Judgment Search Results Home > Cases Phrase: the punjab preemption repeal act 1973 Court: kerala Page 1 of about 160 results (0.127 seconds)

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court : Kerala

Reported in : AIR1993Ker146

..... munshi, air 1963 sc 553 the question arose as to the effect of the repeal of the punjab alienation of land act, 1900 on section 14 and the definition of agricultural tribe in section 3(4) of the punjab preemption act 1 of 1913 which was as follows : "member of an agricultural tribe and group of agricultural tribes shall have the meanings assigned to them respectively under the punjab alienation of land act, 1900. ..... munshi, air 1963 sc 553 was concerned with the punjab preemption act, 1913. ..... sections, it is also necessary to note the definition of "marumakkattayam law" contained in section 3(i)(h) of the hindu succession act to the following effect: "3(1) in this act, unless the context otherwise requires,-- xx xx xx (h) "marumakkattayam law" means the system of law applicable to persons - (a) who, if this act had not been passed, would have been governed by the madras marumakkattayam act, 1932; the travancore nayar act; the travancore ezhava act; the travancore nanjinad vellala act; the travancore kshatriya act; the travancore krishnanvaka marumakkathayee act; the cochin marumakkathayam act; or the cochin nayar act with respect to the matters for which provision ..... there is no dispute that the plaintiff married lakshmikutty amma in april, 1973 and the defendants 1 to 8 are the brothers and sisters of lakshmikutty amma and children of chellamma. .....

L. Venkatesh Naik and anr., Etc. Etc. Vs. Assistant Collector, Special ...

Court : Kerala

Reported in : AIR1992Ker383

..... all the other decisions referred to above.they all lay down that whether it has been specifically mentioned in the repealing act or not, section 6 will be deemed to form part of the repealing act and it will be read along with the repealing act and so far as there is no re-enactment, the result envisaged in section 6 of the general clauses act will ..... for a declaration that the objects and reasons preceding the gold (control) repeal act, 1990 is the contrary intention appearing in the statute excluding the applicability of section 6 of the general clauses act, 1897 for the continuance of the provisions of the gold (control) act, 1968. ..... : [1969]72itr787(sc) ) (supra) the supreme court has stated in paragraph 18 of the judgment as follows :'whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act though it has been specifically mentioned in the repealing act or not, will follow, unless, as the section itself says, a different intention ..... that will result in violation of the fundamental rights including articles 14 and 21 of the constitution of india and, therefore, as far as possible, it is submitted, the interpretation to be given by the court must be one consistent with the constitutional principles, and that result can be achieved only if it is held that the repealing act is retrospective in character and that all proceedings and prosecution commenced also will ..... , air 1958 punjab 230 and waheed ..... bengal, : [1973]1scr675 .7. in .....

Commissioner of Income Tax Vs. Mathew

Court : Kerala

Reported in : (2005)198CTR(Ker)551; [2006]280ITR44(Ker); 2005(4)KLT22

..... the aforesaid account:but, that benefit is applicable only ..... income falling within any of the following clauses shall not be included-xxx xxx xxx xxx(4)(ii) in the case of an individual, any income by way of interest on moneys standing to his credit in a non-resident (external) account in any bank in india in accordance with the foreign exchange regulation act, 1973 (46 of 1973), and the rules made thereunder:provided that such individual is a person resident outside india as defined in clause (q) of section 2 of the said act or is a person who has been permitted by the reserve bank of india to maintain ..... even if the contention of the learned senior standing counsel that another view is possible, the well-known principle in taxation is that if two views are possible, the view in favour of the assessee has to be accepted as held by the apex court in commissioner of income tax, punjab v. .....

Mar Appraem Kuri Company Ltd. Vs. Tomy and anr.

Court : Kerala

Reported in : [1999]96CompCas718(Ker)

..... in support of this contention, he referred to the provision in section 5 of the cochin kuries act, 1107 m, e,, which was repealed by the kerala chitties act, 1973, where a specific provision under section 4 is incorporated as per which, for any violation of section 4, not only a fine amount is imposed, but also the transaction itself will become void. ..... in support of this contention, he also drew my attention to similar provisions in the foreign exchange regulation act, 1973, where if any violation of section 31 of the act is committed, only a penalty can be imposed under section 56 of the act and the acquisition itself cannot become illegal or void. ..... in a court within the local limits of whose jurisdiction-(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain ; or (b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the court is given, or the defendants who do not ..... the punjab and haryana high court in the above said decision had followed the principle already laid down by the lahore high court in lal chand v. .....

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

Court : Kerala

Reported in : [1978]41STC1(Ker)

..... 63 and held that the repeal of the punjab alienation of land act, 1900, had no effect on the continued operation of pre-emption, in the pre-emption act of 1913 and that the expression 'agricultural land' in the latter act had to be read as if the definition in the alienation of the land act had been bodily transposed into it.9. ..... the question there considered was whether the definition of 'agricultural land' given in the punjab pre-emption act, 1913, which adopted the definition in the punjab alienation of land act, 1900, would be affected by the repeal of the latter act. ..... 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 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 ..... 399 and the gujarat [1973] 31 s.t.c. ..... commissioner of sales tax, gujarat [1973] 31 s.t.c. .....

K.J. Joseph and ors. Vs. Income-tax Officer, a Ward

Court : Kerala

Reported in : [1980]121ITR178(Ker)

..... the 'contrary' provision indicated by the learned judges in the passage cited, is made in the instant case by the provisions of the finance act of 1973, which we have quoted, namely, section 2(6)(a), the decision, therefore, is of no assistance to the assessee. 10. ..... ' the punjab act purports to tax property which prima facie the provincial legislature is allowed to do under item 42 of list ii, government of india act. ..... the argument was that section 78 of the madras district boards act imposing land cess as royalty under mining leases cannot be held to have been repealed by the mines and minerals regulation and development act, 1948, or, in any event, by the mines and minerals regulation and development act, 1957--both enactments by parliament; so that, after these acts, the land cess that could be levied under the madras act would only be exclusive of royalty. ..... he claimed refund of the tax on the ground that the levy was beyond the province of the punjab legislature. ..... province of east punjab , the court was concerned with the validity of punjab urban immovable property tax act. ..... province of east punjab , was followed by the supreme court in sudhir chandra nawn v. .....

K.M. Mohammed Shafi and Others Vs. Union of India represented by its S ...

Court : Kerala

..... the respondent is twofold; (1) under the foreign exchange regulation act, 1973, it is only the central government which can be taken to be aggrieved against the decision of the foreign exchange regulation appellate board under section 54 of the act, allowing the appeal filed by the respondents and the director of enforcement who passed the initial order of adjudication cannot file the appeal treating himself as an aggrieved person; (2) the director of enforcement being himself a quasi judicial tribunal passing an order of adjudication cannot be, in any event, taken to be aggrieved against the decision of the ..... custodian, evacuees property, east punjab, julundur, air 1950 ep 175 (a), in which in considering s.30 of the east punjab evacuees property (administration) ordinance, which is equivalent to s.24 of the act, it was held that no one has a right to appeal under s.30 of the ordinance unless he can show that a decison has been pronounced against him, which has wrongfully deprived him of something, or wrongfully affected ..... in the punjab case, an allotment made in favour of a person by the provincial government had been cancelled by the custodian under s.10 of the ordinance, and, therefore, it was held that it could not be said that such a person had been wrongfully deprived of anything to which he was legally entitled, and, as such, he had no locus standi to go ..... contention, he has relied on a single judge decision of the east punjab high court in messsers.thakar das pyare lal v. .....

T.V. Anandan and anr. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1981Ker242

..... improvement trust, amritsar (air 1972 sc 865) the question that arose was whether the acquisition of the appellants' lands could be abandoned under section 56 of the punjab town improvement act, 1922. ..... the commonwealth (67 comm lr 116) the main questions that arose for consideration are: does section 116 of the australian constitution prevent the commonwealth parliament from legislating to restrain the activities of a body, the existence of which is, in the opinion of the governor general, prejudicial to the defence of the commonwealth or the efficient prosecution of the war, if that body is a religious organisation? ..... the high court of mysore said: 'when there is no other defect in the character or antecedents of a candidate, his membership in an organisation and his participation in the activities thereof, will be an irrelevant consideration, unless the aims, objects and activities of that organisation are such as would have a bearing on the question of his suitability to the post of a munsiff.....in the present case, the fact that the petitioner was a member and active participant in the activities of the r.s.s. ..... police commissioner, ahmedabad (air 1973 sc 87) the supreme court had occasion to point out:'by the time the case was heard, the two impugned orders had become infruc-tuous by lapse of time. .....

Food Corporation of India, Alleppey Vs. Alleppey Municipality and ors.

Court : Kerala

Reported in : AIR1996Ker241

..... consequently, not knowing what is to be the nature of the tax, what is to be the extent of the tax, it is really quite impossible to expect the central government to surrender without knowing the nature of the tax, what is to be the extent of the tax, it is really quite impossible to except the central government to surrender without knowing the nature of the tax, the nature of the extent of the tax, to submit itself to the authority of the local body. ..... after analysing the provisions of the act the division bench came to the conclusion that in the case of lands owned by the central government, levy is upon the lessee's interest and, therefore, the tax is not levied upon the property owned by the central government but upon the interest of the lessee in such land. ..... thikkodi panchayat, (1994) 2 ker 513, after analysing the provisions of the food corporation act, 1964 and relying on the decisions of the supreme court in state of punjab v. ..... p1 judgment dated 14-3-1973 allowed the writ petition, observing 'the buildings were put up by the government of india and were given over to the food corporation for their occupation' and therefore, the provisions contained in article 285(1) was a bar for levying property tax in respect of those buildings. ..... 56,954.70 towards the property tax for the years 1968-1969, 1969-1970, 1970-1971, 1971-1972 and 1972-1973 (first half). ..... 87,178.50 towards service charges for the period 1968-1969 to 1972-1973 (first half) calculated at the rate of rs. .....

John George Vs. Stewards Association in India

Court : Kerala

Reported in : AIR2007Ker57; 2006(4)KLT405

..... the only difference in the full bench decision of this court and that of the full bench of the punjab and haryana high court is that whereas an appeal against a judgment and decree in an appeal arising from appellate decree of single judge is competent before a division bench under section 5(ii) of the kerala high court act in kerala, such an appeal is available in punjab by virtue of clause x of the letters patent appeal. ..... rights of appeal then in force are preserved to the parties thereto till the rest of the career of the suit.......the right of appeal is a vested right and such a right to enter the superior court accrue to the litigant and exists as on and from the date the lis commences and although it may be actually exercised when the adverse judgment is pronounced, such right is to be governed by the law prevailing at the date of the institution of the suit or proceeding and not by the law that prevails at the date of its decision or at the date of the filing of the appeal. ..... though the act of 1947 aforesaid, being an act amending or supplementing the government of india act, 1935 was repealed, yet notwithstanding such repeal, the provisions of the act continued in force under article 372(1) of the constitution subject to other provisions of the constitution. ..... he however, had gifted the property to stewards company limited, england, which right was transferred to the plaintiff-association in 1973 by a registered document. .....