Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 21 high court for himachal pradesh Court: kerala Page 1 of about 27 results (0.174 seconds)

Malayalam Plantations (India) Ltd. Vs. Commissioner of Income-tax.

Court : Kerala

Reported in : (1988)74CTR(Ker)35; [1988]174ITR587(Ker); [1988]40TAXMAN318(Ker)

..... state of himachal pradesh, : air1987sc1239 and state of haryana v. ..... if it is not so done, it will be violative of the principles of natural justice and is unfair there is no suggestion in the section or in the rules to deny the right of an affected person to be heard and so section 215(4) of the act and rule 40 of the rules should be interpreted as implying the preservation of such a right (see baldev singh v. ..... by exhibit p-2, dated may 15, 1980, the assessee stated that section 217(1a) is not attracted and in the alternative, also prayed that the assessment may be revised deleting the interest charged under section 217(1a) of the act in exercise of the powers under rule 40 of the income-tax rules, 1962. ..... all other pleas raised before us by counsel for the assessee and counsel for the revenue are left open.sections 215(1) and 215(4) of the income-tax act, 1961, are as follows :'215. ..... the decision of the gujarat high court in patel engineering co. ..... the assessment order served on the assessee dated march 13, 1980, will show that the levy itself was under section 217(1a)(2) the petition filed by the assessee under rule 40 of the income-tax rules was not properly considered. ..... in this original petition, the controversy is regarding waiver or reduction of interest under section 215(4) of the income-tax act (in short 'the act') for the year 1977-78. ..... union of india, : [1970]1scr457 and swadeshi cotton mills v. .....

Mathen Mathai Vs. General Manager, K.S.R.T.C. and ors.

Court : Kerala

Reported in : 1990ACJ73; AIR1990Ker92

..... union of india, 1975 ace cj 256 : (air 1975 him pra 62) learned single judge of the himachal pradesh high court held that when a compromise is sought to be entered on behalf of a minor before the tribunal, provisions of order xxxii, rule 7 would be applicable even though they are not specifically made applicable to proceedings before tribunals under the act or the rules. ..... a division bench of the himachal pradesh high court dismissed the appeal against this decision in national carriers v. m.j ..... it shall have powers of a civil court for all purposes of section 195 and chapter xxvi of the code of criminal ..... shall also be deemed to have powers of a civil court for the purposes mentioned in section 110-c(2). ..... even where tribunal has been constituted, the proviso to section 110(1) would give an option to the claimant to refer the claim of the nature mentioned therein to a civil court for adjudication and in such a case tribunal has no jurisdictions ..... sher singh, air 1978 punj & har 265 punjab and haryana high court held that provisions of order xxxii of the code are applicable to proceedings before ..... the argument is that since neither the provisions of the act nor the rules specifically state that the provisions of order xxxii of the code are applicable to tribunal, such provisions are inapplicable.4 ..... sharma, air 1970 sc 759 (para 4) :'in the absence of any statute or statutory rule, the regional transport authority may devise any reasonable procedure for dealing with the situation .....

Dharmarajan Vs. State of Kerala

Court : Kerala

..... in state of himachal pradesh v ..... in state of himachal pradesh v ..... state of himachal pradesh, (1997) 4 scc161.11 ..... state of himachal pradesh, (2009) 11 scc588" crl.a. no ..... in state of himachal pradesh v. ..... state of karnataka ((2003) 4 scc46 and state of himachal pradesh v ..... (air2000sc1812, a three judge bench of the supreme court held that absence of injuries on the person of the prosecutrix had weighed with the high court for inferring consent on the part of the prosecutrix and it was ..... state of karnataka ((2003) 4 scc46, the supreme court quoted with approval the decisions of the punjab and haryana high court in rao harnarain singh's case, of the kerala high court in vijayan pillai's case and of the madras high court in anthony, in re's case. ..... as a legal proposition we cannot agree with the high court that statement of an accused recorded under section 313 of the code does not deserve any value of utility if it contains inculpatory ..... the state of maharashtra (air1981sc1062(1)), the supreme court held: "for an offence under section 120b the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act: the agreement may be proved by necessary implication. " 62 ..... we, therefore, set aside the impugned common judgment of the high court and remand the matters back to the high court for fresh disposal in accordance with law." 13. ..... :: the kerala police manual 1970 vol ii paragraph 306 provides for "registering in first information register book" .....

University of Kerala Vs. Molly Francis

Court : Kerala

Reported in : AIR2005Ker11; 2004(2)KLT1157

..... to help the court and he has helped the court by bringing to my notice the decision of the himachal pradesh high court reported in jugal ..... under the limitation act, 1963 (1908) were governed by article 36, for which now there is no corresponding article in the act and thus they will now be governed by the residuary article 113, for which period of limitation is three years from the date of accrual of cause of action'.the learned judge followed the decision of the supreme court reported in state of punjab v. ..... of this article would show that it relates to a suit for compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force in the territories to which this act extends and provides a period of limitation of one year from the time the act or omission takes place. ..... according to the learned counsel for the respondent what is contemplated under article 72 is suit for compensation for doing or omitting to do an act alleged to be in pursuance of any ..... as follows:description of suit:period of limitationtime from which period beginsto runfor compensation for doing orfor omitting to do an act alleged to be in pursuance of any enactment inforce for the time being in the territories to which this act extends.one yearwhen the act or omission takesplace9. ..... that on the reverse page of the application which contained the instructions to candidates it is stated that university can never set in any case a time limit for the issue of the results of revaluation. .....

Krishnankutty Vs. State of Kerala

Court : Kerala

Reported in : 2005(3)KLT568

..... quantity seized was in excess of the permitted quantity, he was proceeded under the punjab excise act, which was applicable to the state of himachal pradesh as well. ..... of section 50 of the act was not found favour with the high court. ..... accused has faced trial for the offence under section 55(a) of the abkari act before the additional sessions court (ad hoc-1), thodupuzha ..... of the accused under section 20(h)(ii) of the act and sentence of rigorous imprisonment for ten years thereunder, were set aside and the accused was directed to undergo rigorous imprisonment for six months and to pay a fine of rupees one lakh under section 27 of the act.6. ..... the offence under section 55(a) of the abkari act is alleged against the appellant for having possessed eight bottles (mo.2 series and mo.3 series) of indian made ..... analysing section 27 of the act, the apex court came to the conclusion that five grams of charas possessed by the accused, a foreign national, was for his personal use and comes under section 27 of the act, because of the non-availability of analytical report from an expert for the remaining seven grams of the ..... it is relying on the above principle of law that the learned counsel for the appellant submitted that the prosecution has proved that the appellant had possessed only ..... found guilty and, therefore, convicted and sentenced thereunder to undergo rigorous imprisonment for six months and to pay a fine of rupees one lakh, or in default, to undergo simple imprisonment for three months. .....

M/s. Hotel Savoy Bar and Others The State of Kerala, Repersented By Th ...

Court : Kerala

..... provided by hotels has been succinctly stated by a constituti on bench of the hon'ble supreme court in state of himachal pradesh and others v. ..... apex court in state of himachal pradesh and others ..... consumer, a wholesale dealer who makes such direct sale to the consumer; rule 2(l)- "retail sale in relation to a commodity means the sale distribution or "delivery of such commodity through retail sales shops agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer; rule 2 (m)- "retail sale price" means the maximum price at which ,the commodity in packaged form may be sold to the ultimate consumer and ..... than the declared maximum retail price on the package attracts an offence under rule 18(2) of the legal metrology (packaged commodities) rules, 2011 ( l.m.p.c rules for brevity ) read with s 18 of the legal metrology act 2009 ( lm act for brevity )and punishable under section 32 (2) of the l.m.p.c. ..... counsel also relied on the judgment of the delhi high court in the federation of hotels and restaurants association of ..... j , speaking for a three judge bench, while dismissing the review petition, in his inimitable words has stated thus : it sometimes happens that high-style restaurants or residential hotels render a bungle of special services like ball dance, rare music, hot drinks, 'viands of high regale', glittering crockery, re gal attention or 'bikini' service and even sight-seeing transport or round-thecity visits, shoe-shining, .....

State of Kerala, Represented by the Chief Secretary to Government and ...

Court : Kerala

..... the learned senior counsel appearing for the petitioners has relied on the judgment of the apex court reported in state of himachal pradesh and another v. ..... the post of district judges (c) two shall be officers not below the rank of a secretary to government; and (d) two shall be public men of repute having known integrity; provided that the approval of the chief justice of the high court of kerala shall be obtained for appointing as members of ombudsman till they hold the post of high court judge or district judge and for appointing public men as members, the leader of opposition of the kerala legislative assembly shall be consulted. ..... shall not hold any office (other than being a member) of faith or profit or do any business or engage in any work and accordingly a person other than high court judge or district judge or secretary to government appointed as member shall, before entering his office,- a) resign the membership of the parliament or any state legislative assembly or local self government institution if he is such a member; b) resign from the office of faith or profit if he is holding such an office; c) resign from doing or supervising ..... sub-section (3) of section 5 of the 1970 act contained the similar restrictions as contained under section 271g(6) of 1994 act. .....

T.M. Basheer Vs. Secretary, Regional Transport Authority and Another

Court : Kerala

..... state of himachal pradesh and others [air 2008 sc 1888] has cautioned that the state has no say in the matter of grant of permit and said: apart from the fact that nothing has been placed on record to show that the chief minister in ..... for permits under the relevant provisions of the act and they are considered on the merits, particularly in the light of the evaluation of the claims of the respective parties, the transport authorities are exercising quasi judicial powers and are discharging quasi judicial functions, and so, orders passed by them in exercise of those powers and in discharging those functions are quasi judicial orders which are subject to the jurisdiction of the high court ..... the relevant part reads as follows:- the commission's standing counsel before the hon'ble high court of kerala has now sought fresh instructions in the case from the eci and has also brought to the notice of the commission ..... party in power: the party in power whether at the centre or in the state or states concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular: i) x x x x ii) x x x x iii) x x x x iv) x x x x v) x x x x vi) from the time elections are announced by commission, ministers and other authorities shall not - (a) announce any financial grants ..... exercising a quasi judicial power in the grant of permits under sections 72 and 87 of the motor vehicles act, 1988 ['the act' for short]. .....

Vilasini and Others Vs. Thankam Alias Thankamma

Court : Kerala

..... state of himachal pradesh (air 1981 sc 361), contended that an entry made by the registrar of births and deaths in the register maintained by him as regards the death of a person is admissible in evidence as a relevant fact under section 35 of the indian evidence act ..... state of himachal pradesh (supra), in the circumstances, may not be of any ..... the learned counsel for the appellants further contended that since the death of kunjukutty amma was registered based on an order issued by the sub divisional magistrate under section 13(3) of the registration of births and deaths act, 1969, in the light of the provisions contained in the said section that an order under the said section shall be issued only after verifying the correctness of the death, the entry regarding the date of death in the register ..... scc 604), the apex court has held that an entry relating to the date of birth made in the school register is relevant and admissible under section 35 of the evidence act, but the entry regarding the age of a person in a school register is of not much evidentiary value to prove the age of the person in the absence of the material on ..... resisted the suit, contending, among others, that kunjukutty amma died prior to the introduction of the hindu succession act, in the year 1955 itself and that therefore, the plaintiffs have not acquired any right in the suit properties ..... counsel for the appellants, relying on the decisions of the apex court in ..... narain singh and others [(1970)2 scc 277] and .....

Siemens Ltd. Vs. State of Kerala

Court : Kerala

Reported in : [2002]125STC544(Ker)

..... as noticed by the supreme court in the orissa act and himachal pradesh act in (2000) 118 stc 297 and 306 is there in the amended sub-section (7b) of section 7 and consequent rules.in the above circumstances, we declare that sub-section (7b) fo section 7 of the kgst act and rule 22a(2) of the kgst rules brought into force on 1.4.1994 are ultra vires as beyond the legislative competence of the state so long as it enables the state to collect tax inclusive of turnover covered by inter-state sales, sales in the course ..... of tax at source from the payment to works contractors :- (1) notwithstanding anything contained in section 13 or any other law or contract to the contrary, any person responsible for paying any sum to any contractor (hereinafter referred to in this section as the 'deducting authority') for carrying out any works contract, which involves transfer of properly in goods, in pursuance of a contract between the contractor and- (a) central government or any state government, or(b) any local authority, or(c) any authority or corporation established by or under a ..... section 13aa should have been precisely drafted to make it clear that no tax was levied on that part of the amount credited or paid that related to inter-state sales, outside sales and sales in the course of import, particularly after the previous section 13aa had been struck down by the orissa high court for the reason that it was couched in terms wider than were permissible to the state legislature and that .....