Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 9 amendment of section 11 Court: kerala Page 1 of about 98 results (0.141 seconds)

Damodharan Vs. Meera

Court : Kerala

Reported in : AIR1987Ker78

..... it is argued that a plain reading of section 24 of the act would clearly show that wife or husband alone can claim maintenance pendente lite and expenses of the proceedings and hence it is patent that the order of the court allowing maintenance to the children is wholly unjustified. ..... the decisions reported in air 1982 orissa 270 and air 1981 j & k 5 relied on by the petitioner have not considered whether the court could invoke section 26 of the act and grant maintenance to the children of the litigating spouses. ..... learned counsel for the respondent submitted that the above decisions have not considered the ambit of section 26 of the act and it does not lay down the correct law. ..... in a petition filed under section 24 of the act the court can always invoke section 26 of the act and grant maintenance to the children of the spouses in cases where it is found necessary.5. ..... a petition filed under section 25 cannot be considered in isolation and the court cannot altogether ignore section 26 of the act in a case where maintenance of the children is also claimed.in i.a. ..... counsel urged that on a plain interpretation of section 24 of the act, children are not entitled to get maintenance in a proceeding initiated by either of the spouses. .....

Kesava Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR2004Ker111; 2004(1)KLT55

..... to be considered in these appeals is whether section 100a as amended by act 22 of 2002 will prevail over the provisions contained in section 5(ii) of the high court act.9. ..... further appeal shall lie from the judgment, decision or order of such single judge in such appeal or from any decree passed in such appeal'.clause 40 of the objects and reasons it is stated as follows:-'under the letters patent, appeals lie, in certain cases, against the decision of a single judge in a second appeal. ..... section 100a begins with the words 'notwithstanding anything contained' in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, a second appeal from a judgment rendered by a single judge except under articles ..... - notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment and decree of such single judge'.in clause 3(j) of the objects and reasons contained in the act 22 of 2002 it is stated as ..... - notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in force,-(a) where any appeal from an original or appellate decree or order is heard and .....

Rajalakshmi Associates Vs. Sree Meenakshi Papers

Court : Kerala

Reported in : 2003(2)KLT225

..... in the light of the aforementioned discussion, we hold that by virtue of the provisions of section 100-a amended by act 22 of 2002 appeals preferred under section 5(2) of the high court act after 1.7.2002 are not maintainable and only such appeals are saved which were filed prior to ..... ccc 75 (ap)) wherein the impact of section 100-a with respect to appeals preferred under clause 15 of the letters patent 1865 was also examined. ..... contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by asingle judge of a high court, no further appeal shall lie from the judgment and decree of such single judge.contention was raised that in view of the provisions of section 100-a of the ..... (amendment) act 2002 appeals filed after 1.7.2002 are not maintainable and only such letters patent appeals saved are those filed prior to 1.7.2002 whether they have been ..... scope of section 100-a with regard to pending appeals preferred under clause 10 of the letters patent came up for consideration before a full bench of the madhya pradesh high court ..... section 100-a has employed a non obstante clause stating that notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force no further appeal shall lie against judgment and decree of a .....

John George Vs. Stewards Association in India

Court : Kerala

Reported in : AIR2007Ker57; 2006(4)KLT405

..... no further appeal under section 5(ii) of the kerala high court act is maintainable from the judgment, decree or order passed by a single judge under section 3(13)(b) of the high court act after 1.7.2002 in view of the amended section 100a of the code of civil procedure inserted by act 22 of 2002.the observations of the full bench as reproduced above thus clearly manifest that the right earlier available to a party to file appeal under section 5(ii) of the kerala high court act has been taken away by the amendment act 22 of 2002. ..... acquired the right, if unsuccessful, to go up in appeal from the sub-court to the high court and from the high court to the federal court under the federal court (enlargement of jurisdiction) act, 1947 read with clause 39 of the letters patent (mad) and sections 109 and 110 of the code of civil procedure provided the conditions thereof were satisfied, unless that right had been taken away expressly or by necessary intendment by any subsequent enactment. 6. ..... (supra), that section 100-a inserted by the amendment to the code of civil procedure with effect from 1.7.2002 would not affect the right of appeal under clause 10 of the letters patent for suits filed prior to 1.7.2002. ..... (2) whether the letters patent appeals filed before 1-7-2002 are 1iable to be dealt with and decided in accordance with amended section 100-a of the c.p.c.? .....

C.S. Krishna Iyer and ors. Vs. Official Liquidator High Court of Keral ...

Court : Kerala

Reported in : 1986CriLJ1747

..... on the question whether an appeal will lie against a decision on an application under section 5(2) of the malabar tenancy amendment act 1956, stated at page 2 :the very fact that two eminent judges trained in the same legal discipline and familiar with the nuances of indian legislation, have come to divergent conclusions is itself an indication that the section, at any rate, should be considered as ambiguous in its wording. ..... ):it is perfectly clear that that is an essential part of the proceedings in the winding-up - an essential part without which the whole machinery of the winding-up must be most certainly imperfect...it is clear, upon looking at this section, that the object is to get at the persons who have the information which the court requires for the purposes of the winding-up.8. ..... of new york : [1975]1scr550 has held that an appeal is maintainable under clause 15 of the letters patent against an order amending the pleadings in cases where the order affects the merits of the action between the parties by determining some right or ..... evidently, orders contemplated under section 483 are matters 'in the matter of the winding-up of a company' which, according to us, would exclude a decision in a prosecution under section 454(5a).the learned judge has referred to an unreported decision of a division bench of the same high court wherein it has been held that clause (15) of the letters patent excludes from its scope an appeal against the judgment passed in exercise of criminal .....

M/S. Sharon Insul India Ltd. Vs. Assistant Commissioner (Assessment)

Court : Kerala

..... it is apparent that the assessing authority did not notice section 24 of the amendment act of 2005, which reads thus under: "24. ..... april, 2005 provided that where any dealer had collected the tax at a higher rate, such collection ..... , the petitioner approached this court through the present writ petition aggrieved by the stand taken by the respondents in demanding amounts that were not legally due from him since, according to the petitioner, the amendment act of 2005 did not contemplate a retrospective enhancement of the rate of tax applicable to the commodity dealt with by the petitioner. ..... validation:- notwithstanding anything contained in any other provisions of this act, or any judgment, decree or order of any court or tribunal, where the rate of tax in respect of any goods has been enhanced as a result of the amendments made under the kerala value added tax (amendment) act, 2005, such enhanced rate of tax shall be applicable from the date of such amendment and where such rate has been reduced, it shall be deemed to have come into force on the first day of ..... this was patently wrong as a perusal of the amendment act itself would reveal. .....

P.Sundaran Vs. SajinA.P.V,

Court : Kerala

..... clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under: "has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition". ..... the family court by its judgment dated 26th april, 2010 dismissed the o.p, mainly on the ground that the appellant failed to establish the ingredients of section 13(1)(iii) of the act and that the appellant is guilty of delay and latches dis-entitling him for a decree in view of mat.appeal no.914/10 :2. ..... 5 of the hindu act has also been substituted by the 1976 amendment act. ..... : down by the full bench in the case of lissy (supra) and the apex court judgment referred to above, it can therefore be seen that when a person is claiming divorce under section 13(1)(iii) of the hindu marriage act, it is for such a person to adduce positive evidence to substantiate the allegation that he cannot reasonably be expected to live with the respondent.9. ..... but however, the petitioner, who approaches the family court, can obtain a decree of divorce under section 13(1) (iii) of the hindu marriage act, only if he succeeds in establishing that the mental disorder is of such a kind and to such an extent mat.appeal no.914/10 :5. ..... it is stated that in such circumstances, when the disease aggravated, she was admitted for treatment in 2005 by pw2 and that after discharge, the appellant and the respondent resided together. .....

Lissy Vs. Jaison

Court : Kerala

Reported in : II(2000)DMC59

..... (ii) of section 5 of the hindu act has also been substituted by the 1976 amendment act. ..... clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under:'has been incurably of unsound mind for a continuous period of not less man three years immediately preceding the presentation of the ..... an application was filed by the wife under section 18 of the act for a declaration that the marriage solemnised between her and respondent ..... this is a reference under section 20 of the indian divorce act, 1869 (in short 'the act') seeking confirmation of the decree passed by the judge, family court, ..... that background, section 19(3) of the act has been enacted ..... section 13(1), clause (iii) and explanations (a) and (b) appended to said clause deal with similar situations under 'hindu act', which read as follows:'section ..... section contemplates upon a much greater mental disorder, which would suffice for obtaining a decree for divorce under the hindu marriage act, 1955 (hereinafter referred to as the 'hindu act').7 ..... , confirm the decree passed by the learned trial judge in terms of section 20 of the act.this cm. ..... section 5(ii) of the hindu act lays down as one of the conditions for a hindu marriage that neither party must be incapable of giving valid consent in consequence of unsoundness of mind or has been suffering from ..... suffering from chronic schizophrenia cannot lead a normal married life and he would be a lunatic in terms of section 19 of the act.6. .....

K. Premavalli Vs. State of Kerala

Court : Kerala

Reported in : AIR1998Ker231

..... code of civil procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any decree of the high court passed on 'such appeal as aforesaid' an appeal shall lie to the supreme court subject to the provisions contained ..... secretary of state, air 1923 lahore 275 considered the scope of section 54 of the land acquisition act read with clause (10) of the letters patent and took the view that right of appeal to a bench of two judges is not impliedly barred by section 54 of the land acquisition act. ..... by the 42nd constitution amendment act, 1976 the expression 'administration of justice' has been transferred from entry 3 list ii to the concurrent list and inserted as entry iia in list iii of the seventh schedule. ..... that reasoning cannot hold good in view of the amendment of section 26 of the land acquisition act. ..... the learned judges felt that the intention of the amending provisions was to restrict further right of appeal so that there will not be further delay in the disposal of the suit. .....

Commissioner of Income-tax Vs. Kerala State Coir Corporation Ltd.

Court : Kerala

Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)

..... the supreme court found that section 18a(6) had been amended retrospectively by an amendment act of 1953 and the retrospective operation commenced ..... in this amending act, a proviso to section 18a(5) was added providing that an assessee was entitled to interest not on the whole of the tax paid in advance, but only on the difference between the tax so paid and the tax as determined on regular assessment, this amending section was deemed to have come into force on april ..... after the amendment act was passed, the income-tax officer exercised his power under section 35 of the indian income-tax act, 1922, and rectified the mistake in the order of assessment and demanded repayment of the sum which was allowed to ..... it was by the amendment act of 1987 that section 143 was substituted in the income-tax act to introduce a new scheme of assessment after the return of ..... the tax that would have been chargeable had such total income been reduced by the amount of adjustments and specify the additional income-tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1) ; (b) in a case where the loss so declared is reduced under sub-clause (ii) of this clause or the aforesaid adjustments have the effect of converting that loss into income, calculate a sum (hereinafter referred to as ' ..... appear somewhat strange that an order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. .....