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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: kerala Page 4 of about 148 results (0.031 seconds)

Aug 08 2005 (HC)

Antony Vs. State of Kerala

Court : Kerala

Reported in : 2005(4)KLT69

..... election of president and vice president) rules by substitution as per s.r.o. no. 98/99 following the aforesaid anti-defection act and is one to be applied during the course of proceedings referable to section 153 (7a) which is in pari materia with section 157(9a) that falls for construction in this case. yet ..... the consideration of the no-confidence motion against the president of the wayanad district panchayat at the district panchayat conference hall on 24-6-2005, is a valid vote. on the basis of the aforesaid declarations, the result of the aforesaid no confidence motion is that the same has been carried with a majority ..... of whom the vote had been intended to be given. this, of course, is subject to the rule that before a ballot paper is accepted as valid the ballot paper must not be invalid under any other express provision and the intention of the voter must not be expressed in a manner which is ..... have voted in support of the motion, whereas an equal number has voted against it. therefore, the result of the no-confidence motion will depend upon the validity or otherwise of the vote of the petitioner, on the basis of this judgment.5. the facts that the ballot paper no. 3, the only invalid vote ..... said decisions have no application to the facts of the case in hand.14. the learned counsel for the petitioner points out that by the anti-defection act, in part materia provisions have been introduced as sub-section 7a in section 153 and sub-section 9a in section 157 and that even the rule .....

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Mar 07 2000 (HC)

Onkar S. Kanwar and ors. Vs. Union of India and ors.

Court : Kerala

Reported in : (2001)168CTR(Ker)352; [2001]249ITR258(Ker)

..... against that decision which was considered by the supreme court. srini-vasan j. speaking for the bench held as follows (page 695) ; 'it is wellsettled that the word 'proceedings' shall include the proceedings at the appellate stage.' their lordships quoted the judgment of the supreme court in garikapati veeraya v. n. subbiah choudhary : [1957]1scr488 , that the legal pursuit of a ..... , acquisition proceedings under section 269c will not be initiated in respect of an immovable property for which the apparent consideration is ..... pendency of the appeal, chapter xx-c was introduced in the income-tax act. the central board of direct taxes issued a circular which reads as follows (see : [1986]159itr105(cal) ) :'with a view to achieve early finalisation of proceedings, under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from 1st april 1986 ..... rs. 5 lakhs or less and that where acquisition proceedings have been initiated by issue of notice under section .....

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Jan 10 2013 (HC)

Dr. Jeevan Vs. State of Kerala

Court : Kerala

..... , j.--------------------------------------- crl. m.c. no.3850 of 201.--------------------------------------- dated this the 10th day of january, 2013. order the petitioners are seeking to quash the proceedings in c.c.no.91/2012 on the file of the judicial first class magistrate court_ii, haripad. annexure-a1 is the final report in the said case ..... annexures-a3 and a4. the 1st petitioner and the 3rd respondent filed a joint petition for divorce on mutual consent under section 13b of the hindu marriage act and the same has been allowed by the court.3. heard both sides and the learned public prosecutor. it is evident from the pleadings that ..... all the disputes have been settled and the parties have divorced themselves, there will not be any purpose in proceeding with the criminal case also. the crl.m.c is allowed and the proceedings in c.c.no.91/2012 on the file of the judicial first class magistrate court-ii, haripad will ..... the offences alleged are under sections 406, 420, 498a read with section 34 of indian penal code and sections 4 and 5 of the dowry prohibition act.2. the 1st petitioner and the 3rd respondent are husband and wife, 2nd petitioner is the mother of the 1st petitioner, 3rd and 4th petitioners ..... the parties have been settled their disputes and the respondents 2 and 3 have stated in their affidavits that they do not want to proceed with .....

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Mar 09 1964 (HC)

Commissioner of Wealth Tax, Kerala Vs. Travancore-cochIn Chemicals (P) ...

Court : Kerala

Reported in : AIR1965Ker101; [1964]54ITR50(Ker)

..... of april, 1957, a tax(hereinafter referred to as wealth-tax) in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family, and company at the rate or rates specified in the schedule.'an actual liability to pay an amount by way of tax is not what ..... . in the light of what is stated above we must hold that the exemption from tax granted to the assessee under section 45(d) of the act for the assessment years 1957-58, 1958-59 and 1959-60 was not rightly granted and answer the question referred against the assessee and !n favour ..... last day of the last of the previous years aforesaid,' the material portion of the definition of 'previous year' in section 2 (11) of the indian income tax act, 1922, reads as follows :' 'previous year' means [i) in respect of any separate source of income, profits and gains- (c) where a business, ..... see, has nothing to do with the effectuation or otherwise of the object with which those companies were formed.7. section 2(d) of the wealth-tax act, 1957, defines the expression 'assessment year'; the definition is:*' 'assessment year' means the year for which tax is charegable under section 3'.the second contention ..... 4. the first point for determination is : when was the company 'established' within the meaning of that expression as used in section 45(d) of the act? vlt was registered on the 8th november 1951. the construction of the factory, it is agreed, was completed only sometime in december 1953. according to tlie .....

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Dec 06 1960 (HC)

Lekhraj Sathramdas Lalvani Vs. Mathur and ors.

Court : Kerala

Reported in : AIR1962Ker152

..... the power to make such rules under section 72 read with section 323 being indisputable, it would follow that the rules actually made were rules validly made in exercise of this power notwithstanding the omission to refer either to section 72 or to section 323 in the preamble as the section from ..... it purports to be made under a wrong provision if it can be shown to be within its powers under any other rule and that the validity of an order should be judged on a consideration of its substance and not its form. no exception can be taken to this proposition, .....' ..... was rejected; and, on december 18. 1959, he was forcibly dispossessed of all the assets, of which he was the manager. on the same date a proceeding was drawn up, showing what exactly happened, whose copy is ext. p16, and its paragraph 6 reads as follows: ''sri lalvani having refused to give possession ..... the aforesaid evacuee properties by public auction appeared in 'the hindu'. it js petitioner's case that he under the 1954 act applied to the chief settlement commissioner for orders stopping the sale of the two concerns and that the central government by proceedings dated april 24, 1956 stopped the sale, and ordered their ..... to be realised from him should also be intimated.' the bargains contemplated have not been concluded and on march 25, 1958, an advertisement appeared in 'the hindu' about the sales by public auction of these concerns as well on april 10, 1958. the petitioner thereafter filed in this court o. p. no. .....

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Apr 07 1993 (HC)

Tity Thomas and ors. Vs. Tax Recovery Officer and anr.

Court : Kerala

Reported in : [1994]207ITR1072(Ker)

..... the partners thereof even though the firms continue to subsist. the notices, exhibit p-7, series are thus warranted by the provisions of section 188a and the proceedings initiated thereunder against the partners are valid in law.10. the other point regarding alleged violation of the principles of natural justice does not merit serious consideration. the assessment is one completed on the ..... of tax, penalty or other sum payable by the firm. it is really a projection of the principle underlying section 189 to a firm in existence, and to attract the proceedings under the act for recovery of the said amount from the partners also. the position as it stood under george's case 0065/1976 : [1976]105itr144(ker) of ..... proceedings under the act being barred so long as the firm was in existence stood removed by this provision. if section 188a is applicable to the case, it cannot be doubted that the amount ..... the other hand, submits that section 188a does not create any new liability, but incorporates merely a machinery provision for enforcement of that liability through the processes envisaged by the act. being a machinery provision, it applies to all cases when amounts are in arrears from firms even though the liability might have accrued prior to april 1, 1989. he also .....

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Mar 18 1966 (HC)

T.J. Poonen Vs. Rathi Varghese

Court : Kerala

Reported in : AIR1967Ker1

..... therefore, a contention was taken before the supreme court that the said decree must be treated as a nullity absolutely void and having no validity whatsoever. in dealing with that contention, their lordships of the supreme court proceed to state that if a court having jurisdiction over the subject-matter and the party, passes a decree, it cannot certainly be treated as ..... in the exercise of power by this court under section 116, c. p. c., we are dealing with the matter a little more elaborately for this reason, because the proceedings in question were initiated before the district court under the act, and one of the questions that has been adjudicated by the district court and which arises for consideration in these ..... not enable the learned counsel for the petitioner to establish that the order itself should be treated as nullity. notwithstanding the mandatory provisions contained in section 8 of the limitation act, and notwithstanding that the supreme court is of the view that a decision rendered ignoring those provisions amounts to an illegality, nevertheless their lordships of the supreme court, in ..... learned district judge is that the place where the revision petitioner and the respondent last resided together was trivandrum, in which case, under section 3, clause (3) of the act the trivandrum district court has got jurisdiction to entertain the original petition filed by the respondent, in that connection the learned district judge has also referred to several decisions, to .....

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Mar 16 2006 (HC)

T.C. Sreejith Vs. Intelligence Officer and ors.

Court : Kerala

Reported in : (2007)8VST268(Ker)

..... or obtained by the petitioner and other legal heirs from the deceased dealer.7. in the circumstances, and by virtue of fiction available in section 20 of the kgst act, all proceedings for assessment, or for levy of penalty for evasion of tax and interest for belated payment of tax can be continued and can be recovered from assets of the deceased ..... levied if the petitioner still does not discharge his duty of establishing that book figures tally with physical stock found on inspection. even though apprehension of the petitioner that penalty proceeding already initiated by the first respondent is factually incorrect, i feel, the issue raised by the petitioner as to whether section 45a penalty can be levied against the successor ..... the registered dealer.3. i heard the counsel appearing for the petitioner and the government pleader appearing for the respondents.4. in support of the petitioner's contention that penalty proceeding is not maintainable against the successor of the business after the death of the proprietor, counsel has cited the decisions reported in hindustan steel ltd. v. state of orissa : ..... the legal representative who holds the assets of the deceased dealer because any liability arising under the act, is recoverable from the assets of the dealer and so much so, legal heirs' interested in the property either by inheritance, transfer or otherwise, should defend all proceedings initiated to avoid liability. even though by virtue of the fiction provided in section 20, the .....

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Aug 03 2015 (HC)

Amrutha M George Vs. Spices Board

Court : Kerala

..... defence.32. therefore, while issuing a show-cause notice, the authorities must take care to manifestly keep an open mind as they are to act fairly in adjudging the guilt or otherwise of the person proceeded against and specially when he has the power to take a punitive step against the person after giving him a show-cause notice.33. ..... contention of the learned senior counsel for the respondents that the said provision offers immunity from legal proceedings only to officers exercising powers under the act does not appeal to me as convincing since the express provisions of section 21 of the rti act do not admit of any such restricted interpretation to be placed on the provisions. thus, in any view ..... hence, the averments amounted to making unsubstantiated allegations against the respondents, for which, the petitioner could be proceeded against, in accordance with the rules governing disciplinary proceedings that were applicable to the organization. (iii) the petitioner could not rely on section 21 of the rti act, inasmuch as the said provision affords a protection only to persons exercising a power under the said ..... no.13528/2015 3 petitioner preferred a reply to the said memo served on her, the respondents proceeded to issue ext.p1 charge memo dated 27.4.2015, contemplating disciplinary proceedings against the petitioner for having made unsubstantiated statements in the application under the rti act. in the writ petition, the petitioner impugns ext.p1 charge memo that is issued to her .....

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Jan 02 2006 (HC)

Gopalaswamy Kounder and Etc. Vs. Ramaswamy Kounder and ors.

Court : Kerala

Reported in : AIR2006Ker138; 2006(2)KLT595

..... also filed e.a. 504/2005 to record full satisfaction of the decree in o.s. 172/98. as section 5 of the limitation act is not applicable to proceedings in execution, the petitions to condone the delay filed by selvi were dismissed and consequently e.a. nos. 508/05 and 503/ 05 filed ..... thought it fit to dismiss the said application. law does not contemplate the appointment of a next friend for a minor who institutes a legal proceeding either as a plaintiff or as a petitioner. the object of a minor being represented through a next friend is only for the purpose of ..... is an applicant. the position does not change merely because the minor has attributed negligence on the part of his mother in defending the execution proceeding. all the six items of properties are lying contiguously as a single plot and there were other encumbrances and liabilities over the properties and therefore ..... of the guardian (mother) of the minor. eventhough the decision of a division bench of this court in narayanan namboothiripad v. gopalan nair 1960 klt 546 : air 1960 ker 367 that a minor can avoid a decree or order on the ground of gross negligence of the guardian or next friend without proof ..... or inference of fraud or collusion, may not be good law after the ruling of the apex court in asharfi lal v. koili air 1995 sc 1440, the minor can certainly institute independent proceedings .....

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