Court : Kerala
Reported in : 2009(3)KLJ509
..... the position with regard to applicability of section 217 as well, which says as follows:217. recovery of bans and advances made by government-(1) notwithstanding anything contained in the kerala local authorities loan act, 1963, the government may, by order, direct any person having custody of the funds of the panchayat to pay to them in priority to any other charges against such fund ..... referred to and followed, holding that such priority cannot be given in respect of the amount to be recovered on the basis of any agreement with the local authorities.12. section 3 of the kerala revenue recovery act reads as follows:section 3:- charge and security for public revenue:- the public revenue due on any land shall be the first charge on that land ..... the position, the challenge raised against ext. p2 does not hold any water at all.9. however, coming to the sustamability of the steps taken by the concerned authority under the kerala revenue recovery act, it is to be noted that the alleged liability of the petitioner is brought to light for the first time, only as per ext. p3 and p4 notices ..... .the scope and ambit of the above provision is only to the effect that no separate notification under section 71 of the kerala revenue recovery act is intended in respect of the dues payable to the panchayat, which is a local/autonomous body and nothing more.15. the reliance placed by the learned government pleader as well as the learned counsel for the .....Tag this Judgment!
Court : Kerala
Reported in : 2009(1)KLJ845
..... of a whip or direction ad its service in the manner prescribed are not necessary. the learned senior advocate contended that under the kerala local authorities (prohibition of defection) act, 1999, a member of a local authority can be disqualified, if he or she has voluntarily given up his/her membership of the political party to which he/she belongs or ..... (supra), on the admitted facts, no further enquiry or evidence is required to hold that their action comes within the purview of section 3 of the kerala local authorities (prohibition of defection) act, 1999. the pleadings and the evidence before die commission also justify the said conclusion. the commission was therefore right in holding that the petitioners have incurred ..... left democratic front establishes that they have voluntarily given up their membership of the indian national congress. the commission accordingly held that the petitioners are disqualified under the kerala local authorities (prohibition of defection) act, 1999.7. i have heard sri. v. philip mathews and dr. k.p. satheesan, the learned counsel appearing for the petitioners, sri. v. chitambaresh ..... said to have voluntarily given up their membership of the indian national congress.10. the kerala local authorities (prohibition of defection) act, 1999, hereinafter referred to as the 'act' for short came into force on 2-10-1995. section 2(vii) of the act defines the term 'local authority' to mean a panchayat at any level or a municipality. section 2(x) defines .....Tag this Judgment!
Court : Kerala
Reported in : 2009(2)KLJ112
..... thottathil b. radhakrishnan, j.1. the petitioner, employed with a local authority, is a guarantor for a loan availed by the third respondent from the first respondent, a cooperative bank. he executed an agreement to which section 37 of the kerala co-operative societies act, 1969, hereinafter referred to as the 'kcs act', applies. thereby, the creditor may require the petitioner's employer to deduct amounts due ..... whereby section 60 of the cpc gets incorporated by reference, would, in no way, touch the flow of the incidents of section 37(1) of the kcs act.6. that apart, what is authorized under section 37(1) is the competence of the employer of a debtor to deduct from the salary or wages payable to the debtor, such amounts which may ..... there is any outer limit for the amounts that could be recovered by recourse to section 37 of the kcs act is well settled by the decision of this court in tvm. co-op. a. & r.p. bank ltd. v. state of kerala 2004 (2) klj 85.3. however, the learned counsel for the petitioner, very persuasively, argued that the aforesaid precedent ..... , has any impact on the right of a cooperative society to invoke section 37(1) of the kcs act. it is also argued that there is an' incorporation of section 60 of cpc by reference, going by the provision of rule 77 of the kerala co-operative societies rules, 1969, hereinafter, the 'kcs rules'. accordingly, it is argued that with reference to .....Tag this Judgment!
Court : Kerala
Reported in : AIR1999Ker293
..... of the act. the full bench approved the view of the division bench of the delhi high court in bar council of delhi v. the bar council of india, air 1975 delhi 200 wherein it is held that the body which has the authority to elect its chairman has the inherent and implies power to remove the chairman.17. under the kerala local authorities (pro ..... village administration' has enacted the panchayath raj act, 1994. constitutional provisions are made only to supplement the laws already made by the state legislature. article 243-i also envisages the continuation of the existing ..... provisions of the 73rd and 74th constitution amendment act'.13. the state legislature in exercise of the legislative power traceable to entry 5 of list ii-statc list of the 7th schedule, namely, 'local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, districts, boards, mining settlement authorities and other local authorities for the purpose of loeal self-government or .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC1028; JT2001(2)SC175; (2001)ILLJ743SC; 2001(1)SCALE540; (2001)4SCC101; 1SCR742
..... rural banks act, 1976 reads thus: 'provided further that the remuneration of officers and other employees appointed by a regional rural bank shall be such as may be determined by the central government, and, in determining such remuneration, the central government shall have due regard to the salary structure of the employees of the state government and the local authorities of ..... would not be permissible for the employer-bank or the union of india to take such a plea in the present proceedings. in jacob m. puthuparambil and ors. vs . kerala water authority and ors. : (1991)iillj65sc, the court was considering the regularisation of employees serving for a reasonably long period having requisite qualification for the job. while indicating what the preamble ..... same should ipso facto get reflected by revising the pay structure of the employees of the regional rural banks and in this view of the matter, the high court of kerala committed serious error in issuing the impugned directions. mr. rao, the learned senior counsel further contended that the regional rural banks are separate statutory entities managed by separate ..... revise the pay structure of the officers and employees of the regional rural banks also. in these appeals, apart from the respondents, who had filed the writ petition in kerala high court, namely co-ordination committee of south malabar gramin bank employees union, all india regional rural bank employees association, who had filed the writ petition in the karnataka .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (2003)84ITD419(Coch.)
..... its status as the holding-company for a group of subsidiary companies, owned by the government of kerala, the assessee-company was acting as a channelising agent for the funds disbursed by the government of kerala to various subsidiary companies in the form of loans and advances. the government is rendering financial help to various subsidiary companies on the basis of their ..... company, as defined therein, is a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures or securities issued by the government or a local authority or other marketable securities of a like nature. the ao was of the view that the assessee-company would come under the category of an 'investment company', because of the ..... of setting up a bureau'similar to the bureau of public enterprises at the government of india for coordinating and improving the efficiency of the state-owned industrial enterprises in kerala, the central bureau of public enterprises is mainly concerned with the streamlining of orders, collection of intelligence and undertaking of specific studies. it is felt that a similar bureau ..... government had been from time to time releasing funds to the assessee-company for the purpose of transmitting the funds in the form of loans and advances to various subsidiary companies, also owned by the government of kerala, to meet the requirements of funds for project and working capital requirements. these are all made on the basis of the larger policy .....Tag this Judgment!
Court : Kerala
Reported in : AIR2008Ker7; 2007(3)KLJ289
..... 34(1)(j) when referring to the dues towards government, means dues towards government of kerala. we may straightway refer to the arguments placed by learned counsel for the respondent relying upon section 30 of the act. section 30 provides for disqualification of officers and employees of government, local authorities, etc. section 30(1) and explanation is extracted below for easy reference:30. disqualification ..... counsel for the petitioner submitted that the alleged dues cannot be characterized as dues to the government for the purpose of section 34(1)(j) of the kerala panchayat raj act, as the amount of loan was taken only from the co-operative bank in question. it was submitted that being a provision concerning disqualification to contest the election, only an interpretation ..... in 2002 (3) kct 603 the learned single judge took the view that 'a close analysis of the various provisions of the kerala state co-operative agricultural and rural development banks act shows that the source from which the loan advanced by the bank comes from the government. if a loanee commits default, the government is the ultimate loser.' the banks in ..... in consequence whereof the property was sold; thirdly, in payment of the principal money due on account of the gehan or mortgage or hypothecation. therefore, the money goes to the loan account of the loanee, maintained in the primary bank and not to the government at all. none of the above provisions confer any power on the government to proceed against .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411
..... other than a casual trader or agent of a non-resident dealer or the central government, or government of kerala or the government of any other state or of any union territory, or any local authority) whose total turnover for a year is not less than two lakh rupees and every casual trader or ..... others, the negotiating of loans and advances; the receiving of all kinds of bonds, scrips or valuables on deposit or for safe custody or otherwise; the providing of safe deposit vaults; the collecting and transmitting of money and securities;(b) acting as agents for any government or local authority or any other person or ..... selling, supplying or distributing goods for cash or deferred payment or for any other valuable consideration. it is important to note that prior to kerala finance act, 1998 there was litigation. the result of that litigation was that the high court had taken the view in the earlier rounds that sale ..... along with other banks carried the matter in appeal. by the impugned judgment dated 3.4.03 it was held that in view of the kerala finance act, 1998 under which the definition of the word 'dealer' is expanded to cover banks, the department was right in seeking to cover the transactions ..... agent of a non-resident dealer, the central government, the government of kerala, the government of any other state or of any union territory or any local authority, whatever be its total turnover for the year, shall pay tax on his taxable turnover for that year .....Tag this Judgment!
Court : Kerala
Reported in : 2008(1)KLJ283
..... , properly owned by him and other members of his family, liabilities including arrears due from him to any public sector undertaking or government or local self government institutions and whether disqualified for defection under the kerala local authorities (prohibition of defection) act, 1999, in the form and manner as may be prescribed.5. section 102(ca) was also inserted to section 102, by the same ..... act which reads as follows:(ca) that the details furnished by the elected candidate under sub-section (1a) of section 52 were fake or.therefore by ..... sub-clause (iv), details of property tax are to be furnished. though sub-clause (ii) of clause (a) of form 2a provides that candidate shall furnish details of loan including arrears of loan as on that date, it does not provide that any other arrears due to a public undertakings shall be furnished by candidate in form 2a. the argument of learned ..... be furnished with regard to the liability and arrears. under sub-clause (a)(i) the candidate has to disclose the details of the loan obtained from the bank. under sub-clause (ii) of clause (a), the details of the loan obtained from public undertakings are to be furnished. under sub-clause (iii) of clause (a) the details of the arrears due to .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (1986)17ITD655(Coch.)
..... deposit made under chapter xxiia; (ii) interest on debetures or other securities for money issued by or on behalf of local authority or a company or a corporation established by a central, state or provincial act.(2) nothing contained in sub-section (1) shall be construed as precluding an assessee from being charged to income-tax ..... year and that during that assessment year, the amounts could not have been brought to tax as the recipient of the interest was the government of kerala. the amount is now sought to be taxed in the subsequent year on receipt basis taking advantage of the fact that the assets have become the ..... part of the assets taken over by the assessee. this is confirmed by the deed of sale executed in favour of the company by the governor or kerala and the connected papers regarding the valuation of the assets. the assesse merely collected an amount which had accrued due to the predecessor in interest. it was ..... .50 being interest at the rate of 5 3/4 per cent on k. s. d. loan, 4 3/4 per cent on k. s. d. loan bonds and 5 1/2 per cent on k. s. d. loan bonds, respectively. the interest amounts had accrued during the period when the assets were held by the ..... government and was not, therefore, taxable. the amounts were brought to tax by the ito in the reassessment by resorting to section 18(2) of the income-tax act, 1961 (the act).3. the commissioner ( .....Tag this Judgment!