Court : Kerala
Reported in : 2006(3)KLT641; 2006(6)AIRKarR220(FB)(Ker)
..... government is entitled to conduct selection in accordance with the changed rules and make final recruitment. obviously, no candidate acquired any vested right against the state. therefore, the state is entitled to withdraw the notification by which it had previously notified recruitment and to issue fresh notification in that regard on the basis of the ..... other case, at the time of appointment.(i) he is not in the service of the government of india or the government of a state; or(ii) being in the service of the government of india or the government of a state, he satisfies all the qualifications (including age) and other conditions prescribed for such recruitment to that service ..... decision of a learned single judge of this court in c. murugan and ors. v. state of kerala and ors. reported in 1982 (2) 1lr 74, none of the decisions of this court or that of the supreme court of india cited before us categorically and specifically dealt with that question, although in some of those decisions .....
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT312; (2004)IILLJ448Ker
..... 2(ha) of the amended act, the 'exporter' is defined as follows:''employer' means any dealer or producer of coir products who exports coir products to any country outside india from ports within the state of kerala and any such person who produces in or procures from kerala such coir products and exports them to any country outside ..... india from ports outside the state of kerala'.'producer of coir products' is defined in section 2(q) of the amended act as follows:''producer of coir products' means a person who manufacture coir products ..... acts regarding the welfare of the workers were challenged and the apex court held that the state government has got power to enact such act for the welfare of the workers as it comes under list iii. in mangalore ganesh beedi works v. union of india, (1974) 4 scc 43 a constitution bench of the apex court held that having regard .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker36; [1960]11STC747(Ker)
..... the right and the freedom to carry the trade. in addition to the aforesaid points two other objections were urged before us. they are that:(1) the state having granted the petitioners the licences is estopped from levying any fresh tax by subsequent amendment and substantially reducing the benefits under the earlier licences; (2) toddy ..... how far the exercise of such ft right to tax must be justified as reasonably restricting the freedom to trade, commerce and intercourse through the territory of india under article 301. in other words the point for decision is whether the guarantee of no tax being leviable except by the authority of law under article ..... undertaking of another act.the legality of the new amendment to act no. xi of 1125 therefore would not be affected by an equitable estoppel' against the state government, nor by its contractual obligation of not circumscrib-ing; the benefits conferred by the earlier licences. the next objection concerning incomes, from the sales of toddy .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker265
..... sections offends any constitutional right guaranteed to the management; and no objection is taken against them either.16. the decision of the supreme court in v.p. gidroniva v. state of madhya pradesh. (1970) 1 scc 362 = (air 1970 sc 14041 pointing out the distinction between suspending the contract of service of a servant and suspending him from ..... held unconstitu-tional, since they violate article 19(1)(f) and article 30(1) of the constitution.,11. now we come to the amendment of section 56. as already stated, sub-sections (2) and (4) of this section in the parent act were declared to be unconstitutional. sub-section (2) related to the dismissal, removal or reduction ..... university act 1969, since the said provisions were bad for offending articles 19(1)(f) and 30(1) of the constitution. and the supreme court, upheld this in state of kerala v. v rev. mother provincial,1970 ker lt 630 = (air 1970 sc 2079). there was a contention before the supreme court by the majority institutions that .....
Tag this Judgment!Court : Kerala
Reported in : [1969]72ITR664(Ker)
..... in it by the constitution. in bailey v. alabama, 219 u.s. 219 chief justice hughes, speaking for the majority about the power of the state legislature under the united states constitution, said:'............it is apparent that a constitutional prohibition cannot be transgressed indirectly by the creation of a statutory presumption any more than it can be ..... it remained joint, while at the same time all the members are jointly and severally liable for the total tax.46. in kalwa devadattam v. union of india, the supreme court quoted with approval the following observation of the privy council in sunder singh majithia v. commissioner of income-tax:'section 25a is directed to the ..... that we must read the observations in the order under section 25a relied on for the appellant.'27. shah j. points out in kalwa devadattam v. union of india:' under section 25a of the income-tax act, if at. the date when theliability to pay tax arose, there was in existence a joint family which hassubsequently .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker121
..... forest produce and not a plantation crop and that the levy of fdt was in accordance with section 75a which is not sustainable. article 265 of the constitution of india states that tax should not be imposed except by authority of law. article 265 provides that not only levy but also the collection of a tax must be under the ..... force only prospectively and therefore the respondent is liable to pay fdt at 5% of the sale value of coffee. accordingly the impugned order under ext. p5 was issued stating that refund was not possible. mr. james vincent further contended that section 76(g) of the kerala forest act makes it obligatory on the person who enters into ..... ) whether the levy and collection of forest development tax under section 75a are legal. (v) whether such levy and collection canbe made when article 265 of the constitution of india says that no tax shall be collected except with the authority of law. 3. on the above questions of law we heard the arguments of mr. james vincent, special .....
Tag this Judgment!Court : Kerala
Reported in : (2005)196CTR(Ker)391; [2005]275ITR146(Ker); 2005(2)KLT140
..... was expressed by the supreme court in various cases like controller of estate duty, gujarat-i v. m.a. merchant : [1989]177itr490(sc) , state of tamil nadu v. star tobacco co. (1973) 31 stc 319, etc. a division bench of this court in commissioner of agricultural income tax v ..... language used by the legislature. in cape brandy syndicate v. i.r.c. (1921) 1 kb 64 , it is stated as follows:'......... in a taxing act one has to look merely at what is clearly said. there is no room for any intendment. there ..... within a period of 10 years.3. it is well settled law that no tax in terms of article 265 of the constitution of india can be imposed, levied or collected except by the authority of law. when the wordings are clear, one has to go by the ..... is to be implied. on can only look fairly at the language used'.in state of w.b. v. kesoram industries ltd. : [2004]266itr721(sc) , the above principle was accepted by the hon'ble apex court of india. as held in wm.cory & son ltd. v. i.r.c. (1965 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker46; 2006(1)KLT294
..... out plan consists of plots for residential accommodation. the development authority points out that those plots have already been sold for non-residential purposes to the state bank of travancore and provident fund authorities. therefore, this open space cannot be considered as part of the residential area. the development authority has committed ..... the city's interest in assuring careful and orderly development of residential property with provision for open-space areas.27. the statutes in force in india and abroad reserving open spaces for parks and playgrounds are the legislative attempt to eliminate the misery of disreputable housing condition caused by urbanisation. crowded ..... the needs of the individuals whom it governs.the remarks of justice felix frankfurter addressed to the problems of the thirties are relevant to 20th century india which is still in a developing stage.it is idle to feel either blind resentment against 'government of commission' or sterile longing for the golden .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker252
..... daughter. she has further alleged in the petition that she is not even aware of the whereabouts of her husband at present. 3. originally, union of india, state of kerala and the husband of the petitioner alone were impleaded as parties to the o. p. later certain individuals, association of persons, cultural and social institutions ..... litigation and all sorts of accussions between the parties to the marriage. we may here usefully note that, that was one of the reasons stated by the law commission of india for recommending the acceptance of irretriveable break down of marriage as a ground fordivorce in hindu marriage and divorce act. in fact, the basis ..... the husband concerned are highly harsh and oppressive and as such arbitrary and violative of article 14 of the constitution of india, for, even without a detailed discussion, it can safely be stated without fear of any contradiction that no purpose whatsoever will be served by continuing the relationship of marriage which is irretrievably .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker220; (1962)IILLJ169Ker
..... the nature of ratification of what has already happened or taken place. in this connection, the learned counsel referred to black's law dictionary, 4th edition wherein 'approval' is stated to be :'the act of confirming, ratifying, sanctioning or consulting to some act or thing done by another', and 'approve'''to be satisfied with; to confirm; ratify, ..... to introduce the same and the extent and urgency of the evil which is sought to be remedied.'again, in express newspaper (private) ltd. v. union of india, air 1958 sc 578, with reference to statements of objects and reasons attached to a bill, it is observed at page 622 by mr. justice bhagwati as follows ..... of section 33 of the industrial disputes act, 1947.2. the management, who is the petitioner herein, charge sheeted the second respondent, for certain acts of misconduct stated to have been committed by him. according to the management, a due and proper inquiry was conducted and it was satisfied that the worker is guilty of misconduct under .....
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