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Fertilisers and Chemicals Travancore Ltd. Vs. T. Chandra Mohan Nair an ...

Court : Kerala

Reported in : (2001)ILLJ1458Ker

..... . no benefit available to the workmen has been taken away. on the moment the notification was issued under section 10(1) of the act, the operation of the act ceases to have force so far a the establishment and the workmen therein are concerned; because there is no contract system of labour. any settlement arrived at thereafter ..... workers represented by two recognised unions and the management on implementation of the notification, ext. p1.such a settlement has got statutory force in terms of section 18(3) of the industrial disputes act, 1947 binding not only the management; but also all the workmen in the establishment. therefore, the workmen cannot escape out of ..... not so vitiated, because of the binding force statutorily attributed to it by section 18(3) of the industrial disputes act. it cannot be challenged by the workmen. that is the settled position in view of several decisions of the supreme court reported in tata engg. and locomotive co. v. its workers, air 1998 sc 554 : 1998 (1) .....

Divisional Forest Officer, Kalpetta and anr. Vs. C.C. Aravindan

Court : Kerala

Reported in : AIR2000Ker121

..... in the goods auctioned passed on to the respondent-purchaser on confirmation and therefore the fdt as per the kerala forest (amendment) act, 1986 was in force on that date i.e. on 1-11-1996. it is further argued that ext. r1(c) g.o. (ms) ..... no. 64/97/f&wld;, dated 23-8-1997 came into force only prospectively and therefore the respondent is liable to pay fdt at 5% of the sale value of coffee. accordingly the impugned order under ..... in raw coffee seeds, coffee powder etc. and he is a registered dealer of the coffee board and also under the kgst act and cst act. he purchased coffee seeds from the divisional forest officer. south wayanad division in the auction held on 19-9-1996 for rs ..... against the judgment of k. s. radhakrishnan, j. in o.p. no. 17737 of 1999 dated 12th august, 1999 (reported in air 2000 kerala 28)2. in this appeal the following interesting questions arise for determination.(i) whether coffee is not a forest produce as contended .....

Sridevi Amma and ors. Vs. Venkitaparasurama Ayyan and ors.

Court : Kerala

Reported in : AIR1960Ker1

..... application of principle of res judicata that the conjugal union of venkiteswara iyer with the ist defendant did not amount to a marriage under the nair act of 1095 which was then in force but was only a concubinage commencing as it did in 1097 or 1098 while yet the caste wife was alive. and though the defendants have ..... declarations by the testator made down to within a short time before he died is admissible to assist the court in clearing up the ambiguity. see also re govier, (1950) wn 213, where extrinsic evidence of surrounding circumstances was admitted to explain an ambiguity.10. the proposition as stated in leading english text books does not take the ..... learned counsel for the respondents that alienation of part of property covered by a will is indicative of revocation thereof. see thakar singh v. arya prithinidhi sabha, punjab, air 1928 lab 934, where the giving of various gifts by the testator during his lifetime, of part of the property included in the will made by him, was held .....

N.J. Jose Vs. Thavarakkattil Chandri and ors.

Court : Kerala

Reported in : [1988]170ITR210(Ker)

..... respect of the joint business conducted by both of them. a similar contention was considered thus by the calcutta high court (when section 54 of the 1922 act was in force) in promatha nath v. nirode chandra : air1940cal187 :'it may be that in the case of a sole assessee there is no objection to his using the ..... chandra ghose : air1940cal187 , held that the assessee 'has no right to demand a certified copy of it under the section'. similarly in devidatt ramnirawjandas v. shriram narayandas air 1932 bom 291, it was held thus (headnote) ;'an income-tax officer is prohibited under section 54 to give certified copies of income-tax returns or of assessment ..... assessment order is a public document under section 74, evidence act, and a certified copy would be admissible under section 65 of the same act.'varadachariar, j.22. speaking for the madras high court, interpreting section 54 of the 1922 act observed thus in venkataramana v. varahalu air 1940 mad 308:'even assuming that the strict view taken .....

O. Thomas Childrens Benefit Trust Vs. Commissioner of Agricultural Inc ...

Court : Kerala

Reported in : [1993]200ITR799(Ker)

..... , j. 1. many questions arise for consideration in these two original petitions. the petitions are filed under section 60(3) of the kerala agricultural income-tax act, 1950. the petitioners/assessees pray that this court may direct the commissioner of agricultural income-tax to refer certain questions of law which, according to them, arise out ..... the assessee within the meaning of the second proviso to section 34 of the agricultural income tax act. we find force in this submission.3. we, therefore, hold that these two original petitions, filed under section 60(3) of the act, are not maintainable, since the orders passed in revision were rendered by the commissioner of agricultural ..... be considered to be orders either enhancing the assessment or otherwise prejudicial to the assessee within the meaning of section 60(2) of the act read with the second proviso to section 34 of the act. we are fortified in this view by the full bench decision of this court in jacob v. addl. deputy commr. of agrl. .....

Kasim Rowther Vs. Pampady Panchayat and ors.

Court : Kerala

Reported in : AIR1958Ker118

..... the panchayat rules, 1951''.37 panchayats are mentioned in the notification and the pampadi panchayat is no. 30 of the list.3. section 56 of the travancore-cochin panchayats act, 1950, provides-'any panchayat, (a) after observing such preliminary procedure and rules as may be prescribed; (b) subject to such bye-laws as may be framed by the ..... cochin government gazette dated the 5th january 1954. the opening words of the notification are:'in exercise of the powers conferred under section 102 of the panchayat act ii of 1950 and rule 138 of the panchayat rules 1951, the bye-laws of the following panchayats are approved and notified by the director, the same having been duly ..... that the previous sanction of the government is necessary for the validity of any bye-law imposing a rate tax cess or licence or other fee under the act. according to the counsel for the petitioner no such sanction has been obtained for the bye-laws concerned and the learned government pleader is unable to contradict the .....

J. Saraswathy Amm Vs. N. Sreedharan Nair and ors.

Court : Kerala

..... are in lawful possession and not to rank trespassers. in budhan singh v. babi bux : air 1970 sc 1880 the apex court construing the terms 'belonging to' and 'held' occurring in section 9 of the u.p. zamindari abolition and land reforms act, 1950 held as follows:9. before considering the meaning of the word 'held' in section 9, ..... of late parameswaran pillai krishna pillai, that no law other than the viruthi proclamation 1061 and viruthi rules 1945 were applicable to the disputed lands till the act came into force on 6.8.1981 and that as he was in possession of the disputed lands after the death of late parameswaran pillai krishna pillai, in his capacity ..... to them applying the laws of succession. he also contended that the first respondent/petitioner was in possession of the lands as on 6.8.1981 when the act came into force and therefore, as the person in lawful possession, the right to possession being traceable to rule 10 of viruthi rules, 1945, the first respondent/petitioner was entitled .....

Chirayinkeezhu A. Babu Vs. Delimitation Commission

Court : Kerala

Reported in : 2010(2)KLJ957

..... been given effect from 19.2.2008.34. the consolidated order ext.p5 as noticed, is one issued under section 8(1)(a) of the representation of the people act, 1950 and the bar under article 329(a) applies to it also. hence, the writ petition is not maintainable.35. for all these reasons, the writ petition is dismissed ..... called in question in any court.(emphasis supplied)going by the same, the consolidated order, viz. delimitation of parliamentary and assembly constituencies order, 2008 shall have the force of law and shall not be called in question in any court. ext.p5 is the consolidated order thus brought out by the election commission dated 26.11.2008 ..... to the legislature is concerned.28. i may mention here two earlier decisions of the apex court, viz. n.p. ponnuswami v. the returning officer, namakkal constituency : air 1952 sc 64, a landmark decision by a constitution bench which was relied on by another constitution bench in mohinder singh gill and anr. v. the chief election commissioner .....

The Vanguard Fire and General Insurance Company Limited, Madras-i Vs. ...

Court : Kerala

Reported in : AIR1963Ker270

..... the court can order that the agreement shall cease to have effect as regards any particular difference.section 36 of the indian arbitration act 1940 corresponding to section 25 (4) of the english arbitration act, 1950 reads as follows :'where it is provided (whether in the arbitration agreement or otherwise) that an award under an arbitration agreement ..... court orders that an arbitration agreement shall cease to have effect in relation to a dispute, it may also order that any scott v. avery clause in force between the parties (whether contained in the arbitration agreement or not) shall likewise cease to have effect. this section in effect gives the court a discretion, in ..... maintainable although no recourse was had to arbitration proceedings. (see the judgment of lord macmillan in arthur andrew cipriani v. macdonald burnett, 64 mad lj 284 : (air 1933 pc 91) as to the circumstances in which the courts will imply a condition precedent, when there is no express clause to that effect.)9. the .....

Regional Director, E.S.i. Corporation Vs. Kerala Electrical and Allied ...

Court : Kerala

Reported in : (2003)IIILLJ768Ker

..... for the registers to be maintained by the employer. in exercise of the powers under the act, the regulations have been made. these regulations are called the employees' state insurance (general) regulations, 1950. these regulations were published, vide notification dated october 17, 1950. regulation 32 as amended in the year 1985, inter alia, provides that 'every employer ..... appellants are liable to pay the contribution demanded. in this context, the following observation of the supreme court in goodyear india ltd. v. regional director, esi corporation air 1997 sc 2415 : 1997 (3) scc 189 : 1997-ii-llj-366, while dealing with an identical question, is quite apposite:'it would thus be seen that ..... a perusal of the above observations shows that the bench had placed reliance on the decision of the apex court in goodyear india ltd. v. regional director, esic air 1997 sc 2415 : 1997(3) scc 189 : 1997-ii-llj-366. in this case, their lordships were dealing with a case wherein the corporation had made .....