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Judgment Search Results Home > Cases Phrase: agricultural pests and diseases act 1968 1 of 1969 section 12 obligation of village officers to report on insect pests plant diseases or noxious weeds Court: kerala

Jan 05 1996 (HC)

Arya Antherjanam Vs. Kerala State Electricity Board, Trivandrum

Court : Kerala

Reported in : AIR1996Ker309

..... it is then contended by the claimants that in view of the restrictions imposed by the board the owner of the land will not be able to plant or grow coconut trees or other trees under or by the side of the line within the prohibited distance and thus the land owner is disabled to utilise the property as an agricultural property by growing coconut palms or other trees due to the stringing of the electric line. ..... it is the case of the claimants that diminution in market value of the land as an agricultural property arises due to their disability to continue the cultivation after the life span of the existing trees in view of the prohibition against planting and growing trees under and by the side of electric line. ..... orders passed by the district judge in exercise of the jurisdiction under section 16(3) of the indian telegraph act, 1885 read with section 51 of the indian electricity act, 1910 are under challenge in these revision petitions. in c.r.p. ..... according to the claimants, the dictum laid down in the decision reported in 1989 (1) ker lt 451: (air 1989 ker 198) (supra) does not require reconsideration. ..... authorising any public officer or other person engaged in the business of supplying energy to the public to exercise any of the powers which the telegraph authority possesses under the indian telegraph act, 1885 with respect to the placing of telegraph lines and posts. ..... , air 1969 bom 373 : (1969 lab ic 1324). ..... faure & fairclough, (1968) ac 1130. .....

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Aug 29 1961 (HC)

M.T. Joseph and ors. Vs. Gift Tax Officers

Court : Kerala

Reported in : AIR1962Ker97

..... entry 14 in list ii deals with 'agriculture, including agricultural educationand research protection against pests and prevention of plant diseases. ..... of any state also, have power to make laws with respect to any of the matters enumerated in list iii in the seventh schedule (in thisconstitution referred to as the 'concurrent list), again, clause (3) of article 246 provides: 'subject to clauses (1) and (2), the legislature of any state has exclusive power to make laws, for such state or any part thereof with respect to any of the matters enumerated in list ii in the seventh schedule (in this constitution referred to as the 'state ..... (2) if the gift-tax officer is of opinion that in respect of the gifts made by a person during any previous year he is liable to gift-tax, under this act, then notwithstanding anything contained in sub-section (1) he may serve a notice upon such person requiring him to furnish within such period, net being less than thirty days, as may be specified in the notice, a return in the prescribed form and verified in the prescribed manner. ..... 5 in list ii of the constitution where the same words occur, the learned chief justice observes: 'the succession act broadly divides the subject of 'succession' into 'testamentary' and 'intestate' succession; and the ordinary meaning of succession is the transmission, by law or by the will of man, to one or more persons of the property and the transmissible rights and obligations, of a deceased person. .....

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Aug 29 1961 (HC)

Joseph Vs. Gift-tax Officer.

Court : Kerala

Reported in : [1962]45ITR66(Ker)

..... entries 14, 18, 45, 46, 47 and 48 in list ii to show that such powers to legislate regarding agricultural lands and agricultural income have been given exclusively to the state legislatures.entry 14 in list ii deals with 'agriculture, including agricultural education and research, protection against pests and prevention of plant diseases. ..... no arguments have been advanced before us to show that, apart from entry 18 in list ii, the state legislature can be considered to have any power to levy tax in respect of a gift of agricultural lands.we are not certainly inclined to accept contention of the learned counsel for the petitioners that entry 18 of list ii, standing by itself, can also be considered to empower the state legislature to levy gift-tax on the ..... officer is of opinion that in respect of the gifts made by a person during any previous year he is liable to gift-tax under this act, then notwithstanding anything contained in sub-section (1), he may serve a notice upon such person requiring him to furnish within such period, not being less than thirty days, as may be specified in the notice, a return in the prescribed form and ..... words occur, the learned chief justice observes :'the succession act broadly divides the subject of succession into testamentary and intestate succession; and the ordinary meaning of succession is the transmission, by law or by the will of man, to one more persons of the property and the transmissible rights and obligation of a deceased person. .....

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Jul 16 2015 (HC)

Paul Chacko Vs. The Managing Committee of the Kerala State Co-Operativ ...

Court : Kerala

..... in terms of the feeder category sub-rules framed by the respondent bank and the unamended rule 185(1) of the rules, to the post of regional manager the promotion is to be effected from the cadre of agricultural development officers and deputy managers in the ratio of 1:2.26. ..... administrative officer and regional manager and equivalent posts in kerala state co-operative agricultural and rural development bank ltd. ..... insofar as the trade unions are concerned, section 36 of the industrial disputes act, 1947 facilitates that a workman being a party to a dispute shall be entitled to be represented in any proceeding under the act by any member of the executive or other office-bearer of a registered trade union of which he is a member or by any member of the executive or other office-bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated.63. ..... 31264/2014 -9- the kerala co-operative societies act, 1969, (`the act' for brevity) the petitioners have an efficacious alternative remedy as has been clearly established by this court in prakasini v. ..... the report of the committee on minister's powers, 1932, deprecated the indiscriminate use of these expressions and suggested (p.64): ''the expression 'regulation' should be used to describe the instrument by which the power to make substantive law is exercised, and the expression 'rule' to describe the instrument by which the power to make law about procedure is exercised. .....

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Feb 22 2007 (HC)

Dr. Dimpi V. Divakaran and anr. Vs. Mahatma Gandhi Univ. and anr.

Court : Kerala

Reported in : 2008(1)KLJ545

..... 1997) 1 ilr 199, a vacancy arose for the post of director of extensions under section 36(1) of the kerala agricultural university act. ..... is true that the notification providing for procedure of appointment mentioned that the list shall be valid for one year.when one vacancy is notified and a period of one year is prescribed it does not mean that the list can be utilised for filling up of a second vacancy. ..... even though an attempt was made to salvage the position, pointing out that the post is a teaching post and the academic interest of the students would be jeopardised, besides relying on directions to the academic body referred to by me earlier, i am of the view that in the facts of this case, the said contentions of the respondents must ..... was a case where an advertisement was issued by the state inviting applications for the post of lecturer in paediatrics and before the date, four persons had been granted ad hoc promotion which was approved by the psc. ..... am of the view that the appointment made of second respondent from the select list prepared pursuance to ext.p3 is palpably illegal and contrary to the law declared by this court in kerala agricultural university v. ..... getting legal opinion, it was decided to fill the vacancy occurred treating it as first in the coming vacancies after 8-3-2006 from the existing rank list, and a turn of vacancy as per communal rotation went to ezhava community and the second respondent who is ranked second in the select list was accordingly appointed. .....

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Jun 22 2005 (HC)

Public Service Commission Vs. Ramesan

Court : Kerala

Reported in : 2005(4)KLT466

..... on the other hand, section 80(3) of the kerala co-operative societies act provides that 'the government shall, in consultation with the state co-operative union, make rules either prospectively or retrospectively regulating the qualification, remuneration, allowances and other conditions of service of the officers and servants of the different classes of societies specified in sub-section .(1)'. ..... the power conferred on government by sub-section (3) of section 80 as extracted above does not oblige the government to notify the rules so made in order to publish it in the official gazette, as required in terms of section 109 (1) of the act. ..... (co-operation and banking) of the kerala agricultural university, with three years regular service in the primary co-operative society as experience. ..... going by this act, by section 80(3a) of the kerala co-operative societies act and by rule 187 of the kerala co-operative societies rules, 1969 (hereinafter referred to as the rules) direct recruitment to the post of clerk/cashier in the and district co-operative banks has to be made by the public service commission. ..... with reference to the decision reported in valsala devi's case (supra) it is contended by the writ petitioners that it was in relation to. ..... in this regard it will be useful to refer to the division bench judgment reported in valsala devi v. ..... dated 30-9-1986, they have relied on the decision reported in valsala devi v. .....

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Dec 23 1971 (HC)

Commissioner of Income-tax Vs. K. Ananthan Pillai

Court : Kerala

Reported in : [1974]94ITR122(Ker)

..... the other operations like weeding, digging the soil around the growth, removal of undesirable undergrowths and all operations which foster the growth and preserve the same not only from insects and pests but also from depredation from outside, tending, pruning, cutting, harvesting and rendering the produce fit for the market, would also be agricultural operations, when taken ..... agricultural income ' is again defined under section 2(1) to mean, inter alia, any income derived by agriculture from land which is used for agricultural purposes and is either assessed to land revenue in the taxable territories or subject to a local rate assessed and collected by officers ..... whether the income derived by an assessee by the sale of trees in his forests was agricultural income or not, the crucial question is whether the trees were planted by the assessee or whether they grew spontaneously; and that, if it is the latter, it would be immaterial that the assessee has maintained a large establishment for the purpose of preserving the forests and assisting in the growth of the trees, because, ex hypothesi, he performed no basic operations ..... therein, the learned judges have observed that whether a particular land is or is not 'agricultural land' within the meaning of therelevant section of the wealth-tax act is a question of fact to be decidedin the circumstances of a given case depending upon the nature andcharacter of the land, its environment, the use to which it has been previously put or is .....

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Nov 03 1967 (HC)

K.M. Joseph, Trivandrum and anr. Vs. State of Kerala and anr.

Court : Kerala

Reported in : AIR1968Ker244; (1969)IILLJ475Ker

..... equality of opportunity in matters of public employment (1) there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state'.the scope and ambit of the fundamental right guaranteed by this article have been well settled by a series of decisions of the supreme court. ..... prescription of reasonable rules for selection to any employment or appointment to any office, any provision as to the qualifications for the employment or the appointment to office reasonably fixed and applicable to all citizens would certainly be consistent with the doctrine of the equality of opportunity; but in regard to employment, like other terms and conditions associated with and incidental to it, the promotion to a selection post is also included in the matters relating to employment, and even in regard to such a promotion to a selection post all that ..... the report also added that, though the terms of reference did not expect the committee to make any recommendations, it was authorised to do so by implication, and that, in view of the facts and circumstances acted in the report, the committee was of the opinion that a censure of the principal by the board may be sufficient to meet the ends of justice.this recommendation was not accepted by the board. ..... the committee consisted of a retired district judge, a retired director of public instruction, and the then principal of the agricultural college, vellayani. .....

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Feb 24 2012 (HC)

Baby Chakrapani Vs. CochIn University of Science and Technology, Thrik ...

Court : Kerala

..... schedule annexed to these regulations outlines the pay scales, designations and stages of promotions under cas of incumbent and newly appointed teachers and equivalent positions in the library and physical education and sports cadres in central universities and colleges thereunder and institutions deemed to be universities whose maintenance expenditure is met ..... the ugc scheme, under the heading "revision of scale of pay of teachers in universities, affiliated colleges, teachers in law colleges and engineering colleges and kerala agricultural university and teachers in physical education and qualified librarians, etc. ..... in fact, under section 38 of the cochin university of science and technology act, 1986 various matters which can be provided under the statutes, have been specified as items ..... order by which the ugc scheme was implemented, itself provides for amendment of the statutes, enactments as well as government orders in the matter and therefore the requirement of an amendment is envisaged in the government order itself under the relevant clauses quoted already. ..... , conditions of service, powers and duties of the officers, teachers and other employees of the university. ..... abolition or suspension of posts - on the motion of the syndicate and on report from the academic council the senate thereon may abolish or suspend any professorship, readership, lecturership or other teaching posts, provided, however, that no such suspension or abolition shall be made in the case of a .....

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Nov 28 2013 (HC)

Dr.P.Prasad Vs. the Central University of Kerala,

Court : Kerala

..... the date "30.06.2012" shown in the regulations of 2010 is the date on which the commission brought out the said regulations and that is of no consequence, since sub-section (1) of section 26 inhibits the commission, in so far as bringing out a regulation, other than by way of a notification in the official ..... university came out with a corrigendum, by which, exhibit p3 notification was sought to be amended insofar as purportedly making the regulation of 2010, applicable to the appointment of teachers and academic staff and making it mandatory for the candidates who have applied under exhibit p3 to furnish additional details, updating their application, as per the new regulations. ..... of 2011 & 2769 of 2012 - 6 - appendix iii of the regulations of 2010, which provides for academic performance indicator (api) and a comparison of the relevant entries made by the respondents 4 and 5, as seen from their applications, would demonstrate that they were in fact disqualified from even participating in the selection process. ..... section 26 of the ugc act provides that "the commission may, by notification in the official gazette, make regulations consistent with this act" and as per sub-rule (2) any regulation so brought in would come into effect from the date of publication of ..... agricultural university ..... true copy of order dated110.2009 of the officer on special duty of the1t respondent. ..... for the above proposition is garnered from the decisions of the hon'ble supreme court reported in p.mahendran v. .....

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