Judgment Search Results Home > Cases Phrase: tamil nadu municipal police repeal act 2008 Court: kerala Page 7 of about 257 results (0.071 seconds)

M.R. Suresh S/O. Raman (Late) and Others Vs. State of Kerala, Represen ...

Court : Kerala

..... or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (3) the petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; and (4) in case of breach of any of the ..... like amount to the satisfaction of the judicial magistrate of the first class i, tirur, subject to the following conditions: (1) the petitioners shall report before the deputy superintendent of police, crime branch cid, hhw iii, kozhikode sub unit, on alternate mondays till the trial of the case is over or until further orders; (2) the petitioners shall not directly ..... in case of non-bailable offence, -- (1) when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court other than the high court or court of session, he may be released on bail, but (i) such person shall not be so released if ..... tamil nadu ..... 2008 (3) klt 748), a learned single judge of this court considered a criminal miscellaneous case filed under section 482 of the code of criminal procedure filed by an accused to whom summons was issued under section 204 of the code of criminal procedure in a case where the offence alleged was under section 326 of the indian penal code and section 27 of the arms act .....

Commissioner of Income Tax Vs. Chemmeens (Regd.).

Court : Kerala

Reported in : (1992)106CTR(Ker)1

..... cit(a) on facts, that the stock furnished by the assessee to the bank is inflated and unreal and cannot form the basis for the addition and that was so having regard to the conduct and act of the conduct and act of the revenue for the earlier and later years when such reality of the situation was given effect to, about which he tribunal made reference and sustained the conclusion of the cit(a). ..... state of tamil nadu : (1974)illj172sc ; ajay hasia vs ..... we do not know whether the tribunal had in mind the view that the revenue should act 'fairly' (and not arbitrarily) and so should adopt the same procedure for all the assessment years and not to single out certain assessment years ..... jalgaon municipal council : air1991sc1153 ..... 1975-76, 1977-78, 1979-80 and 1980-81, the department had acted and conducted itself in accord with the plea of the assessee and having done so the revenue should have adopted the same procedure for all the assessment years and should not single ..... matter has got far reaching consequences, since the duty to act 'fairly' is an inbuilt safeguard enshrined in art. ..... but, such act or conduct adopted for a different year cannot in any way deter or preclude the department from taking a different stand for another year ..... 35b of the it act in respect of the premium paid to export credit guarantee ..... 35b of the act in the light of the circular issued by the cbdt ..... 35b of the act as held by the cit(a) in accord with the decision of the special bench of the 'tribunal in the case of .....

Krishna @ Chandrakanth Vs. State

Court : Kerala

..... state of tamil nadu, air 2008 sc 2369 appear to have taken the contra view ..... we have the evidence of pw8 dog handler and pw9 investigating officer to suggest that the police dog, which was brought to the scene of the occurrence and deployed to gather clues had run from the scene of the crime straight to the house of the ..... bechu kurian thomas argues that in 1872 when sir james stephen drafted the indian evidence act he did not contemplate any distinction between proof in a civil trial and proof in a criminal trial and that is why the definition does not separately provide for proof in a civil case and in a criminal ..... statement of the deceased, of which pw11 has tendered evidence, is thus admissible under section 32(1) of the evidence act inasmuch as it throws light on the circumstances of the transaction leading to the death of the deceased. 76. ..... v) does not the definition of the expression "proved" in section 3 of the evidence act (the act hereinafter) apply to all facts - facts in issue and relevant facts, whether sought to be proved by direct evidence or circumstantial ..... bechu kurian thomas, on the other hand, contends that section 3 of the evidence act does not admit any distinction between proof in a civil case and in a criminal ..... even before sir james stephen started drafting the indian evidence act, that principle of insistence on higher degree of proof in a criminal trial, had come to be well accepted and entrenched in the anglo saxon law as also other refined systems. .....

R. Shaji S/O. Raghavan Vs. State of Kerala

Court : Kerala

..... other words, there must be chain of evidence so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.learned counsel appearing for the appellants referred to the following decisions in this regard:(i) bodhraj v. ..... state of tamil nadu (2009) 8 scc ..... is abundant evidence in this case to show that the limbs, torso and the skull retrieved by the police officers from various places as already mentioned are that of late praveen. ..... on 19.2.2005, according to him, he was picked up from his house by the police and produced before the court only on 25.2.2005, till then he was kept in illegal ..... passed on was that the first accused had come to know about some very objectionable act committed by praveen and before he reaches palluruthy, praveen should be removed from there. ..... when the two lower limbs were retrieved by the police, since they could not be identified, they kept it in the medical ..... on 19.2.2005 information was received in the vaikom police station that a torso in a plastic sack was found floating on the eastern side of the vembanadu lake, which is north to the ..... state of rajasthan : (2008) 5 scc 597 it was held as follows:the principle of law is well established that where the evidence is of a circumstantial nature, circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, .....

Anilkumar Vs. State of Kerala

Court : Kerala

Reported in : [2002(93)FLR1]

..... this was issued on a clarification sought by a hatchery owner of tamil nadu who brought chicks from tamil nadu, reared them in the farms in kerala taken on lease and sold the grown up chickens in kerala. ..... he also clarified that if a person from tamil nadu runs a farm in kerala taking it on lease, he will be considered the owner of the farm and the chicken from the said farm will be eligible for exemption from tax. ..... in the said note, the petitioner has stated that the chicken reared in the farms in the state are eligible for exemption even if the owners of the farms are persons belonging to tamil nadu. ..... professor wade says: 'the simple proposition that a public authority may not act outside its powers (ultra vires) might fitly be called the central principle of administrative law..... ..... the jalgaon municipal council (air 1991 sc 1153). ..... lord hailsham lc has said: 'two reasonable persons can perfectly reasonably come to opposite conclusions on the same set off act is without forfeiting their title to be regarded as reasonable'. (in re w. v. ..... if it passes those bounds, it acts ultra vires. ..... act. ..... p2 order dated 27.9.2001 has issued a clarification under section 59a of the kerala general sales tax act. .....

Sree Narayana Dharma Samajam, Ayyappankavu, Kochi, Rep. by Its Secreta ...

Court : Kerala

..... of jammu and kashmir and another [(1995) 3 ktr 37 ], it has been pointed out in paragraph 10 of the counter affidavit that the apex court has observed that the tax on luxuries act falls under entry 62 , list ii of the 7th schedule of the constitution and hence is within the competence of the state legislature and that it is not the tax on income, but the ..... it is also asserted that the petitioner was under the bonafide impression that the petitioner was entitled to have exemption by virtue of the 'proviso' to section 4 of the act, as the auditorium is mainly intended for the temple rituals such as 'annadanam' and was located in the premises of the worship, though there was a road in between, which portion was ..... of the apex court in tamil nadu kalyanamandapam association vs. ..... statement of objections, the first respondent held that the auditorium, of course, came within the purview of the act and hence the petitioner was liable to take out registration and remit tax due for the years 2005-06 to 2008-09, for the reasons stated therein, under clauses(i) to (iv). ..... of the petitioner that sro 1077/95 stands repealed by virtue of section 98 of the kvat act, is not correct. ..... case that the first respondent lacks jurisdiction to pass the impugned orders for want of notification under section 3 of the act, contending that the earlier notification sro 1077/95 is no longer in existence, as the kgst act under which the said notification was issued stands repealed by section.98 of the kvat act. .....

Ateesee (Agro-industrial Trading Corporation) Vs. State of Kerala

Court : Kerala

Reported in : [1978]41STC1(Ker)

..... that the principle involved is as applicable in india as it is in this country.it seems to be no less logical to hold that where certain provisions from an existing act have been incorporated into a subsequent act, no addition to the former act, which is not expressly made applicable to the subsequent act, can be deemed to be incorporated in it, at all events if it is possible for the subsequent act to function effectually without the addition.in the light of the above principles, it was pointed out that the provision in section 71 of the ..... this doctrine finds expression in a common-form section which regularly appears in the amending and repealing acts which are passed from time to time in india. ..... local act giving finality to the award of the tribunal and the deliberate exclusion of section 54 of the general act, from the provisions of the local act (which was allowed to stand even after the amendments to the general act), were strong indications of the legislature's intention that there should be no right of appeal from the high court to the ..... the petitioner's counsel cited the decision of the madras high court in state of tamil nadu v. ..... by the local act the board of trustees was given power to carry out improvement schemes within the municipal limits of calcutta to facilitate expeditious acquisition of lands for the purpose. .....

Manakunnam Village Padasekhara Samrakshana Samithi, Kandanad, Rep. by ...

Court : Kerala

..... /lakshmi paper industries ltd has filed an additional counter affidavit, mainly to the effect that the provisions of act 28 of 2008 (conservation of paddy land and wet land act) are not attracted to the case in hand, as the property was not remaining as 'paddy land/wet land' as on the date of commencement of the act and was actually converted decades back, after obtaining permission of the district collector. ..... the term 'paddy land and 'wet land' as defined under section 2(xii) and 2(xviii) of the act 28 of 2008 are extracted below: "(xii) 'paddy land' means all types of land situated in the state where paddy cultivated at least once in a year or suitable for paddy, cultivation but uncultivated and left ..... took up the matter and after hearing the company, ext.p4 order (ext.p16 in ext.p5 judgment) was recalled as per ext.p6 order dated 29.03.2008, observing that the impugned order was issued by the government, apprehending (from the report of the kscste) that the company may violate the crz ..... p11 is a no objection certificate issued by the panchayat/local authority dated 09.08.2006 stating that the provisions of the kerala municipal building rules 1999 have not been enforced in the panchayats and as such noc is not required for the proposed construction of beach resort at poothotta, in the said grama panchyath, however ..... 2009, was originally filed to direct the respondents 1 to 5 (state/police/local authority) to prevent the respondent 6 and 7 (companies boutique hotels ..... police .....

President, K. Chenthamara, Chittoor Block Panchayat and Others Vs. Ker ...

Court : Kerala

..... mulangasseri and others (2015 (1) khc 111) a division bench of this court (in which i was a party) held that, though the expression 'defection' is not defined in the act, it has to be understood as to mean that a member who has violated the whip or has voluntarily given up the membership of the political party to which he belongs shall ..... the 2nd respondent filed o.p.nos.96 of 2013 to 100 of 2013 before the kerala state election commission (hereinafter referred to as 'the commission') under sections 3 and 4 of the act, read with rule 4a of the kerala local authorities (disqualification of defected members) rules, 2000 (hereinafter referred to as 'the rules') to hold that the petitioners herein have ceased to be members of chittoor block panchayat ..... indisputably the writ appellants, who were elected to the municipal council as official candidates of the indian national congress and having continued so in the council, have voted in favour of the no confidence motion moved by the rival political parties on 21.4.2008 and by the said conduct they had incurred the disqualification of voluntarily giving up membership in the political party. ...... ..... best evidence in his possession, which could throw light on the issue in controversy and in case such material evidence is withheld, the court may draw adverse inference under section 114(g) of the evidence act, 1872 notwithstanding, that the onus of proof did not lie on such party and it was not called upon to produce the said evidence. 25. .....

M.D.P.S. U.P. School Vs. Paulose

Court : Kerala

Reported in : 2010(2)KLT29

..... tamil nadu water ..... minority institution to choose a qualified person as the headmaster of the school is well insulated by the protective cover of article 30(1) of the constitution of india and that right cannot be chiselled out through any legislative act or executive rule except for fixing up the qualifications and conditions of service for the post. ..... universities in kerala or any other equivalent training qualification prescribed for appointment as lower primary school assistant or upper primary school assistant.thus, with effect from 25.1.2008, the prescription of the mandatory preference given to graduate teachers has been withdrawn. ..... choose a qualified person as the headmaster of the school is well insulated by the protective cover of article 30(1) of the constitution and it cannot be chiselled out through any legislative act or executive rule except for fixing up the qualifications and conditions of service for the post. ..... which was in force during the period from 22.10.1971 to 25.1.2008 is thus in our opinion, a rule which prescribes the qualifications for the post of headmaster of an upper primary school and not merely a rule ..... we however clarify that with effect from 25.1.2008, the educational agency/manager has the right to appoint an undergraduate teacher as the headmaster of an aided upper primary school, even if there is a senior graduate teacher.registry is directed to post ..... , on and with effect from 25.1.2008 the prescription of graduation as a mandatory ..... 2008 ..... 2008 .....