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Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... the kerala scheduled tribes (restriction of transfer of land and restoration of alienation lands), act, 1975 was enacted for the same object which has recently been amended by a bill, details ..... by the constitution [73rd amendment] act, 1992 amended part ix of the constitution, the principle of self-government based on democratic principles at gram panchayat and level upwards was introduced through articles 343 to 343zg.as an integral scheme thereof, the andhra pradesh (provision of the panchayats extension to scheduled areas) act, 1966 ..... although on the whole the government of orissa prefer the plan indicated in para 5(1) of part ii of the fifth schedule to the draft constitution to the provision of s.92(1) of the government of india act, 1935, they apprehend that difficulties, mainly of an administrative nature, might arise out of the inevitable time lag between the passing of an act by either the dominion or the state legislature and the decision of the governor either that the act shall not apply to any scheduled area or that in its application to such an area, it shall be subject to ..... was held that when relief is sought against state itself, the word 'person' would include the state and be construed accordingly ..... [(1979) 1 scr 1009], the constitution bench had held at pages 1030-31 that the concept of socialism or socialist state has undergone changes from time to time from country to country and ..... lease for 20 years on july 26,1978 which was executed on january 24, 1979. .....

Nirmaljit Arora Vs. Bharat Steel Tubes Ltd.

Court : Delhi

Reported in : 43(1991)DLT394; 1991(20)DRJ236

..... in respect of section 31, as amended, it was plain and comprehensive enough to require an appellate court to give effect to the substantive provisions of the amending act whether, the appeal before it is one against a decree granting preemption, or one, refusing that relief relying on an earlier decision in. ..... mr, marwaha, referred to the statement of objects and 'reasons of the amending act and emphasised that having regard to objects of the amending act, the intention of the legislature is all the more manifest that section 3(c) should have retrospective operation. ..... the question that arose before him was to whether the amendment act applies to the pending proceedings and according to him as the question would arise in a number of pending cases before ibis court as will as before the rent control and the appellate authority, so for deciding the question authoritatively, reference was made by him for deciding the said question by the division bench. ..... the provision of the amending act was interpreted in the manner that the power which had already come to an end prior to amendment, that power cannot be exercised under the amending act. ..... the provident investment company (p) ltd air 1976 sc 26(1) of the kerala land reforms act (1 of 1964) created a bar against civil court to settle, decide or deal with the questions required to be settled by the land board in accordance with the provisions of the act. ..... state of bihar (1962) 2 scr 411 : air 1979 sc 1636) '(24) in the prevent case, by s. .....

Mangalam Cement Ltd. and Etc. Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1987Raj186; 1987(2)WLN643

..... state of orissa (air 1983 orissa 210) (fb) (supra) almost a similar controversy was involved and it was contended that the act is beyond the legislative competence of the state legislature, in my opinion, a perusal of the various provisions of the act will show that the main pith and substance of the act is to levy tax on the land as defined under section 2(g) of the state act and the purpose of the act is not the regulations of mines and mineral developments. ..... moopil nair (supra) the supreme court in para 10 held that the travancore-cochin land tax act as amended by act 10 of 1957 is confiscatory. ..... air 1980 sc 271 besides holding that kerala buildings tax act (7 of 1975) was within the competence of the state legislature, it was also held that the method for determining the capital value of a building on the basis of its annual value is not hypothetical and arbitrary. mr. ..... the observations in the dissenting judgment have no relevance to the present case because they were considering a case of withdrawal of relief with retrospective effect in my opinion the tax is not expropriatary and is not open to challenge on the ground being corifiscatory and excessive, unreasonable and arbitrary. ..... 19(1)(f) and 31 of the constitution that guaranteed right to acquire and hold property and the right to claim compensation for the property acquired for a public purpose have been deleted by the constitution 44thamendment act that came into force on 1-8-1979. ..... (see air 1979 sc 1132. s. .....

West Bengal State Electricity Distribution Co. Ltd. and ors. Vs. Mahad ...

Court : Kolkata

Reported in : 2008(4)CHN1

..... learned single judge directed the appellants herein to allow the benefit of the circulars to the writ petitioners and also issued ancillary direction granting consequential relief to the said writ petitioners by directing the appellants to appoint them to the posts in question on the basis of the panel prepared by the said appellants for the exempted category candidates upon taking note of the fact that the names of the respondents/writ petitioners were included in the panel prepared for the exempted category candidates by the appellants herein on the basis of the written test held ..... for the aforementioned reasons, we are of the opinion that the selection process in the instant case should be completed on the basis of the circulars/executive instructions which held the field at the commencement of the said selection process and the notification dated 21st august, 2002 issued under clause (a) of section 3 of act xiv of 1999 has no manner of application to influence and/or disturb the selection process which has already commenced on the basis of the different circulars/executive instructions which held the field at the time of commencement of the said selection ..... therefore, the ratio of these cases is that once the selection process has already started, meanwhile if the rules are amended then in that case selection process should be allowed to continue as per t he unamended rules and the amended rules will not affect the selection process which has commenced under the unamended .....

The State Of Jharkhand Vs. Brahmputra Metallics Limited

Court : Supreme Court of India

..... true, no mandamus could issue to the legislature to amend the kerala building tax act, 1975, for that would necessarily involve the judiciary in transgressing into a forbidden field under the constitutional scheme of separation of powers. ..... g assessment orders of fys 2012-13 and 2013-14, no prejudice has been caused to the respondent by the belated issuance of the notification; (vii) for fy201112, it has been conceded during the course of the hearing by the respondent that upon a correct construction of the relevant terms of the industrial policy 2012, it is not entitled in law to claim a rebate/deduction or adjustment in view of clause 35.7(b); (viii) the relief which has been granted by the high court to another similarly situated writ petitioner on 4 february 2015 shall operate erga omnes ..... raghunathan ( national 28 359 us535(1959); the principle espoused in this judgment has been followed by this court in amarjit singh ahluwalia (dr) vs state of punjab, (1975) 3 scc503 sukhdev singh vs bhagatram sardar singh raghuvanshi, (1975) 1 scc421(concurring opinion of justice k k mathew) and ramana dayaram shetty vs international airport authority of india, (1979) 3 scc489 29 (1998) 7 scc66 30 part h buildings construction corpn. ..... the high 7 (2010) 3 scc274 8 (2016) 6 scc766 9 (1979) 2 scc409 9 part f court noted that the benefit was to be given with effect from fy201112 for a period of five years which ended in fy201516. ..... scc (tax) 144 : (1979) 2 scr641 and nestle [state of punjab v. .....

Citi Bank Na Vs. Power Grid Corporation of India

Court : Company Law Board CLB

Reported in : (1995)83CompCas454

..... quoting from the statement of objects and reasons relating to the companies (amendment) act, 1988, in respect of assimilation of the provisions of section 155 in section 111, he stated that the entire section 155 has been reproduced in section 111(4) and, therefore, whatever the high courts have observed in respect of the applicability of section 155, the same should apply to a petition under section 111(4) ..... joseph michael [1978] 48 comp cas 368, wherein the kerala high court observed (at page 371) : " it is open to the aggrieved transferee to seek relief either under section 111 by an appeal to the centra! ..... according to him prior to the 1988 amendment, the high courts were seized of the matter of rectification of the register of members and even though there is no specific limitation period, prescribed in this regard in section 155 of the act (before 1988), the high courts followed the period of limitation of three years ..... submitted that any amendment to the articles cannot take away the right of a third party and in the present case the petitioner being the third party, has the right to the bonds, which cannot be taken away by retrospective amendment and forfeiture. ..... before the 1988 amendment to the companies act, remedy for an aggrieved transferee was provided in section 111 and the forum to deal with his grievances was the company law board, as a delegate of the central ..... [1995] 2 comp lj 275 and also the company law board's order dated june 19, 1979, in ashok champaklal shah v. .....

A.M. Moosa Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1989)29ITD339(Coch.)

..... it is really not necessary to go into the question whether the assessee could seek any assistance by the fact that the notification issued by the kerala government dated 29-3-1979 was actually published in the official gazette on 3-4-1979 although in passing we may mention the decisions of the tribunal in the case of s. ..... it was also stated that the notification issued by the kerala government although is dated 29-3-1979 was available to the general public only from 3-4-1979 and as such, it is effective from that day onwards. ..... to obviate the situation, the government of kerala has, by its notification dated 29-3-1979, declared that under the state act the purchase of marine products during the period 1-4-1977 to 31-3-1979 was exempt subject to the conditions that tax already paid shall not be refunded, but will be adjusted towards future tax liability. ..... this notification was published in the kerala gazette on 3-4-1979 and was available to public from that day onwards.9. ..... the authority under the sales tax act has, by an assessment dated 23-8-1982, held that the exemption under section 5(3) of the central sales tax act was available to the assessee and he has been accordingly given relief in the sales tax assessment. ..... section 5(3) of the central sales tax act had been amended with effect from 1-4-1976, whereby purchases made in the course of and for the purpose of export were exempt from purchase tax. ..... 6,43,499 will be the liability or debt owed for the assessment year 1980-81. .....

Abdul Aziz (K.M.) Vs. Deputy Inspector-general of Police and anr.

Court : Kerala

Reported in : (1968)ILLJ396Ker

..... this government order was after the substitution of section 6 of the tvavancore-cochin police act by the amendment; act 5 of 1956; and before the pausing of the kerala police act 5 of 1961. ..... 5 of the kerala civil services (classification, control and appeal) rules, l960, is misplaced and that the relevant portion of the said note was deleted by an amendment made to rule 15 by go. ms. no. ..... is was argued that after the kerala police act 5 of 1961, rules regulating the recruitment and conditions of service of the a police officers had to be consistent with the provisions of the act. ..... the section is unavailable to the petitioner as it was substituted by the travanoore-cochin police (amendment) act 5 of 1956. ..... the travancore cochin police act 2 of 1952 was itself repealed by the kerala police act 5 of 19c1 which cams into force on 14 february 1981 long before the petitioner's appointment on 21 march 1962. ..... but it was admitted that no rules ad contemplated by section 69 of the kerala policy act, 1961, have lean framed so far. ..... counsel for the petitioner relied upon section 6 of the kerala police act, 1960 (5 of 1961), which come into force on 14 february 1961. ..... these are factors to be taken into account against the petitioner in granting the discretionary relief under article 226 of the constitution.4. ..... 6 and for consequential reliefs.2. .....

Syndicate Bank Vs. Nishad Mathew

Court : Kerala

..... schedule-ii articleparticularsproper fee1xxxx xxxx 2xxxx xxx 3memorandum of appeal from an order inclusive of an order determining any question under section 47 or section 144 of the code of civil procedure, 1908, and not otherwise provided for when presented(i) xxxx xxxx(ii) xxxx xxxx(iii) to the high court(a) from an order other than an order under the kerala agriculturists debt relief act, 1958. ..... in the above context, it is necessary to go into the amendment brought about in the statute, particularly with regard to the schedule, wherein a new provision has been added by virtue of article 4(ii)of the 2nd schedule, specifically making reference to the arbitration and conciliation act, 1996, as per the kerala finance act,2013. ..... a different turn, by virtue of the conscience decision taken by the law makers amending the schedule (though it could be said that appropriate modification should have been there, under section 52 as well to have clarity) but in so far as the cases like one involved in the present case have to be separately dealt with, based on the specified court fee to be satisfied under 2nd schedule, article 4 (ii), this court does not require any second thought to hold that the defect noted by the registry is quite in order. ..... section 52 of the act deals with the appeals on a general basis and not in respect of appeals arising from orders, though wider interpretation could have been possible till amendment of the provision. .....

Union Of India Through Its Secretary Vs. Bharti Airtel Ltd.

Court : Supreme Court of India

..... (e) issue an appropriate writ, order or directions in the nature of mandamus or any other writ, directing the respondents to operationalize/start the facility of form gstr 2 and form gstr 3 for period commencing from 01.07.2017; (f) issue an appropriate writ, order or directions in the nature of mandamus or any other writ, directing the respondents to provide the petitioner the facility for amendment and modification of form gstr 3b and grant such consequential relief as may be necessary; (g) pass any orders as this hon ble court may deem fit ..... tax dated 15.11.2017, the same as ultra vires the provisions of section 39(7) of the cgst act to the extent it provides for payment of tax finally under the cgst act by the date mentioned for filing form gstr 3b; (c) issue an appropriate writ, order or direction in nature of certiorari or any other writ, order or direction of like nature, to call for, examine the records in relation to circular no.26/2017 dated 29.12.2017 and 11 quash the same to the extent it does not provide for the modification of the information in the return of the tax period to which ..... the andhra pradesh high court relied on the decision of the gujarat high court in aap & co.13 and the decision of the kerala high court in saji s. ..... the commissioner, state gst department & anr.14, wherein the kerala high court had permitted the request for transfer of tax liability from the head sgst to igst , enabling the registered person to carry out rectification. .....