Court : Kerala
Reported in : (1992)IILLJ330Ker
..... k.k. venugopal, on behalf of some of the petitioners, that there are many social welfare legislations like factories act, plantation labour act, shops and commercial establishments act, e.s.i. act, maternity benefits act, workmen's compensation act, etc. looking after the welfare of workers and providing for their health, recuperation and physical and mental well-being ..... open. they would also say that the constitution bench was not competent to go into the question. it appears that there is great force in these arguments.6. (air) 1983-sc-239 (supra) said that the constitutional validity of article 31c, as amended by the 42nd amendment, did not arise for consideration ..... birth day of the father of the nation, falling on 2nd of october, festival holidays were increased from four to nine. constitutional validity of the amendment act is under challenge in these original petitions. at the time of arguments, all concerned made it clear that gandhi jayanthi may continue as a national holiday. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker36; [1960]11STC747(Ker)
..... is or may be levied under the travancore-cochin prohibition act, 1950, or the madras prohibition act, 1937, as in force in the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956 or the travancore or cochin opium act or the opium act, 1878, (central act i of 1878)'.3. the last addition is to schedule ..... and the freedom under article 301 of the constitution was not correct. in the case the learned judges have followed the distinction given in motilal v. uttar pradesh government, air 1951 all 257 (fb) that the right under article 19(l)(g) means the right at rest whereas under article 301 it means the freedom is motion. the ..... been assigned to another legislature'.13. coming to some decisions on the point by high courts, the bihar finance act, 1950, had charged a tax on all passengers and goods carried by motor vehicles and in ilr 31 pat. 493: (air 1952 pat 359) (sb), it was challenged among other things for contravening the proviso to article 304. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker212
..... . p. ill)the learned author, for this relies on section 12(6)(g) of the english statute, arbitration act, 1950, corresponding to item 3 in the second sch. to the act read with section 41(b) thereof. however, i do not think that the provisions of order xxvi of the ..... code in relation to such matters. with respect, the construction placed on section 41(b) as aforesaid in jammu forest co. v. state (air 1968 j & k 86), it appears to me, would make clause (b) of section 41 inapplicable to arbitrations without the intervention of the ..... the lower court granted interim injunction on the lines mentioned earlier in this judgment, and this was in force till 28-10-1978. later, this court by order dated 27-11-1978 granted interim injunction on the same lines, and this is ..... still in force. the result is that the irrigation scheme, intended for the benefit of the general public and which was to be completed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker47
..... thus, the revisional power of the government under the said regulation was passed on to the board of revenue. the travancore cochin board of revenue act, 1950 contained a provision in section 9 thereby authorising the government to revise any order of the board of revenue.13. the travancore cochin land assignment ..... therefore, regulation 7 conferred on the government power of revision.12. the regulations of 1097 were followed by the trawancore cochin board of revenue act (act 9 of 1950). section 6 of the said act enabled the board of revenue toexercise revisional powers, exerrisable by the government under the enactments mentioned in the first schedule thereof. the government land ..... the rule making authority to confer power of revision on the state government, otherwise purpose of the act will be defeated. we do not see any force in this submission. rules are made only to carry out the purposes of the act. if the submission is accepted then any rule can be made under clause (q) irrespective .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker58
..... to ensure .the excellence of the institutions to be aided.'to the same effect is the decision in ah-medabad st. xavier's college society v state of gujarat, air 1974 9c 1389. in this latter case recognising that the state can provide regulatory measures the supreme court stated that such regulations made in the true interests of efficiency of ..... to establish and administer educational institutions of their choice was subject-matter of decision by the supreme court in more than one case. in in re kerala education bill, 1957, air 1958 sc 956, s. r. das, c. j. explained the content of the right under article 30(1) of the constitution in these words:--'we have already observed ..... supports the contention of the state that the school was run only as a boys' school. the school was being run as a boys' school when the education act came into force. it will be deemed to have been established as such under the act and so it can be considered only as a boys' school for the purpose of kerala education .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker82
..... of her children is much stronger than in the case of property given to her by her husband. 12. before the statutes giving the right to individual partition came into force, individual partitions were rare, and the question of the character of property obtained by a single sharer in partition, or, for that matter even of property in the ..... see in this connection explanation i to section 38 of the madras marumakkattayam act as amended by kerala act 28 of 1958 which is only declaratory of the law as also sreedevi nethir v. peruvunni air 1935 mad 71 at p. 78, kuttimalu amma v. lakshmi 1960 ker lj 1476= (air 1961 ker 166) (fb),) if that be the position with regard to ..... 1912, or the malabar nayar act of 1932, or the cochin nayar act of 1938, in the case of the latter two even of today since the presumptions enacted by the madras and cochin statutes are still in force? could the intention of the customary marumakkattayam law be--as i have said the intention of the parties is irrelevant for that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker149
..... by a 'regulation' and not a 'resolution' and therefore the resolution ext. r-1 is not valid and has no binding force and cannot be taken into consideration but has to be ignored by the court. learned counsel for the university on the other ..... a resolution. it deals with a matter which is required by section 38 of the act to be dealt with only by a regulation. therefore ext. r1 has no binding force and has to be ignored for the purpose of testing the eligibility of the petitioner ..... 3769 of 1978 vide george joseph v. principal medical college. (1979 ker lt (s.n.) case no. 11 p. 8) : (air 1979 ker 160), on the ground that the insistence of a minimum standard of performance in the basic subjects at the pre-degree or equivalent ..... and the recognition of examinations of other universities are to be dealt with by regulations as stated in section 38 of the act. these are important matters affecting not only the academic standards of the university but also the academic life and future of candidates .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker139
..... -god to kanhangad through the bridge over chandraigiri is nationalised, it will not become profitable for the private operators to conduct the service. therefore they will be forced to cancel the service itself. in that view of the matter the travelling public will be inconvenienced. the second objection is that on the commissioning of the ..... rule 237 of the kerala motor vehicles rules provides for the manner of filing objections. any person affected by the scheme published under section 99 of the act may within 30 days from the date of publication of the scheme in the official gazette file his objections thereto before the secretary to government, public works and ..... a route as the physical track disappears in the working of nationalisation under chapter vi of the motor vehicles act, 1988. in standard motor v. kerala state, air 1969 sc 273, the supreme court observed at page 275, air 1969 sc:'for the purpose of chapters iv and iva there is no practical distinction between the route or .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker205; [1969]23STC434(Ker)
..... be revised was communicated to the asses-see. the revised orders in these cases have been passed within the above period. rule 33 (1) of the general sales tax rules 1950 (hereinafter referred to as the rules) confers the power on an assessing authority to assess escaped turnover. the same power is also conferred by rule 33 (5) on the ..... court held that the law laid down in the above decision of the supreme court would apply only to assessments in respect of periods prior to the coming into force of the above amendment; that the position would be different in the light of the said amendment and that, in respect of subsequent periods, the tax under the central ..... same view in laxmi starch factory ltd, v. state of kerala, (1965) 16 stc 794 = (air 1966 ker 60). section 15 of the central sales tax act was amended by the central sales tax (second amendment) act, 1958; and the said section as amended was brought into force with effect from 1-10-1958. in khader and co. v. state of madras, (1968) 17 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker206
..... allege in order to constitute his defence. on the high authority of the supreme court in ratbnavarmaraja v. vimla (air 1961 sc 1299).'the court-fees act was enacted to collect revenue for the benefit of the state and not to arm a contesting party with a ..... any of the grounds mentioned in order vii, rule 11 does not, as provided in order vii, rule 13 of its own force preclude the plaintiff from suing again on the same cause of action, and if this happens the court will be engaged in trying ..... raised the question. we are in complete agreement with these two decisions.5. the scheme of section 7 of the court-fees act, 1870 (central act) is that the question of court-fees is one solely between the plaintiff and the state. therefore, it was the duty ..... the deficit court-fee (for which the court has power in view of section 11 (1) (b) of the a. p. act) and the plaintiff paid the same. the defendants unsuccessfully challenged the decree and judgment on merits before the first appellate court. they then .....
Tag this Judgment!