Court : Kerala
Reported in : AIR2003Ker114
..... 74 and 77 as proof of the entry, but not of the contents of the deed. in lourembam v. laisram, air 1979 gauhati 68 and in om prakash berlia v. unit trust of india, air 1983 bom 1 the same view was taken. in ramji dayawala and sons (p.) ltd. v. invest import, air 1981 sc 2085 the apex court has held that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker38
..... supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the defence of india or the efficient conduct of military operations to pass orders providing for regulating or prohibiting the production, supply and distribution of essential commodities and trade and ..... increasing supplies of anv essential commodity of for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the defence of india or the efficient conduct of military operations it may by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce ..... by a general law only the general yield of a locality can be taken as the standard. for assessing general yield a taluk is taken as the unit by the levy order. it is too much to assume that the yield from lands similarly situated would vary so widely as counsel puts it. the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker250; (1963)IILLJ218Ker
..... devaswom fund. item no. 1 in section 25 (a) relates to the sum of fifty-one lakhs of rupees mentioned in article 238(10)(ii) of the constitution of india as payable to the devaswom fund. under caluse (b) of section 25, it is provided that from and out of this sum of rupees fifty-one lakhs, the devaswom ..... might have obtruded so largely into the picture as to render the institution, as at present organized and acting an 'industry within the meaning of the act. equally, individual units of the organization (like a distinct dairy farm) might constitute an 'industry' though the society itself may not be. we can only enunciate the broad guiding principles. the ..... important maramat work relating to the devaswoms and other institutions, under the control of the board, are attended to by the maramat department which is kept as a separate unit under the board.28. adverting to the work of the staff of the maramat department, the industrial tribunal is of the view that the services of that personnel .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
..... /c1/91 /t&wld; forest & wild life (c) departmentdated, thiruvananthapuram 11-3-1992 fromthe commissioner & secretary to government tothe inspector general of forests government of india,ministry of environment & forests paryavaran bhavan, c.g.o. complexlodi road, new delhi-110003 sir, sub: assignment of forest land-clearance under forest conservation act 1980- ..... a trustee is under a legal duty to protect the natural resources. these resources meant for public use cannot be converted into private ownership.'thus the 'public trust doctrine is now part of the law of land. very recently, justice v.r. krishna iyer extolled:'judges (and lawyers) are trustees of the human ..... concept of 'sustainable development' was adopted by the world commission of environmental and development (w.c.e.d.) and endorsed by 176 nations in the united nations conference on environmental and development.25. in ratlam municipality's case, the supreme court paved the way for the citizens to bring action against public .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker343
..... collector of trichur, under section 92 of the code of civil procedure to sue the trustees, including the appellant, as representing the abdul-sathar haji moosa dharmasthapanam trust, claiming certain reliefs.18. the appellant, and the 5th respondent in this appeal, took a preliminary objection before the district collector regarding the maintainability of such ..... that test albeit with some caution. the following footnote in the latest- edition of halsbury is interesting:'for a slightly more generous statement of the rule see the india, (1864) brown and lush 221, at p. 224, per dr. lushington ('the prior statute would be repealed by implication if its provisions were wholly incompatible ..... implied repeal is concerned, the third of the three tests mentioned above appears to be an over-statement based on an observation by dr. lushington in the india case having regard to what is said in the latest edition of halsbury as also in english text books like maxwell (page 160, tenth edition) and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker28
..... -- (1) the provisions of this chapter shall not apply to- (a) lands owned or held by the government of kerala or the government of india or a local authority or the cochin port trust or any other authority which the government may, in public interest, exempt, by notification in the gazette, from the provisions of this chapter. explanation 1 ..... into force on 1-4-1964. section 81 relates to the exemption of van-out kinds of lands. section 82 prescribes the ceiling area permissible to the various units like unmarried adults, families, association of persons, companies, etc. section 84 invalidates voluntary transfers of lands in excess of ceiling area effected after the publication of thekerala ..... the circle. in respect of those lands section 84 will have its full play. if any lands have subsequently been acquired after 1-4-1964 by the unit they will be roped in only from the date of their acquisition. similarly, as and when any exemptions earlier granted under the principal act are taken away .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker417
..... in all matters specified in the subjoined schedule except where such appeals. applications or matters involve a substantial question of law as to the interpretation of the constitution of india. he may, however, send back any particular case he thinks fit to a division bench taking such cases for disposal. where at any stage of the hearing of ..... by a judge sitting alone or any question of law arising therein for decision to a larger bench; and (c) a judge before whom any proceeding under the indian trusts act, 1882, the companies act, 1956, or the patents and designs act. 1911, is pending may with the sanction of the chief justice, obtain the assistance of ..... an appeal, application or other matter it appears to the judge that it involves a substantial question of law as to the interpretation of the constitution of india he shall send the appeal, application or other matter to the division bench taking such cases for disposal. (ii) provided also that, on the requisition of any .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker156
..... the notification dated nov. 8, 1962. is a delegated legislation, i find it difficult to invoke that maxim as the statute empowering the reserve bank of india to give the permission, or the rules made thereunder do not prescribe the mode of publication of the notification. indeed asimilar question arose before the privy council in ..... are publicly enacted. the debates are open to the public and the acts are passed by the accredited representatives of the people who in theory can be trusted to see that their constituents know what has been done. they also receive wide publicity in papers and, now, over the wireless. not so royal proclamations ..... kong, (1970) ac 1136, referred to the absence of jurisdiction of english courts to interfere in the conduct of proceedings of the fully sovereign parliament of the united kingdom, and the inapplicability of that principle to the colonial legislatures. colonial legislatures and their members did not at common law enjoy all the privileges and immunities .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker307
..... is that the provisions of part xiii of the constitution are violated in this case. article 301 contemplates that trade, commerce and intercourse throughout the territory of india shall be free. article 302 contemplates that parliament may by law impose such restrictions on the freedom of trade and commerce or intercourse between one state and another ..... no guidelines are fixed for determining the process of fixing the price. it should be remembered under the kerala land reforms act, an agriculturist as a family unit is entitled to hold 20 acres of land. an acre of cashew garden will have 70 trees as per the scientific method and usually 100 plants. the yield ..... enactment will not offend the article 301.' then the court considered the question whether the levy impedes the free flow of trade and commerce throughout the territory of india, and whether the legislation is valid, and observed in paragraph 9 as follows : 'there can be no doubt that it constitutes a violation of article 301 unless .....
Tag this Judgment!Court : Kerala
Reported in : [1990]181ITR324(Ker)
..... provision had, therefore, to be found for this exceptional patronage to the local authority with a source of revenue.39. section 142a of the government of india act, 1935, had fixed the maximum limit of profession tax at rs. 50. there have been complaints from local authorities that the amount was meagre. ..... objective, the contentions are closely examined.the place of action :8. thanks to the imaginative and intellectual endowments of the leaders, scientific research of independent india was always on the wings of vision. great scientists were ready to serve science and the nation. the scientific saga which started with bhaba and sarabhai ..... the legal war against the profession tax had been waged by various persons on numerous grounds. some have been principled fights. rajago-palachari, the last governor-general of india, successfully resisted the levy of profession tax when the basis of levy was the receipt of pension. (vide c. rajagopalachari v. corporation of madras : [1964] .....
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