Court : Kerala
Decided on : Sep-01-2011
..... the benefit of the members of the federation and the general public. therefore, the registrar of dairy co-operatives/cannot invoke s.66a of the act to sustain ext.p5. 17. the only question that now remains to be considered is whether, as contended by the learned government pleader, the ..... agreement it is inter alia stipulated that the state undertakes not to take any action to restrict the power of the co-operative institutions to act in accordance with sound economic and financial practices, to fix the price for their products, the price paid for milk collected from their members and ..... required for increasing the procurement price/selling price of milk. the learned counsel for the petitioners contended that the federation has the full freedom to act in accordance with sound economic and financial practices to fix the price for its products and the price to be paid for the milk collected ..... can be increased only with the concurrence/approval of the government and that the register of dairy co-operatives is empowered under the provisions of the act and the kerala co-operative societies rules, 1969 (hereinafter referred to as the rules for short) to interfere with the decision taken by the ..... price or the selling price of milk, that the high range dairy co-operative society, chengulam, a primary dairy co-operative society registered under the act, is selling milk at `30/- per litre, that other similar societies are also selling milk at higher prices and that the registrar of dairy co .....Tag this Judgment!
Court : Kerala
Decided on : Jul-04-2011
..... hours, then such charges over the normal rates are certainly attributable for storage and safe custody of goods which squarely falls within the scope of s.65(102) of the act. unfortunately none of the authorities including the tribunal have chosen to find out whether from out of the terminal charges collected by the appellant from the airlines, any portion is ..... net. however, contention of the standing counsel is that the circular is issued specifically clarifying the scope of exemption under cargo handling services provided under s.65(23) of the act. even though circular is issued with reference to another charging section, what is clear from the circular is that the intention of the government is as far as possible to ..... levy service tax only if any part of the charges levied by the appellant falls within the description of storage and warehousing referred to in s.65(102) of the act. storage and warehousing obviously is storing the goods for a duration of time providing safe custody to goods. nobody sends the cargo or passenger baggage to appellants terminal building ..... from various airline companies for the facilities provided in the air cargo terminal attract service tax for storage and warehousing provided under s.65(102) of the finance act, 1994 (hereinafter called the act). we have heard senior counsel sri.joseph kodianthara appearing for the appellant - company and standing counsel sri.thomas mathew nellimoottil appearing for the respondent. 2. appellant is maintaining .....Tag this Judgment!
Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on : Nov-04-2011
..... to pay this amount from his own pocket. there is no doubt that it is unfair trade practice and deficiency in service as per the provisions of the consumer protection act. the complainant is only liable to pay rs. 9,240 + rs. 3,85 = (total amount 9,625/-) the opposite parties have no right to collect rs. 27,098/-. as per ..... . b1 and b2 documents. the counsel for the opposite parties submitted that the assessment was done by the opposite parties as per the section 126(5) (6) of electricity amendment act 2007 an assessment at the rate equal to two times the tariff applicable for a period of 12 months immediately proceeding the date of inspection must be imposed. the counsel ..... equal to 2 times with tariff applicable for a period of 12 months immediately proceeding the date of inspection much imposed, as per section 126 (5) (6) of electricity amendment act, 2007. the fora taken a view that the assessment of the opposite party is correct, hence the impugned bill issued by them is also upheld by the forum below. 6 ..... .27,908/- has been issued out of previous enmity is false. on 18.9.09 , a surprise inspection was conducted by the authorized office under section 126 of the electricity act and it is found that consumer no. 7764 has an unauthorized load of 7kw and a mahazer was prepared and copy of the same was given to the employees present .....Tag this Judgment!
Court : Kerala
Decided on : Apr-12-2011
Reported in : 2011(2)KLT455; 2011(2)ILR(Ker)592; 2011(2)KLJ654; 2011(2)KHC689
..... a revival of the earlier execution petition where the judgment debtor was granted time for payment of the decree amount in installments. where an execution petition is suspended by no act or default on the part of the decree holder, the subsequent execution petition filed by him can be treated as an application to revive the earlier execution proceedings. if the ..... 6th january, 2011 by which warrant was issued against him. 2. the contention of the petitioner that the decree is barred by limitation is unsustainable. article 136 of the limitation act provides a period of limitation of 12 years for execution of any decree other than a decree granting a mandatory injunction. as against the column the time from which period .....Tag this Judgment!
Court : Kerala
Decided on : Sep-23-2011
Reported in : 2011(4)ILR(Ker)196; 2011(4)KLT134(FB); 2011(4)KLJ93; 2011(4)KHC40; 2012AIR(Ker)27
..... of india. the learned counsel appearing for the respondents contended that the remedy of the petitioners, if any, is to file an application under section 17 of the securitisation act. the learned counsel for the petitioners submitted that they have no efficacious alternative remedy. 37. in various decisions, the supreme court emphasized the necessity resort to the alternative ..... the agreement, lease was granted in respect of three rooms to the writ petitioner. the kerala financial corporation initiated proceedings under section 29 of the state financial corporations act and took possession of the building including the tenanted premises. the tenant challenged the said proceedings in the writ petition. the division bench held that lease was contrary to ..... for this omission appears to be that the new legal regime envisages transfer of secured assets to private companies. ----------- ----------------------- 128. if the provisions of the drt act and the securitisation act are interpreted keeping in view the background and context in which these legislations were enacted and the purpose sought to be achieved by their enactment, it becomes clear ..... court in manager uco bank v. samar sarkar and others: air 2008 calcutta 9. 35. for the aforesaid reasons, with respect, we are not inclined to agree with the reasonings in antony v. kerala financial corporation: 1999 (2) klt 457, shameem v. city police commissioner : 2005 (4) klt sn 70 case no. 96 and business india builders and developers ltd .....Tag this Judgment!
Court : Kerala
Decided on : Aug-20-2011
..... to be an amendment of the procedural law which is always retrospective unless otherwise indicated in the amending act. there is nothing in the amending act to suggest that the amendment has only prospective application. the calcutta high court has taken a similar view in ajoykumar ghosh v. state of west bengal (2008 ..... into play and every person accused of an offence prior to the amendment had the legitimate expectation that the magistrate will not be entertaining a police report. for this reason also it cannot be said that the amendment was purely procedural in character so as to induce this court to ..... as laid down therein. the respondent, although, has all the powers of an investigating agency, it expressly has been statutorily prohibited from filing a police report. it could file a complaint petition only as an appropriate authority so as to comply with the requirements contained in section 22 of toho. ..... enabling cognizance of the offences was confined only to complaints. it would then be a case of obvious omission to mention the authority of the police to file the final report under sec. 173 (2) cr.p.c. justifying a clarificatory amendment which undoubtedly would operate retrospectively. but that is ..... and non-bailable only with the introduction of sec. 151 b with effect from 15-6-2007. even assuming that prior to the amendment the police could commence investigation, they could not submit a final report under sec. 173 (2) cr.p.c. since cognizance of the offences was specifically .....Tag this Judgment!
Court : Kerala
Decided on : Sep-07-2011
Reported in : 2011(4)ILR(Ker)88; 2011(4)KLJ38; 2011(3)KHC862; 2012CrLJ57(NOC)
..... fraud. news in the print and electronic media caused panic among the allottees of the different projects which led to the filing of petitions before the police. the petitioners could not even move about freely. they apprehended danger to their lives. employees of the company did not attend the office. these events ..... charge sheet has not expired, are dealt with under this common order. 3. the state prosecutor submitted that more than one thousand persons approached the police complaining that they were cheated by the accused by collecting huge amounts promising to deliver flats, villas and plots in the various projects of apple a ..... supply of labour and materials. there was no attempt to defraud or cheat any one. after registration of the crime, the police conducted a raid at the office of the company on 18-5-2011. all original documents in the office were seized on 23-5-2011. the ..... police issued look out notice against the petitioners. freezing of the bank accounts of the company made it impossible for the petitioners to function ..... crores. it is submitted that there are hundreds of persons who have not approached the police. 4. sri.k.gopalakrishna kurup, senior advocate, appearing for the petitioners submitted the following: the company was registered under the companies act 1956. the company was incorporated on 27-1-2004. they successfully completed nine projects consisting .....Tag this Judgment!
Court : Kerala
Decided on : Oct-31-2011
..... money circulation scheme was promoted, a case was registered against the parties of the firm. writ petition was filed by the partners for quashing the fir and the proceedings. the calcutta high court allowed the writ petition. state of west bengal challenged the judgment in appeal before the supreme court. the appeal was dismissed. it was held that no money circulation ..... when different interpretations are possible, the interpretation favourable to the accused should be preferred. 10. sri.k.a.jaleel, the learned additional advocate general submitted the following: thrissur west police registered 116 cases against the petitioner and other directors of the company, out of which 31 cases were handed over to the crime branch. the crime branch is conducting investigation ..... the director and vice president as well as the directors of the company. 5. the petitioner was arrested at hyderabad in connection with crime no.252 of 2011 of wadakkanchery police station. formal arrest of the petitioner was recorded in the aforesaid three crimes on 14.10.2011. 6. the prosecution case is the following: the petitioner started a company, ..... referred to as the prize chits act) 3. one shirly jose, varantharappilly filed a complaint before the court of the chief judicial magistrate, thrissur, alleging that a sum of rs.1,79,500/- was collected by the accused giving false promises and that the accused committed the aforesaid offence. the complaint was forwarded to the police under section 156 (3) of the .....Tag this Judgment!
Court : Kerala
Decided on : Dec-09-2011
..... centrifuged latex and crumb rubber. 3. while so, the government, in exercise of the power conferred under section 10 of the kerala general sales tax act, 1963 (kgst act in short) issued ext.p2 notification bearing sro no.695/2003, finding it necessary in the public interest so to do and exempted the manufacturers ..... point of sale in the state by dealers coming under sub-clause (g) of clause i of sub section (2a) of section 5 of the kgst act, except on the turn over relating to goods received on consignment and/or branch transfer. later, by virtue of the subsequent notification dated 09.03.1993, ..... such, there is no chance for any unlawful enrichment of the petitioner. by virtue of the mandate under section 22 (2) (b) of the kgst act, there is a prohibition in collecting the purchase tax and if any such attempt is made, the petitioner is liable to pay penalty, under the relevant provisions ..... of india, which stipulates that, no tax shall be collected without the authority of law. so also, it is contended that section 10 of the kgst act, confers the power under the government, only to provide exemption or to reduce tax liability and as such, the notifications issued in exercise of the said ..... of centrifuged latex and crumb rubber from payment of tax under the kgst act, 1963 on the purchase turnover of rubber in any form used for the manufacture of centrifuged latex and crumb rubber. it was also stated that the .....Tag this Judgment!
Court : Kerala
Decided on : Jul-07-2011
..... the existing rules which permit deduction of sales return only within three months of sale, petitioner or other medical companies cannot get deduction of sales returns. kerala general sales tax act or the rules do not specifically provide any provision for refund or adjustment of tax paid in respect of sale of medicines which have lost potency at the hands of ..... government. in any case, the petitioner / manufacturer is free to take up the matter with the government for providing sufficient safeguard under the vat scheme which has replaced sales tax act and rules.Tag this Judgment!