Court : Kerala
Reported in : [1980]45STC79(Ker)
..... with the object of effectuating a swift transition, the states reorganisation act made a blanket provision in section 119 continuing the operation of the laws in force in the territories in which they were previously in force notwithstanding the territorial reorganisation into different administrative units until the competent legislature or authority amended, altered or modified those laws.there is thus no force in the objection that the madras general sales tax act, 1939, cannot be revived after its repeal by the kerala act 12 of 1957.9. ..... been, in force to the extent and subject to the special provisions hereinafter contained, for the purposes necessary for, or ancillary to, the levy, assessment, reassessment and collection (including appeals, reviews and revisions) of tax on the sales of tea and rubber made during the period commencing on and from the 1st day of april, 1951, and ending with the 30th day of september, 1957.the explanation to section 4 of the act did away with the beneficial provisions of clause (v) of section 5 of the madras act as amended by act 16 of 1956. ..... the question here is whether the mysore legislature was competent in 1964 to impose tax on sales of textiles during the assessment period, namely, from october 1, 1957, to march 31, 1958, at a rate in excess of that specified in section 15 of the central sales tax act, as it stood then, when textiles were not declared goods. ..... state of andhra pradesh a.i.r. ..... 1486, and government of andhra pradesh v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker110
..... namely, 1964 ker lt 704 = air 1965 ker 84, it was assumed on all hands that, having regard to entry 41 of the state list read with articles 245, 246 and 162 of the constitution and to article 309, the power to integrate the service personnel allotted to a state from other states under the provisions of the states reorganisation act so as to constitute the unified services of the state resided in the state subject to the control vested in the central government by section 115 of the act ..... affairs of any of the existing states of mysore, punjab, patiala and east punjab states union and saurashtra shall, as from that day, be deemed to have been allotted to serve in connection with the affairs of the successor state to that existing state,(2) every person who immediately before the appointed day is serving in connection with the affairs of an existing state part of whose territories is transferred to another state by the provisions of part ii shall, as from that day, provisionally continue to ..... division and integration of the services among the new states and the states of andhra pradesh and madras; and(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons'.the obvious and necessary implication is that the central government must necessarily have something to do in regard to the division and integration of the services and the ensuring of fair and equitable .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker165
..... powers conferred by sub-section (3) of section 115 of the states reorganisation act, 1956 (37 of 1956), the central government hereby determines that all persons who immediately before the appointment day were serving in connection with the affairs of the state of madras in the territories specified in clause (b) of sub-section (1) of section 5 of the states reorganisation act, 1956 (37 of 1956) and who were required to ..... section 115(5) of the states reorganisation act, 1956 which provides for the establishment of one or more advisory committees for the purpose of assisting the central government in regard to the division and integration of the services among the new states of andhra pradesh and madras; and the ensuring of fair and equitable treatment to all persons affected by the provisions of section 115 of the states reorganisation act and ..... owing to an emergency which has arisen to fill immediately a vacancy in the category of district munsiffs and there would be undue delay in making such appointment in accordance with these rules, the government may appoint a person by transfer from among the categories mentioned in sub-rule (i) of rule 4 in consultation with the high court, ..... a member of a service nothing will be done by the state government to alter what the members of the service consider to be their chances ..... that occurred after the vacancies which should be filled up by the persons whose names are mentioned above his in the list or those who should have been appointed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker84; (1966)IILLJ647Ker
..... section 117 of the act, it is for the central government to make the final allotment of persons serving in an existing state for service in a successor state, to see to the division and integration of the services among the new states (of which kerala is one) and the states of andhra pradesh and madras, to ensure fair and equitable treatment to all persons whoso services have been transferred from one state to another, and ..... and since against those decisions the right to file review petitions/counter-representations is reserved, as soon as the list is finalised pursuant to those decisions and published by the state government, these decisions can only be provisional and there is nothing in the state reorganisation act ..... asks the state governments to do in relation to the division and integration of the service is really a statutory direction, and, when it has the effect of altering a decision of the state government to ..... that the petitioners should not be given the benefit of their temporary service, namely, that because that service did not count for seniority in their parent stateof ..... state of kerala, dated 16-5-1962, which lays down that service pursuant to provisional or emergency appointments of the travancore-cochin or madras personnel prior to 1-11-1956 before regularisation of their appointments by the competent authorities should be taken into account for purposes of deciding the interstate seniority only if such service is either regularised or was in a time scale of pay and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker371
..... from the provisions of section 5 of the state reorganisation act, 1956 it is clear that though kasaragod taluk was not known as part of the malabar province since the coining into force of the said act that taluk also will be known as malabar. ..... act as 'malabar district' referred to in sub-section (2) of section 5 of the states reorganisation act, 1956. ..... kasaragod taluk within the terrotorial limits of which the property in question is situated falls within the malabar district as defined in the states reorganisation act. ..... in fairness, submissions are made and must be mentioned transgressing the limits prescribed by section 10(v) of the kerala land reforms act, 1963 placing reliance on provisions of section 2 of transfer of property act, 1882 to the effect that incidents allowed by the law time being in force creating any rights are not affected. ..... analysis of section 58(d) provides the following ingredients, namely, (a) delivery of possession or a binding in regard thereto; (b) authority to the mortgagee to retain possession until payment of mortgage money and to receive the rents and profits; and (c) the rents and profits are to be appropriated in lieu of interest or in payment of the mortgage money in part or in whole in regard to the either of them. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker182
..... or other authority to repeal or amend 'any law adapted or modified by the president under the constitution', with the words in section 120 of the states reorganisation act under which the existing law was to be given effect to 'subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority' and he urged that the reference to the law as adapted' or 'modified' in the former made all the difference.we fail however ..... general principle is well settled that a territorial nexus or connection may be enough to save extra territorial legislation and; as stated in the first of the cases referred to above : [1957]1scr874 ,'sufficiency of the territorial connection involved a consideration of two elements, namely (a) the connection must be real and not illusory, and (b) the liability sought to be imposed must ..... any day anterior to it but within that year as the case may be.now the former malabar district was dis-integrated from the madras state and became part of kerala only as and from 1-11-1956. ..... sections 3 and 4 was therefore to insist that the incomeassessed for particular year was not alone to navereference to the previous year but must also bederived from land situated within the state duringthat previous year.the assessment here being for the financial year 1957-1958 cannot on the above basis validly take in any portion of the income derived from the land in the malabar area during the period before 1-11-1956 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker96
..... according to section 2(h) of the states reorganisation act, 1956 (central act xxxi of 1956), 'law' includes 'any enactment, ordinance, regulation, order, bye-law, rule scheme, notification or other in-strument having the force of law in the whole or in any part of the territory of india' and it is also not disputed that the notification of the government of travancore-cochin of the 20-3-1952 is a 'law' within the ambit of that definition.the only contention is that section 120 of the states reorganisation act, 1958, does not empower the government of keraia to ..... of facilitating the application of any law in relation to any of the states formed or territorially altered by the provisions of part ii, the appropriate government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.'7. ..... words of the notification read as follows:'under section 120 of the states reorganization-act, 1956 the government of kerala hereby order that the undernoted notification is made applicable to the districts of kozhikode, palghat, can-nanore and other areas in the former malabar district which have been transferred to the tri-chur district with effect from 18-6-1957.'2. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker123
..... according to him formation of the united state of travancore and cochin later termed the state of travancore-cochin on 1-7-1949 and the formation of the state of kerala by the states reorganisation act, 1956, on 1-11-1956 were acts of state, and no municipal forum has the right to entertain the suit and investigate the controversy. 4. ..... the states reorganisation act, 1956, was only a piece of legislation in the exercise of the powers conferred on parliament by articles 3 and 4 of the constitution. ..... state of uttar pradesh, air 1954 sc 447 the court said: 'all authorities are agreed that it is within the competence of the new sovereign to accord recognition to existing right in the conquered or ceded territories and, by legislation or otherwise, to apply its own laws to them; and these laws can, and indeed when the occasion arises must, be examined and interpreted by the municipal courts of the absorbing state. ..... such an agreement or recognition may be either express of may be implied from circumstances and evidence appearing from the mode of dealing with those rights by the new sovereign. ..... section 7 of that act was also to the same effect. 8. ..... and as pointed out by the learned judge in the judgment under appeal section 91(a) of that act is sufficient to sustain the present suit against the state of kerala. 10. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker300
..... (f) 'private forest' means-(1) in relation to the malabar district referred to in sub-section (2) of section 5 of the state reorganisation act, 1956 (central act 37 of 1956)(i) any land which the madras preservation of private forest act, 1949 (madras act xxvii of 1949), applied immediately before the appointed day excluding-(a) lands which are gardens or nilams as defined in the kerala land reforms act, (1963 (1 of 1964). ..... any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market.explanation: lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops;(c) lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated with any other agricultural ..... p7 and p8, restraining the petitioner from cutting and removing the trees from the area in question on the ground that the properties covered by those notifications are private forests. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT655
..... under the said notification, all range officers in charge of special ranges for vested forests in the malabar districts referred to in sub-section (2) of section 5 of states reorganisation act, 1956 and the assistant wild life wardens and assistant wild life preservation officers specified in the schedule are appointed as the authorised officers.13. ..... as the maximum sentence provided under section 9 of the act is only imprisonment for two years, if it is the first offence and three years, if it is a subsequent offence, as provided under clause (c) of sub-section (2) of section 468 of code of criminal procedure, period of limitation to take cognizance is three years from the date of commission of the offence. ..... that the maximum punishment provided under section 9 of the act, for violation of an offence under section 5, is imprisonment which may extend to two years or fine which may extend to rupees two thousand, as there is no case that petitioner was involved in an offence of this nature earlier and even if it was a subsequent offence, the maximum imprisonment is three years and as provided under section 468 of code of criminal procedure, cognizance cannot be taken after three years from the date of commission of the offence .....
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