Court : Supreme Court of India
Reported in : AIR1980SC271; (1980)2SCC410; [1980]1SCR804
..... secondly, section 6 of the act states that for determining the capital value for the purposes of the act, the annual value of a building shall be the 'annual value fixed for that building in the assessment books of the local authority within whose area the building is situate' and a cross-reference to section 102(2) of the kerala municipal corporation act, 1961, shows that while the annual value of lands and buildings shall be deemed to be the gross annual rent at which, they may at the time of assessment reasonably be expected to let from month to month or from ..... he has argued that the subject-matter of the act being a tax on buildings, it is a tax on the capital value, of the assets of an individual of company and falls within the scope of entry 86 of list i of the seventh schedule of the constitution, and not under entry 49 of list ii, so that it was beyond the legislative competence of state legislature. ..... it is a tax imposed on the capital value of the assets of individuals and companies, on the valuation date. ..... taxes on the capital value of assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.7. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker393
..... this writ petition raises a question of law relating to the power of the government to grant exemptions in the matter of construction of buildings under the provisions of the kerala municipal corporations act, 1961, read with the kerala building rules, 1984. ..... the kerala building rules, 1984 were issued in exercise of the powers conferred under section 367 read with section 238 of the kerala municipal corporations act, 1961 and also in exercise of the powers conferred under' section 344 read with section 222 of the kerala municipalities act, 1960. ..... on the basis of the above contentions, the following points arise for consideration :(1) whether rule 5 of the kerala building rules, 1984 is ultravires of the kerala municipal corporation act, 1961 and confers arbitrary powers on the government and is bad ? ..... these rules are issued by the government in exercise of their powers under section 367 of the kerala municipal corporations act, 1961 read with section 238 thereof and also under the corresponding provisions of the kerala municipalities act. ..... in the present case, we are concerned with the above said kerala building rules, 1984, in so far as they are traceable to the powers under the kerala municipal corporations act, 1961.2. ..... section 367 of the kerala corporations act, 1961 deals with the power to make rules. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1990(3)SC337; 1990(2)KLT349(SC); 1990(2)SCALE159; (1990)4SCC136; [1990]3SCR535; 1990(2)LC445(SC)
..... the sole question that has been agitated before this court by the learned counsel for the appellant is that provisions of rule 5(b) & (c) of kerala land acquisition rules, 1963 are mandatory and the notice of the date of hearing of objection filed by a person interested in the land has to be given to the departmental officer requiring the land and failure to serve such notice will invalidate the declaration made under section 6 of the kerala land acquisition act, 1961 in short the said act. ..... on a perusal of this provision it is clear that notice of the date of hearing of the objections has to be served not only on the objector but also to the departmental officer or company or the local authority requiring the land, that is, where the requisition for acquisition of the land is made by the departmental officer, the departmental officer who requires the land for acquisition has to be served with a notice of the date of hearing of objections. ..... rule 5(b) enjoins that after receiving the objections from a person interested in the land within prescribed time the collector shall fix a date for hearing the objections and 'give notice, thereof to the objector as well as to the departmental officer or company or the local authority requiring the land, where such department is not the revenue department.10. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker65
..... the proviso to sub-section (2) of section 5 of the kerala land tax act, 1961 makes a landholder liable to pay basic tax in respect of the property in the possession of the tenant only to the extent of the income obtained from the tenant. ..... the common question in all these cases relates to the validity of the kerala land tax act, 1961 (act 13 of 1961) which provides for the levy of basic tax on lands in the state of kerala.27. ..... the names of the tenant or the person in possession will not be shown in the register referred to in section 3(3) of the kerala land tax act, 1961. ..... 1961, and the kerala land reforms act, 1962 (act 1 of 1964) in the ninth schedule is by the constitution (seventeenth) amendment act. ..... the kerala agrarian relations act, 1960 (act 4 of 1961) was passed before the land tax act, 1961. ..... the submission of the petitioners was that even though the kerala land tax act, 1961 is immune from attack as violative of fundamental rights is should satisfy the requirement of article 265 of the constitution. ..... the constitution (seventeenth amendment) act, 1964 came into force on 20-6-1964 because of the decision of the supreme court in kunhiko-man's case, air 1962 sc 723, which struck down the kerala agrarian relations act iv of 1961 regarding ryot-wari lands. ..... if therefore the real object of the kerala land tax act, 1961 is entirely different from what it purports to be it will not secure the protection afforded to it by article 31-b of the constitution. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker301
..... the kerala land acquisition act, 1961 (act 21 of 1962) which came into force on the 1st april, 1963, replaced the laws till then in force in this state regarding the acquisition of property, namely, the (travancore) land acquisition act, 1089 in force in what we might call the travancore area, the (cochin) land acquisition act, 1070 in force in the cochin area, and the (central) land acquisition act. ..... court affirmed that the proceedings could not be continued under the replacing enactment, namely, the kerala act, but left open the question whether they could be continued under the replaced enactment, namely, the travancore act, although it appears to us that that question really fell to be decided having regard to the contention taken and repelled by the learned single judge that the further proceedings taken in that case though purportedly taken under the kerala act were in accord with the provisions of the travancore act under which they could ..... 625 of 1969 the acquisition was on behalf of a registered society (and therefore a company within the meaning of the central act as also of the kerala act) and was for the purpose of running an educational institution. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker170
..... the cause of action was founded, on rule 30 of the kerala municipal corporation building rules framed under the kerala municipal corporation act, 1961 (hereinafter referred to as the 'act') which enjoins providing a vacant space of 7 feet between two buildings.4. ..... and the kerala slums areas (improvement and clearance) act, 1980 (act 24 of 1981) has been passed. ..... (the information is contained at pages 154 and 155 in the useful publication 'a digest of kerala laws 1981' prepared by the secretariat of the kerala legislature). ..... a violation ofrule 30 (1) of the kerala municipal building rules was found to be established onthe evidence and materials before thatcourt. ..... 308:'a street is continually open, often uncongested, and constitutes not only a necessary conduit in the daily affairs of a locality's citizens, but also a place where people may enjoy the open air or the company of friends and neighbours in a relaxed environment. ..... ' the ratio of the decision was that in the framing of the rules, authorities had in view the general convenience of all the residents in the municipal area in order to ensure proper ventilation and sanitation for the rate-payers and possibly adequate means of preventing the spread of fire from one building to another. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1976Ker44
..... p-2 notification the fact that the 2nd respondent-district collector, ernakulam has given a direction on 6-6-1973 under section 19 (4) of the kerala land acquisition act, 1961 (for short, the act) that section 5 of the act need not be complied with in view of the urgency of the acquisition in question is also stated. ..... . the operative provisions ofthe act for the purpose of acquiring land for a company will only apply when two conditions precedent have been satisfied, namely, (i) the previous consent of the appropriate government has been given to the acquisition, and (ii) the company has entered into an agreement as provided in the act ..... . previous consent of government and execution of agreement necessary -- the provisions of sections 6 to 39, both inclusive, shall not be put in force in order to acquire land for any company unless with the previous consent of the government, nor unless the company shall have executed the agreement hereinafter mentioned' ..... . the secoud proviso to section 6 (1) of the central act is in the following terms: 'provided further that no such declaration shall be made unlass the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority'. 8 ..... . part vii of the act dealing with acquisition of land for companies applies and hence ext .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker241
..... but the definition of the word 'owner* contained in section 2(26) of the kerala municipal corporations act, 1961, is as follows :'a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant; and (b) the person for the time being in chargeof the animal, vessel or vehicle in connection with ..... the reason is that the fci could be wound up only as provided in section 43, which says that no provision of law relating to the winding up of the companies or corporations shall apply to fci and it shall not be placed in liquidation save by order of the central government and in such manner as the central government may direct. ..... state of bihar, air 1970 sc 82 the supreme court held that an incorporated company has a separate existence and the law recognised it as a juristic person separate and distinct from its members. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker10
..... he has pointed out that the bunk has been un-lawfully constructed on public street which is government property vested in the corporation of cochin under section 210 of the kerala municipal corporations act, 1961 (the 'corporations act'). ..... r3 seem to indicate that the bunk remains in the ownership of the government notwithstanding the intervention of the government company. ..... the land on which the bunk stands as a fixture will be the subject matter of a lease or licence in favour of the allottee, thereby bringing it within the meaning of the word 'assignment' under the kerala land assignment act, 1960, (the 'assignment act'). ..... whether or not it so falls within the definition of assignment, the occupation of the bunk by a private party win be an occupation within the meaning of the provisions of the kerala land conservancy act, 1957, and the rules made thereunder.9. ..... 210 read with section 3 (29) of the corporations act, it is not competent either for the goverment or for the corporation to permit construction of bunks or like structures which are inconsistent with the use of streets qua streets, except in so far as specific provisions have been made in that behalf under the act, since in the present case there is no dispute, in the absence of any pleading to the contrary, that the land in question is part of the public street which has vested in the corporation, the construction of the bunk and its continued existence .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker88
..... after considering the report made by the collector under sub-section (2) of section 5 of the kerala land acquisition act 1961 (act 21 of 1962) that the lands specified in the schedule below have to be acquired for a public purpose, the board of revenue hereby declares under section 6 of the act that the lands as specified in the schedule below and measuring 1 hectare 31.44 acres, be the same a little more or less, are needed for a public purpose to wit; for setting up of a full fledged studio at pongumoodu by the film line corporation and under section 7 of the act, directs the dy. ..... on 2-3-1977, the 2nd respondent informed the 3rd respondent that the land acquisition proceedings cannot be taken under part vii of the act since the 4th respondent is not a company and it could be taken only under part ii of the act in which case instructions in the kerala land acquisition manual require an agreement in form no. ..... it is fairly conceded before us by learned counsel for the 4th respondent that the 4th respondent is not a company which can take advantage of the provisions of part vii of the act and that the validity of the land acquisition proceedings is to be decided only in the light of the general provisions in part ii of the act. .....
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