Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Court: chennai Page 1 of about 5,240 results (0.208 seconds)

Government of Tamil Nadu, Represented by Its Commissioner and Secretar ...

Court : Chennai

Reported in : (1989)2MLJ141

..... rajnarain : [1976]2scr347 which has been already extracted in para 35, it is pointed out that though there is no express mention in the indian constitution vesting the judicial power as found in american constitution, yet the division of functions into three categories, had resulted in judicial power being vested in the judiciary, and the intention is that its power should not be passed to or shared by the executive, or the legislature.49. ..... rajnarain : [1976]2scr347 at page 2435, it has been observed as follows:.the constitution undoubtedly specifically vests such power, that is to say, power which can properly be described as 'judicial power' only in the supreme court and in the high courts and not in any other bodies or authorities, whether executive or legislative, functioning under the constitution, could such a vesting of power in parliament have been omitted if it was the intention of constitution makers to clothe it also with any similar judicial authority or functions ..... state of madras and kerala : [1960]3scr887 dealt with the validity of madras marumkkathayam (removal of doubts)act, 1955. ..... as pointed out by ray c .j.in lndira nehru gandhi raj narain : [1976]2scr347 the rendering ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactment is a well known pattern of all validating acts. .....

T. Rajaiah and ors. Vs. Southern Roadways Ltd. (Represented by Its Sec ...

Court : Chennai

Reported in : (1993)IIILLJ719Mad; (1991)IIMLJ72

..... the respondents in their written statement as well as in the counter filed in the interlocutory applications, pleaded that the petitioners are 'workmen' within the meaning of section 2(s) of the industrial disputes act (hereinafter referred to as the act) and their remedy is only to raise an industrial dispute under the act, that the civil court has no jurisdiction to entertain the suits and that the jurisdiction of the civil court is impliedly barred. 7-a. ..... the facts of the case squarely fall within; the facts of the case referred to in the judgment of the kerala high court in 1989 i l.l.n.676 and the ratio decidendi laid down by the kerala high court will apply to the facts of this case on all fours. ..... according to the learnedcounsel for the petitioners, the facts of the case on hand will fall under the second category outof the four categories enumerated in the decision, whereas according to the learned counselfor the respondents, the facts of the case will fallunder the third category. ..... 204 of 1976 solely on the ground that the plaintiff therein could not have raised an industrial dispute under section 2-a of the act and the same would have blossomed out as an industrial dispute if union has chosen to expouse the plaintiff s cause therein. ..... learned counsel for the respondents, on the other hand, relied upon the judgment in kerala rubber and reclaims ltd., v. p.a. ..... the facts of the case in kerala rubber and reclaims ltd. v. p. a. .....

Sree Murugan Financing Corporation Chit Promoters and Financiers and o ...

Court : Chennai

Reported in : (1987)1MLJ204

..... it is of pointed interest to note that right from inception of the act, such a fee was never contemplated, and that the director of chits drew inspiration from what is obtaining in kerala and his proposals have been just accepted by the government without any analysis made of what rates could be fixed on conditions prevailing governing the act in force in kerala and what nature of services are rendered by those authorities, are not spelt out. ..... account together with the audit certificate and the auditor's report within one month from the date of the receipt from the chit auditor or within four months from the last date of the period covered by the balance-sheet whichever is earlier whereas, when a certificate is secured from a chartered accountant, rule 30(2) directs the foreman 'to file' with the registrar the documents which are referred to in sub-rule (1) of rule 30 within three months of the expiry of the period with reference to which, the balance-sheet is prepared ..... resting on these contentions, the statement of receipts and expenditure for the period from 1976-77 to 1983-84 as found in page 6 of the counter-affidavit in w.p. no. .....

R.Murali Vs. R.Shyamala

Court : Chennai

..... section 4 a (3) reads as follows: where any employer is in default in paying the compensation due under this act within one month from the date it fell due, the commissioner shall - (a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent, per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the central government, by notification in the official gazette, on the amount due; ........".20. ..... relied upon by the appellant, the hon ble apex court while dealing with the question of whether the injury resulted in total disablement, leaning on to section 2 (1) (l) of the workmen s compensation act held as follows: it has not been disputed before us that the injury was of such a nature as to cause permanent disablement to the respondent, and the question for consideration is whether the disablement incapacitated the respondent for all work which he was capable of performing at the time of the accident. ..... in view of the above decisions, the definition of total disablement under the workmen s compensation act and the restrictions under the motor vehicles act for grant of licence, i hold that the disability as total for the purpose of calculating the loss in earning capacity of the appellant.18. ..... and 2000 acj5[kerala state electricity board vs. ..... reliance was placed upon the judgments in 1976 a.c.j.141 [pratap narain singh deo vs. .....

Controller of Estate Duty, Madras Vs. Estate of Late R. Krishnamachari ...

Court : Chennai

Reported in : [1978]113ITR200(Mad)

..... tribunal when it re-hears the case under section 64(5) of the estate duty act which is similar to the provision contained in section 66(5) of the indian income-tax act, 1922, which has been relied only the supreme court in the two decisions we have referred to in the beginning of this judgment.in the light of the above, we decline to answer the question in the absence of clear finding on the basis of the provisions of the act regarding the total value of the property of the joint family and in regard to the aggregate value which is applicable to the share of the deceased as well as the lineal descendants and also ..... a clear finding regarding the rate applicable to the appropriate ..... : [1976]102itr372(ker) had left a matter to be decided by the tribunal acting under section 66(5) of the indian income-tax act, 1922, by re-hearing the appeal. ..... applying these principles, the kerala high court in commissioner of income-tax v. .....

K.S. Iyer Vs. Bar Council Represented by Its Secretary, H.C. Madras

Court : Chennai

Reported in : AIR1964Mad390

..... been entitled as of right to be enrolled as an advocate of the erstwhile travancore-cochin high court or the kerala high court may be admitted as an advocate of the high court..........1-b (1) any person who immediately before the 1st day of november 1956, was an advocate entitled to practise in the high court of travancore-cochia and was permanently residing in and practising in any of the subordinate courts in the transferred territories comprised in the present district of kanyakumari and in the taluk of shencottah in the district of tirunelveli of the state shall, subject to the conditions hereinafter specified, be ..... state government in response to a recommendation from this court issued a notification under section 120 of the states reorganisation act to the effect that all first grade and second grade pleaders practising in the transferred territories of the erstwhile travancore-cochin state might be recognised as first and second grade pleaders respectively of this state under the rules by the high court and that the permanent sannad holders among them might be admitted without requiring them to make any additional payment as .....

Tata Oil Mills Co. Ltd. Vs. Superintendent of Central Excise

Court : Chennai

Reported in : 1996(53)ECC41; 1995(80)ELT737(Mad)

..... our attention was drawn to a decision of the kerala high court reported in 1969 kerala law reporter, page 503, wherein it has been held that the cess levied under the produce cess act, the earlier act to copra cess act, 1979, is only a tax and not fee and hence falls under item no. ..... it mainly provides for levying the local taxes like octroi, toll and sales tax and according to this entry, the levy and collection is being made at the entry point and not at the consumption point as contended by the petitioner. ..... superintendent, central excise 1983 klt 792 db has dismissed a batch of writ petitions urging the same grounds and the constitutional validity of the central act 4 of 1979 was upheld by the division bench of the kerala high court in the above judgment. ..... the supreme court rejected both the contentions and held that the repealing act expressly provided in section 13 that the cess due before the date of the said repeal but not collected shall be collected according to law as if the cess act is not repealed, which provision amounts to a positive affirmation of the intention of the parliament to keep such imposition alive and effective till the date of the repeal of the cess act. .....

Tata Tea Ltd., Regional Office Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : (1998)3MLJ306

..... : [1992]3scr972 , the question posed for decision was,are lands set apart in the estates in question for growing firewood trees such as eucalyptus or redgum to be used as fuel for the purpose of manufacturing rubber or tea in the smokehouses or factories or for personal use of the employees in the estates excluded from the definition of 'private forests' as contained in section 2(f)(1)(i)(b) of the kerala private forests (vesting and assignment) act 1971) act 26 of 1971?it. ..... state of kerala : [1973]1scr399 and affirmed the decision of the kerala high court to the effect that the land in which eucalyptus has been planted in the tea plantations would be outside the purview of the vesting provisions in act 26 of 1971. ..... : [1988]1scr444 while interpreting section 2(f) of the kerala private forests (vesting and assignment) act (26 of 1971), the supreme court relied on its earlier decision in malankara rubber and product co. v. ..... taluk land board : [1979]3scr839 as an authority for the proposition that a reasonable extent of land could be set apart as fuel are for the purpose of smoke-houses and factories in the estates and such are qualifies for exemption under section 2(f)(1)(i)(b) of the kerala vesting act. ..... was held by the supreme court by a majority of two to one that the lands on which firewood trees were grown for reasonable supply of fuel to factory employees, smoke-houses and rubber or tea factories, were outside the definition of section 2(f)(1)(i)(b) of the kerala act. .....

Dxn Herbal Manufacturing (India) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)110ITD99(Chennai)

..... the ratio of the decision is primarily in the context of the provision of the kerala sales-tax act which required consumption of the fruit in the process before it could be termed as manufacture. ..... there must be transformation; a new and different article must emerge, 'having a distinctive name, character or use'.the court further held that in processing the raw pineapple into slices by pealing off its kernel, the fruit was not consumed as was the requirement of the kerala act. ..... it was considering the meaning of the term "produce" used in the kerala general sales-tax act, 1963. ..... pio food packers (1980) 46 stc 63 (sc), the supreme court was considering the expression "manufacture" used in the kerala general sales-tax act, 1963. ..... , making milk of different grades by pasteurizing, homogenizing, adding vitamin concentrates, standardizing and bottling, or applying process to the original chicken by converting into a dressed or frozen, does not amount to an act of manufacture or production as it does not bring into existence a new commodity.further, the court said the manufacture or produce an article or thing refers to bringing into existence a movable thing or article and construction of the building or dam cannot be construed as an activity of manufacture for bringing a thing or article into existence. ..... coco fibres (supra) was delivered in the context of kerala general sales act, 1963 and hence the ratio of this case also cannot be applied to the present case. .....

S. Alphone Vs. District Supply Officer, Nagarcoil and ors.

Court : Chennai

Reported in : AIR1986Mad20

..... according to him, the direction became necessary because-when 1974 order was issued, the levy in force was only 40 per cent, but was raised to 50 per cent, the price position in the adjacent kerala state was very high and rice was being smuggled to kerala state because long stretch of land in tamil nadu was adjacent to the border of kerala and it was with a view to avoid the smuggling of rice into kerala that the quantity restriction was imposed with reference to the provisions in the order. ..... antony xavier, learned counsel for the appellant, has contended that it is not necessary to go into the grounds on which the learned single judge sustained the validity of the direction given on 10-2-1981, because, according to the learned counsel, on the coming into force of the 1984 order, the direction given on 10-2-1981 must cease to be effective and, therefore, the government having now specified 50 quintals as the limit for purchasing, storing and selling at any one time, the appellant would be entitled under the terms of the government order dt. ..... however, by the impugned direction the licensing authority purporting to act in exercise .of the power under cl. ..... 3 of the essential commodities act, 1955, it provides for licensing all dealers who may be a wholesaler or a retailer. cl. .....