Court : Kerala
Decided on : Mar-08-2007
Reported in : 8STT33; (2007)7VST323(Ker)
..... moopil nair v. state of kerala : 3scr77 , atiabari tea co ltd. v. state of assam : 1scr809 , state of punjab v. jullundur vegetables syndicate : 2scr457 , devi dass gopal krishnan v. state of punjab : 3scr557 , municipal corporation of delhi v. birla cotton, spinning and weaving mills : 3scr251 , yogesh trading co. v. intelligence officer of sales tax : ..... . state of assam : 5scr975 , the question before the constitution bench was, whether the assam taxation (on goods carried by road or on inland waterways) act (assam act 10 of 1961) was constitutionally valid. it was held that the entries in the three lists in the seventh schedule must be given the widest possible interpretation and that ..... end? 'to bring about better living, better business and better methods of production'. the objectives are clear; the guidelines are there. there are numerous provisions of the act dealing with registration of societies, rights and liabilities of members, duties of registered societies, privileges of registered societies, property and funds of registered societies, inquiry and inspection, ..... principles of state policy.4. in harishankar bagla v. state of madhya pradesh : 1954crilj1322 , the question arose whether section 3 of the essential supplies (temporary powers) act, 1946, which empowered the central government to make orders providing for the regulation or prohibition of the production, supply and distribution of essential commodities and trade and commerce .....Tag this Judgment!
Court : Kerala
Decided on : Sep-28-2007
Reported in : 2008(1)KLJ419; (2009)25VST546(Ker)
..... the following rates, whichever is higher:(i) at 140% of the purchase value of liquor, in the case of business places situated within a municipal corporation or municipal council or a cantonment and at 135% in the case of business places situated at other places, or(ii) at 115% of the highest ..... months during 2006-07 at one hundred and forty percent of the purchase value of liquor in the case of those situated within the municipal corporation or municipal council or cantonment and at one hundred and thirty five percent of the purchase value of liquor situated in other places.6. the kerala ..... . however, sri. sudhi vasudevan, learned counsel for the appellant heavily relying on the observations made by apex court in the case of state of punjab v. nestle india ltd., contended that the concept that there can be no pleas of estoppel against the statute has been watered down and that ..... the statute. in support of his contention, the learned counsel strongly relies on the observations made by the apex court in the case of state of punjab v. nestly india ltd. : 269itr97(sc) and the decision of the supreme court in the case of state of himachal pradesh and ors. ..... dealers under the provisions of the kerala general sales tax act, 1963, hereinafter for the sake of brevity referred to as act, 1963. they are running bar attached hotels within the area of municipal corporation, municipal council and other places.3. section 5(2) of the act, among other things provides for levy of turnover tax .....Tag this Judgment!
Court : Kerala
Decided on : Nov-01-2007
Reported in : 2008CriLJ909
..... singh (ninth edition, pages 45 to 49). literal or strict interpretation is accepted by the apex court in promoters and builders association of pune v. pune municipal corporation and ors. : (2007)6scc143 . hon'ble apex court in the above decision observed as follows:the language of the section is very clear ..... or 208 of cr. p. c. at the time of taking cognizance of the case. in k. satwant singh v. provincial govt. of punjab air 1946 lah 406:the district judge is not required by section 4(1) of the ordinance to give any grounds or reasons if he decides ..... the legal advisor, advocate r.s. jothy, vigilance and anti corruption bureau, who is legally empowered to prosecute the cases under the p.c. act had presented the application before the district court, thiruvananthapuram signed by an authorised officer. operative part of the government order, annexure i is as follows: ..... , p. 459, it is stated as follows:sub-section (6) appears to lay down that the special judge while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by a district judge under the criminal law (amendment) ordinance, 1944. that power relates to interim attachment ..... of the property with regard to a matter connected with a matter pending in criminal court having special jurisdiction. therefore, the question whether district court acts as a civil court or criminal court is of not much consequence. the district court is vested with special powers and procedures in dealing with .....Tag this Judgment!
Court : Kerala
Decided on : Jan-23-2007
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... a public market, cart-stand or slaughter house or of rents for shops has been farmed out or leased by a municipal council, municipal corporation, township committee or panchayat.the act came into force with effect from 1-4-1965. at that time the word 'tenant' was defined in the following ..... vikkara vellodi, predecessor-in-interest of the landlady let out petition schedule building bearing door no. 13/651 (old no. 12/268) of municipality on 17-11-1950 to late a.m. velayudhan who was the predecessor-in-interest of the revision petitioners. the rights of the landlord devolved ..... read words and expressions not found in the statute and thus venture into a kind of judicial legislation, see calcutta gujarati education society v. calcutta municipal corporation : air2003sc4278 . but that was what has been, in effect, down in narayanan's case. as further held by the supreme court in ..... the legislature is the best judge of what is good for the community, but the court should not shirk its duty to determine the validity of the law municipal corporation of the city of ahmedabad v. jan mohd. usmanbhai : 2scr700 and dalmia cement (bharat) ltd. v. union of india : (1996 ..... emphasis supplied)86. recently, the hon'ble supreme court in raghunath raj bareja v. punjab national bank 2006 air scw 6446, while interpreting section 31 of the recovery of debts due to banks and financial institutions act, has marshalled the decisions on literal interpretation exhaustively and explained the said concept in .....Tag this Judgment!
Court : Kerala
Decided on : Sep-11-2007
Reported in : 2008CriLJ824
..... the consequences as held in union of india v. hansoli devi : supp2scr324 ; nathi devi v. radha devi gupta : air2005sc648 and promoters and builders association, pune v. pune municipal corporation : (2007)6scc143 . this rule is applicable while constructing all types of statutes including penal statutes. one cannot import words in the statute so as to restrict the meaning by ..... bringing home the offence under section 201 of the ipc (vide suleman rahiman v. state of maharashtra : 1968crilj1013 ). the position is made clear in roshan lal v. state of punjab : 1965crilj426 in which the supreme court observed that the word 'offence' wherever used in section 201 means some real offence, which, in fact, has been committed and not some ..... narayan nambiar v. state of kerala : (1963)iillj660sc .16. in suman sethi v. ajay k. churiwal : 2000crilj1391 , subbarao, j. observed as follows while considering prevention of corruption act:the act was brought in to purify public administration. when the legislature used comprehensive terminology to achieve the said purpose, it would be appropriate not to limit the content by construction when ..... or harboured the offender whom he believes and knows has committed the offence shall not leave unpunished if the other ingredients are established. the criminality lies in the act of concealment committed with the knowledge or belief that the person who is harboured or concealed is the offender and also with criminal intention of screening him from legal .....Tag this Judgment!
Court : Kerala
Decided on : Nov-07-2007
Reported in : 2007(3)KLJ765
..... national fertilizers ltd. v. somvir singh 2006 (4) scc 493, principal, mehar chand polytechnic v. anu lamba : air2006sc3074 , state of u.p. v. desh raj : 2006crilj2108 , municipal corporation jabalpur v. om prakash dubey : (2007)illj1026sc , kendriya vidyalaya sangathan v. l.v. subramanyeswara : (2007)iiillj174sc , mahadeo bhau khilare (mane) v. state of maharashtra : (2007)5scc524 ..... and punjab water supply and sewerage board v. ranjodh singh air 2007 sc 1082. of particular significance are the pertinent observations made by the supreme court in : 2006crilj2108 , wherein the court ..... commanding the respondents to reinstate them with continuity of service, back wages and other benefits arising from the date of their termination. petitioners contend that the government acted illegally and without jurisdiction in revoking ext.p5 order by which the government had sanctioned regularisation of 106 employees, working in different categories in the corporation. ext.p5 ..... the corporation shall be made on the advice of the public service commission as per the provisions of the kpsc (additional functions as respects certain corporations and companies) act, 1979. the service rules also provide for temporary appointments for periods not exceeding 180 days. the principles of communal rotation as contained in article 14 - 17 of .....Tag this Judgment!
Court : Kerala
Decided on : Sep-20-2007
Reported in : 2008CriLJ455; 2008(1)KLJ9
..... v. tikaram agarwala and ors. : 1978crilj1687 , it was observed that it includes evidence collected in the investigation also. similar view is taken in delhi municipality v. ram kishan 1983 crl.lj. 159. in rakesh v. state of haryana : 2001crilj3511 , apex court held that the examination-in-chief of witnesses ..... summon additional accused not willingly come up for trial on the basis of material collected in the investigation also. in ranjit singh v. state of punjab : 1998crilj4618 , apex court held that evidence envisaged in section 319 is the evidence adduced during trial of the case, if the offence is ..... and submitted a final report (whether charge sheet or refer report), to conduct further investigation notwithstanding the fact that earlier report was accepted and acted on by the court.17. power of the police to conduct further investigation under section 173(8) will, in no way, fetter the ..... m kazi lhendup dorji (supra) - that an investigation undertaken by c.b.i. pursuant to a consent granted under section 6 of the act is to be completed, notwithstanding withdrawal of the consent, and that 'further investigation' is a continuation of such investigation which culminates in a further ..... of consent will not entitled the state police to further investigating the case considering the scope of section 6 of the delhi special police establishment act, 1946. apex court, following the earlier decision in kazi lhendup dorji v. cbi : (1992)illj922sc wherein it was held as follows:therefore .....Tag this Judgment!