of goods', the sale or purchase of which is generally exempted from the sales tax ..... the exemption generally granted to sale of goods by a dealer under the state act would attract the exemption benefit envisaged under section 8(2a) of the central act. we agree that the difference in the language of the state act before and after the amendment has not made any difference to the concept of the general exemption'; but .....

Kerala Textile and Garments Dealers Welfare Association, represented b ...

Court : Kerala

..... , i feel it would be apposite to notice the provisions as they stood, when introduced through the finance bill and thereafter, when they were amended and enacted through the finance act. the kerala finance bill, 2014 6a. payment of turnover tax on textile articles:- notwithstanding anything contained in section 6, every dealer whose total ..... . (2) a declared provision contained in a bill shall cease to have the force of law under the provisions of this act. (a) when it comes into operation as an enactment with or without amendment; or (b) when the government, in pursuance of a motion passed by the legislative assembly, directs, by, notification in ..... petitioners, based on an alleged lack of machinery provisions is therefore rejected. the argument that the amendment in the kvat act, through the kerala finance act, 2015, which had the effect of omitting the provisions of section 6a from the kvat act, should be seen as curative in nature and, therefore, retrospective in its operation. 21. .....

Kochupennu Kochikka Vs. Kochikka Kunjipennu and ors.

Court : Kerala

Reported in : AIR1961Ker226

..... appeal. this limit has undergone a change by the recent amendment of section 13 of the kerala civil courts act, brought about by the passing of the kerala civil courts (amendment) act, act xii of 1959.by section 4 of the amending act, the pecuniary limit of rs. 7,500 provided for in the main act (act i of 1957), was raised to rs. 10,000. ..... as at present advised i consider that theonly vested right is the right of appeal. thatis conferred by clause 11, letters patent, readwith ss. 96 and 100, civil p. c. those rightshave not been touched by the amended rule:the appellant had a right to appeal to this courtand that has not been affected, but in my judgment he had ..... by the rules framed by the respective high courts by virtue of the powers granted by the letters patent pertaining to such courts. this rule-making power of the high courts was preserved by section 223 of the government of india act, 1935. so far as the state high courts were cornered, the exercise of the jurisdiction and powers .....

K.N.Sasidharan Vs. the Registrar of Co-operative Societies

Court : Kerala

..... to the extent of deletion of the members who have been enrolled by the administrative committee. there shall be a direction to the electoral officer to expeditiously amend the final voters list and the returning officer shall only permit such members who have validly enrolled to exercise their franchise in the election. the writ petitions ..... remaining persons against whom objections were raised, were persons who had not remitted the additional enhanced amount of share value, which was brought in by way of a valid amendment. however, in considering the said objections, it is seen that the electoral officer has in 1st paragraph wp(c).no.26225 of 2013 & - 3 - connected cases ..... t.a.kuttappan [(2000) 6 scc127. the power of this court to interfere under article 226, despite the remedy of section 69 of the act being available, where there are instances of patent illegality has been upheld by a division bench of this court in k.pankajaksha panicker v. n.venugopalan nair [1994 (2) klj8. the .....

Mohammed Sageer Vs. Prakash Thomas

Court : Kerala

Reported in : 2005(2)KLT400

..... the tenant under sections 11(2)(b) and 11(4)(ii) of the act. in that rent control petition, the landlord filed an application for amendment of the petition incorporating a plea under section 11(4)(i) of the act. that application for amendment was dismissed. in that application also, the landlord had raised the contention that ..... there was subletting in favour of punnoose mathew, sheriff and sham. the dismissal of the application for amendment in r.c.p. no. 167 of 1998 would operate ..... from the pleadings, the opposite party must know what is the case he has to answer and prove. otherwise the rules of pleadings and the provision for amendment of pleadings for deciding the real question in controversy between the parties will become meaningless. decision of a case cannot normally be on grounds outside the pleadings. .....

Girija Vallabhan Vs. J.B.J. Plantation Pvt Ltd. and Others

Court : Kerala

..... (sc)} the apex court holding that even in cases where remedy of revision as against the interlocutory orders has been exempted by the amendment of section 115 of the code under the amendment act of 46/99 the constitutional remedy to challenge such orders under article 226/227 will still be available, but its exercise should nevertheless be ..... in examining the condonation of delay applied for with a pre-conceived notion that it would amount to circumventing the interdiction placed under section 4a of the act was patently erroneous, and the enquiry proceeded on such premise has resulted in the impugned order, which, if allowed to stand, would cause grave injustice, the exercise ..... drawn process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to taken one view the error cannot be called gross or patent. 11. another question may also emerge for consideration in the given facts of the case as regards the right of revision available to a party to .....

Mohammed Mamdouh Matwally Ghali Vs. Kerala Automobiles Ltd, Represente ...

Court : Kerala

Reported in : 2011(3)KLT159; 2011(3)ILR(Ker)283; 2011(3)KLJ391

..... aspect. 35. but we remind ourselves that our jurisdiction is not appellate or revisional. our jurisdiction is under sec.34(2)(b)(ii) of the act. gross perversity amounting to patent illegality has to be shown and perceived. the ready acceptance by the arbitrator that want of spectacles with the claimant and the existence of the alleged confusion ..... is necessary to maintain the purity and credibility of the process of arbitration to which the indian law gives great emphasis as can be seen from sec.89 of the amended c.p.c. 31. that takes us to the crucial question whether the two findings referred above (a) that the claimant is not bound by clause (7 ..... the arbitrator are not merely erroneous or mistaken but are perverse and do shock the conscience of this court; (8) that the findings are hence grossly perverse (and hence patently illegal), unjust and commercially immoral; (9) that consequently the award is liable to be set aside being in conflict with the public policy of india as explained .....

K.P Haridas Vs. K. Vijayan

Court : Kerala

..... countenanced.11. it was strenuously argued by the learned senior counsel for the review petitioners that the provisions relating to the quorum of the meeting for amending the bye-law of the sabha are clear and, therefore, an interpretation as given by this court in the judgment is unwarranted. it was ..... petitioners made a frontal attack on the impugned judgment pointing out that no substantial question of law has been framed by this court. this is patently erroneous. this court by order dated 17.03.2011 while admitting the appeal formulated the following substantial question of law: "whether the interpretation of ..... tower lane road, chilavannor, kochi-682020.3. dhakshina bharatha hindi prachar sabha (kerala), reg.no.ar33088 (society registered under travancore cochin literary scientific and charitable societies act,1955) rep.by its president, m.s.muraleedharan, hindi prachar sabha building, chittoor road, ernakulam-682016.4. the secretary, dakshina bharatha hindi prachar sabha (kerala), .....

M/S.Ernad Engineering Enterprises Vs. State of Kerala

Court : Kerala

..... policy of the government and the fiscal changes/measures proposed to be brought about as reflected from the budget speech, provisions were incorporated in the concerned finance act, amending the statutory provisions to the required extent, at different points of time. the petitioners/government contractors were treated as a class of their own and were ..... is yet to be remedied/rectified. the learned senior counsel further contends that there is no intelligible differentia between the two groups and hence there is patent violation of article 14 of the constitution of india.9. yet another contention raised by the learned senior counsel is that, most of the works awarded ..... there could not be any levy under the said taxing statute. referring to the decision in state of west bengal & ors. vs. purvi communications pvt. ltd [(2005) 140 stc154, the court observed that, service rendered by the cable tv network through which films, serials and various other programs are shown to the consumers amounts .....