Judgment Search Results Home > Cases Phrase: the kerala contingency fund amendment act 1983 1 Page 1 of about 16,157 results (0.500 seconds)

Philomina Jose Vs. Federal Bank Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1162; 2006(3)ALT1(SC); 2006(2)AWC1576(SC); II(2006)BC98(SC); 2006(4)BomCR870; (SCSuppl)2006(2)CHN154; 101(2006)CLT808(SC); [2006]130CompCas1(SC); 2006(4)CTC188; [2

..... the effect of section 97(1) of the amendment act is that all the local amendments made to any of the provisions of the code either by a state legislature or by a high court which were inconsistent with the code as amended by the amendment act stood repealed irrespective of the fact whether the corresponding provision of the code had been amended or modified by the amendment act and that was subject only to what was found in sub-section (2) of section 97. ..... first, the kerala amendment became non-est because of the amendment act. ..... learned counsel for the respondents on the other hand submitted that it was commonly believed that the kerala amendment introduced on 15.1.1974 was in force at all times and the fresh amendment done in november, 1990 was just by way of clarification that it was effective till the amendment. 7. ..... though a right under order 34 rule 5 was available under the code, after the substitution of order xxxiv by the kerala amendment there is no such right available to the mortgagor.5. ..... the amendment stood repealed by virtue of section 97(1) of the code of civil procedure (amendment) act, 1976 (act 104 of 1976)(in short the 'amendment act') which came into force on 1.2.1977. 3. ..... that being so, till 20.11.1990, the kerala amendment was not effective from 1.2.1977.13. ..... the court may not at the time of passing of the decree, be aware as to which contingency will happen in future. .....

Bhawani Shankar Satpathy and ors. Vs. State of Orissa

Court : Orissa

Reported in : 1996(II)OLR546

..... the yamuna and ganga is a sin against bodily health, not a saltation for the soul--so polluted and noxious are those 'holy' waters now.the anxiety to save the environment manifested in the constitution (forty-second amendment) act, 1976 by the introduction of a specific provision for the first time to 'protect and improve' the environment ..... solid substance into water (whether directly or indirectly ) as may, or is likely to create a nuisance or render such water harmful or injurous to public health or safety, or to domestic commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms ; xx xx xx(g) 'sawage effluent'means effluent from any sewerage system of sewage disposal works and includes sullage from open drains;(g) 'sewer' means any conduit pipe or channel ..... grievance of the inhabitants as reflected in the letter addressed to this court in that such a contingency as indicated by the learned author may befall majority of population of ..... funds are provided to the municipality by the state government it would not be possible to take up renovation of the ..... funds, the municipality is not able to take up intensive renovation work of the ..... measures have to be taken, and whenever funds are allocated, proper utilisation thereof is ..... the municipality is taking all necessary steps, unless adequate funds are provided by the state government it would not be possible to undertake the ..... funds should not and cannot stand on the .....

J. Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Reported in : [1995]83CompCas853(Mad)

..... in order to understand the ramifications of the questions posed in all facts, better it is, we think, to go into the objects and reasons for the re-introduction of chapter xvii of the act, by section 4 of the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (act 66 of 1988), under a new nomenclature for the chapter of penalties in case of dishonour of certain cheques for insufficiency of funds in the accounts. 7. ..... manifold situations may be created by a fraudulent drawer using all sorts of ingenuity to make it appear that the reason for the return of the cheque unpaid, was neither of the two contingencies contemplated by section 138 of the act although in the real state of affairs, the reason for the return of the cheque unpaid was either of the two contingencies contemplated therein alone. ..... with respect, we agree fully with the view expressed by the division bench of the bombay high court in the case of rakesh nemkumar porwal [1993] 78 comp cas 822; [1993] crl lj 680 of the kerala high court in the case of thomas varghese [1992] crl lj 3080 ; [1993] 76 comp cas 380 and a single judge of the rajasthan high court in the case of peary lal rajendra kumar pvt. ..... a single judge of the kerala high court in bhageerathy v. v. ..... ' (ii) a division bench of the kerala high court in thomas varghese v. p. .....

Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Reported in : 1995CriLJ1882

..... . in order to understand the ramifications of the questions posed in all facts, better it is, we think, to go into the objects and reasons or the re-introduction of chapter xvii of the act, by section 4 of the banking public financial institutions and negotiable instruments laws (amendment) act, 1988 (act 66 of 1988) under a new nomenclature for the chapter 'of penalties in case of dishonour of certain cheques for insufficiency of funds in the accounts'. 9 ..... referred for an authoritative pronouncement : (i) will a magistrate be competent to take cognizance of a private complaint when the return by the bank of the cheque bears an endorsement of contingencies or eventualities other than the ones mentioned in section 138 of the negotiable instruments act (ii) will it permissible to invoke the inherent power under section 482 of the code of criminal procedure, to put an end to the prosecution, merely because certain words in the statute had not been reproduced in the complaint notwithstanding the fact that the complaint discloses, taken in its totality, the ingredients of the offence alleged 8 ..... . with respect, we agree fully with the view expressed by the division bench of the bombay high court in the case of rakesh parwal : 1994(3)bomcr355 of the kerala high court in the case of thomas verghese (db) and a single judge of the rajasthan high court in the case of m/s ..... .' (ii) a division bench of the kerala high court in thomas verghese v. p .....

Seth Mukund Das Rathi Vs. Commissioner of Wealth-tax

Court : Rajasthan

Reported in : (1990)87CTR(Raj)43; [1991]188ITR518(Raj)

..... the finance act, 1976, however, has retrospectively amended section 40a of the income-tax act with effect from april 1, 1973, and, as a result, the deduction in respect of provision for gratuity is available to assessees who created before april 1, 1976, an approved gratuity fund under an irrevocable trust and transferred the prescribed admissible amount to such fund. ..... the supreme court held that on the plain terms of the award the liability to pay gratuity to the employees of the appellate-company on determination of employment is a mere contingent liability which arises only when the employment of the employee is determined by death, incapacity, retirement or resignation and that the amount claimed cannot be deducted as a debt in computing the net wealth of the assessee. ..... these observations show that the court was of the view that though such a liability is a contingent liability and, therefore, not a 'debt' under section 2 of the wealth-tax act, it would be deductible under the income-tax act while computing the taxable profits. ..... gopinathan nair : [1976]103itr23(ker) held that even after the coming into force of the kerala gratuity act, the provision for liability of gratuity was not a debt due and was not deductible under section 2(m) of the wealth-tax act. ..... the kerala high court in cwt v. k. .....

Commissioner of Income-tax Vs. Palace Fund (individual)

Court : Kerala

Reported in : [1992]196ITR505(Ker)

..... the revenue contended before the division bench that the scope of the valiamma thampuran kovilakam estate and the palace fund (partition) act, 1961 (act 16 of 1961) (for short 'the palace fund (partition) act'), and the valiamma thampuran kovilakam estate and the palace fund (partition) and the kerala joint hindu family system (abolition) amendment act, 1978 (act 15 of 1978) (for short 'the palace fund partition (amendment) act), has not been considered by the tribunal before arriving at its finding. ..... section 3 of the act gave power to the seniormost male member of the family within 60 days from the date of commencement of the valiamma thampuran kovilakam estate and the palace fund (partition) and the kerala joint hindu family system (abolition) ordinance, 1978, to direct partition of the palace fund among all the members entitled to a share of the estate and palace fund under section 4 of the kerala joint hindu family system (abolition) act, 1975, and such direction shouldbe published by the board in the gazette. ..... palace fund partition (amendment) act, had not been considered by the tribunal and, in the light of the provisions contained therein, according to the revenue, it would be erroneous to come to the conclusion that the assesseehas only a permissive right of use and occupation in regard to the properties known as valiamma thampuram kovilakan estate and palace fund. ..... section 3 of the palace fund (partition) act makes the partition contingent on the maharaja's declaration. .....

Madhu Silica Private Limited and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : [1992]85STC258(Guj)

..... points for determination : in the light of the aforesaid rival contentions, the following points arise for our determination : (1) whether the impugned new provision of section 15b of the gujarat sales tax act, 1969, is within the legislative competence of the state legislature (2) if not, to what reliefs are the petitioners entitled to (3) if the impugned provision is within the legislative competence, whether the validating provision of section 4(2) of the gujarat sales tax (amendment) act, 1990, can sustain all actions taken and all taxes paid and all assessments ..... it would be appropriate to note that the aforesaid two decisions of the kerala high court were rendered at the time entry 92b of the union list was not inserted as per forty-sixth constitution amendment and on the language of that section, the court was concerned with the short question as to what was the taxable event and the taxable event was found to be one of purchase of ..... he also invited our attention to entry 118 in the notification issued under section 49(2) relating to industries in backward area and submitted that till the contingency contemplated by the said provision takes place it would not be possible to arrive at any definite ..... in this connection, the learned advocate-general rightly invited our attention to the fact that the word 'then' is an advert and it connotes two eventualities - (i) reference to the time and (ii) reference as to the contingency, meaning thereby, it either means at that time or in .....

Gokul Chit Funds and Trades Private Ltd. Vs. Thoundasseri Kochu Ouseph ...

Court : Kerala

Reported in : AIR1977Ker68

..... section 529 of the act provides that 'in the winding-up of an insolvent company, the same rules shall prevail and be observed with regard to (a) debts provable; (b) the valuation of annuities and future and contingent liabilities; and (c) the respective rights of secured and unsecured creditors; as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent', the law of insolvency in force in this state is the insolvency act, 1955 (act 2 of 1956) as amended by (act 18 of 1957). ..... the liquidator wants us to understand this section as laying down that all the provisions of the kerala chitties act, 1975 other than those specifically ex-cepted shall be applicable in the matter of determination of the rights and liabilities of parties arising out of all chit fund transactions which were started in the malabar area prior to the date of commencement of the said act irrespective of whether or not the chit fund scheme was in existence on the said date. ..... hence we have no hesitation to held that section 70 of the kerala chitties act, 1975 does not have the effect of rendering the provisions of the said enactment applicable in the matter of determination of the rights and liabilities of parties in respect of chit fund transactions in the malabar area which were not in existence on the date of commencement of the said act. .....

Komalakumar, Proprietor, Vs. The State of Kerala, Represented by the C ...

Court : Kerala

..... in such a case, if the hirer fails to surrender the said plot despite the fulfilment of the aforestated conditions envisaged in the said clause 13, then clause 14 of the agreement envisages that on the failure of the hirer to surrender the plot on demand in such a contingency, then only the hirer shall be considered to be a trespasser liable to be proceeded against and evicted under the provisions under the land conservancy act for the time being in force. 10. ..... (1)of sec.20a has subsequently been amended with effect from 8.11.2008 as per amendment act 29 of 2009 published in kerala gazette extra ordinary no.1843 dated 7.10.2009. ..... a reading of the aforestated clauses of the agreement would make it clear that in the contingency that the hirer commits breach of all or any of the provisions contained in the said agreement, the hirer shall surrender the possession of the plot to the government immediately on demand and then the government shall have the power to deal with the plot in any manner they deem fit. ..... it is by now well settled that consent cannot confer nor take away jurisdiction of a court and if the court has no inherent jurisdiction, neither acquiescence nor waiver nor estoppel can create such jurisdiction (air 1979 sc 193 p.198, air 1978 sc 22 p.25, (1983) 4 scc 707 p. ..... triveni engineering works reported in (1983) 4 scc 707 p.709, etc. .....

Raveendran Nair Vs. Joint Registrar Co-Op. Societies

Court : Kerala

..... according to the petitioners, rule 188 of the co- operative societies act have been amended incorporating the post of part-time sweeper in the co-operative banks. ..... therefore the appointments made contrary to section 80 of the co-operative societies read with 188 and the staff pattern fixed as per appendix 3 of the kerala co-operative societies rules are illegal and the appointment of the petitioners have to be cancelled. ..... it is submitted by the learned counsel appearing on either side that the post of part-time sweeper is available for the bank, as per the staff pattern admissible to the co-operative societies, on account of ext.p5 amendment ordered in g.o(p) no.12/2013/co-op dated 19.01.2013. ..... in the seniority list published by the 3rd respondent bank which is produced as ext.p4, the name of the petitioners are included as sl.nos.19 and 20 respectively, shown against the post of full time contingency.2. ..... the post of part-time sweeper was included in the categories in the co-operative societies, by way of ext.p5 amendment ordered in g.o(p) no.12/2013/co-op.3. ..... in the said order, the joint registrar has stated that the committee of the society as per resolution dated 30.03.2004 has requested for appointing her as w.p(c) no.29614 of 2013-b2full time sweeper, as she has completed two years of service as part-time sweeper and to grant her the scale of pay admissible to the post of attender. .....