Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Court: kerala Page 6 of about 497 results (0.050 seconds)

P. Gangadharan Pillai Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1968Ker218; 1970CriLJ1701; (1968)ILLJ390Ker

..... it was contended that section 5(1) authorises two different modes of fixing or revising the minimum wages sanctioned respectively by clauses (a) and (b), leaving it to the uncontrolled discretion of the government, as to when each of these modes ..... the revision of minimum wages in the instant case was effected after following the procedure1 sanctioned by section 5(1)(b) of the act which authorises the government by notification in the gazette to publish its proposals, to take into consideration the representations received against the 'same and to consult the advisory board ..... the notification in question has been impugned on several grounds: that the government's power of issuing a notification under the act is quasi-judicial in nature and no reasons had been given in the instant case in the impugned notification for disregarding the advice of the advisory board and fixing the minimi wages at a ..... expressed himself thus:'the learned advocate-general argued that all government servants not ..... it was contended that the 'independent persons' in the advisory board contemplated by section 9 of the act were persons independent not merely of the employers and employees but also of the government which was an interested party in the fixation of minimum wages, charged as it was by the directive principles of state ..... may not be strictly proper to adopt the test laid down in respect of an 'independent person' in clause (i) of section 2 of the industrial disputes act. ..... state of west bengal, 1961-2 lab .....

Chacko Vs. Chacko

Court : Kerala

Reported in : AIR1959Ker149

..... 'i believe as far as any rule is concerned, you cannot safely go further than that in each case you must look to the subject-matter, consider the importance of the provision and the relation of that provision to the general object intended to be secured by the act, and upon a review of the case in that aspect decide whether the enactment is what is called imperative or only directory'. ..... it would appear accordingly that if the arbitrators have agreed on all points, the umpire is not called upon to act at all the failure to appoint an umpire is then not such a breach of the provision in paragraph 2 of the first schedule as to vitiate an award and might amount merely to an ..... that is to say while the arbitrators have to sit together to make the award, the umpire is called upon to act only if the arbitrators have allowed the time to expire without making an award or have delivered to any party to the arbitration agreement or to the umpire a notice in writing stating that they cannot agree and ..... the corresponding provision in the repealed arbitration act of 1899 (indian) ran as follows : 'if the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an ..... the learned judges observed: 'the intention of schedule 1, clause 2 appears to be that the umpire whose function is to decide on a difference between the arbitrators should normally be appointed before any difference arises ..... of west bengal, air 1954 .....

Parameswaran Nambudiripad Vs. Inspecting Assistant Commissioner of Agr ...

Court : Kerala

Reported in : [1969]72ITR664(Ker)

..... behalf of the family or tarwad as such, as if no partition had taken place, and each member or group of members shall, in addition to any agricultural income-tax for which he or it may be separately liable, and notwithstanding anything contained in clause (a) of section 10, be liable for a share of the tax on the income so assessed according to the portion of the family or tarwad property allotted to him or it and the agricultural income-tax officer shall make assessments accordingly on the various ..... on behalf of the family as such, as if no partition had taken place, and each member or groups of members shall, in addition to any agricultural income-tax for which he or it may be separately liable and notwithstanding anything contained in clause (a) of sub-section (1) of section 10, be liable for a share of the tax on the incomes so assessed according to the portion of the family property allotted to him or it and the agricultural income-tax officer shall make assessments accordingly on ..... learned advocate-general, if accepted will lead to the consequence that even if a hindu undivided family has become disrupted by the members effecting a partition of title and division of all the properties by metes and bounds the family has to be treated because of section 29(3) of the act as a hindu undivided family for the purpose of the act, unless an order recognising the partition is recorded by the agricultural income-tax officer under section 29(1) of the act. ..... court in bengal immunity co. .....

Deputy Commissioner of Sales Tax Vs. Hassim Trading Co.

Court : Kerala

Reported in : [1987]66STC240(Ker)

..... the term 'garlic' is not defined in the kerala general sales tax act; for that matter there is no definition of the term 'vegetables' also. ..... the supreme court in state of west bengal v. ..... washi ahmed [1977] 39 stc 378 has held thus :the word 'vegetables' in item 6 of schedule i to the act must be construed as understood in common parlance and it must be given its popular sense meaning 'that sense which people conversant with the subject-matter with which the statute is dealing would attribute to it' and, so construed, it ..... green ginger is generally regarded as included within the meaning of the word 'vegetable' as understood in common parlance.5. .....

Surendran Vs. Simon K. Francis

Court : Kerala

Reported in : 2006(4)KLT353

..... : [1970]3scr881 wherein the expression 'state' in entry 80 of list i in the seventh schedule to the constitution has been construed to include 'union territory' in view of the definition of 'state' contained in section 3(58) of the general clauses act and it has been held that members of police force belonging to the union territory can have their powers and jurisdiction extended to another state provided the government of that state consents.mr. ..... jurisdiction conferred under section 5 can be exercised in the extended area only with the consent of the government concerned.the facts of this case would reveal that government of kerala on receipt of the report of the director general of police issued a notification on 2nd december, 1994 by which its consent to the extension of powers and jurisdiction of the members of the delhi special police establishment in the whole of the state of kerala was accorded ..... member of the delhi special police establishment to exercise powers and jurisdiction in any area in a state, not being a union territory or railway area, without the consent of the government of that state.by virtue of section 5 of the act aforesaid, the central government may by way of an order extend to any area (including railway areas) in a state not being a union territory, the powers and jurisdiction of members of the delhi special police establishment for investigation ..... precise matter came up for debate before the honourable supreme court in state of west bengal and ors. v. .....

Asharaf Kokkur Vs. Sri.K.V.Abdul Khader and Others

Court : Kerala

..... of india or e.p.no.2/2011 11 the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder; (b) x x x x (c) x x x x (d) x x x x (e) x x x x explanation:- for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india or the government of any state specified in the first schedule by reason only that he is a minister either for the union or for such state. ..... and functions of the waqf board as delineated under section 32 of the act are confined to the general superintendence of waqfs registered with it. ..... the fact that the kerala waqf board has not been mentioned in the said act does not automatically follow that its members hold an office of profit under the ..... and the waqf boards in the states of tamilnadu and west bengal as well as the central waqf council do find a place as among those who are ..... of the waqf board includes also its chairperson as is explicit from section 3(h) of the act and such person has no disqualification for being chosen as a member of the legislative assembly. ..... that the waqf board is a creature of the statute as revealed from section 3(c) of the act and its composition under section 14 thereof includes elected as well as nominated members. ..... the petitioner proved exts.z4 and z5 queries obtained under the right to information act relating to the resignation and the e.p.no.2/2011 4 drawing of emoluments by the .....

Southern Gas Ltd. Vs. State of Kerala

Court : Kerala

Reported in : 2005(3)KLT78; [2005]139STC504(Ker)

..... if as a matter of fact a particular category of gas, in the instant case, 'medical oxygen', has got the exclusive user as a medicine and if there is an entry relating to medicine, the item so carved out from the general entry relating to 'gases' will have to be brought under the entry medicine and it has to be assessed under that entry. ..... whether medical oxygen and nitrous oxide can be treated as medicines for the purpose of levy of tax under the kerala general sales tax act, 1963 (for short, 'the act') is the question involved in this case.2. ..... 85 of the first schedule to the act is a special provision taking in all gases and the entry 'medicine' is only a general entry. ..... however, the said assessment was reopened under section 19 of the act on the ground that 'medical oxygen' and 'nitrous oxide' are liable to be assessed at higher rates. ..... 85 itself says 'other than those specified elsewhere in the schedule' which would mean that if any item of gas specifically falls under any other items in the first schedule to the act then such gas would not fall within entry no. ..... there is no definition of the word 'medicine' in the act nor any judicial interpretation given to the said word was brought to our notice. ..... 85 and 116 of the first schedule to the act read as follows: 'sl description of goods rate of tax no. ..... law is what is declared by the supreme court and the high court as to what a particular provision of statute say and not for the executive (bengal iron corporation v. .....

O.P. Chandran Vs. CochIn Devaswom Board, Thrissur Rep. by Its Secretar ...

Court : Kerala

Reported in : 2012(2)KLT675

..... having regard to the contents of the report of the learned ombudsman and the requirement to ensure that no activity using explosives is carried out except in accordance with the provisions of the explosives act, 1884, hereinafter referred to as the "act", and the aforesaid rules, we heard the learned counsel for the petitioner, learned counsel for the contesting respondents, learned central government counsel, the learned senior government pleader and the learned amicus ..... since all such premises are temple premises, easily identifiable to the revenue, police and fire force authorities, all officers concerned in such departments shall act immediately on any such application and shall process and issue the result of such processing, without fail, within a period of two weeks of the date of receipt of the application by the first among the authorities concerned. ..... a person who possesses an le-2 licence can take supply of gunpowder only from a person who is authorised to supply gunpowder in terms of the act and the rules, that is, a person who has a licence under le-3, which includes the licence to possess for sale, explosives in class 1. ..... following earlier orders, we have before us sri.k.sundaresan, controller of explosives (in charge) and smt.e.k.sujatha, deputy collector (general) and adm, ernakulam. ..... this is evident from rule 9(6) of the rules excluding authorisation to possess even small quantities of gunpowder within the states of bihar, kerala, tamil nadu and west bengal. 8. .....

A.G. Abraham Vs. Annamma Alexander and anr.

Court : Kerala

Reported in : [1990]69CompCas359(Ker)

..... . considering the nature of the evil that should be remedied and the devices adopted by the large number of firms and institutions and the methodologies adopted by them as voiced by the learned advocate-general, that the assets have been secreted and put beyond trace, and attempts are being made to stultify all proceedings, civil and criminal, it is for the state government to take serious note of the ..... repelling that contention, lord viscount simonds observed (at page 267) :'the fallacy in the argument that was addressed to us lay in the attempt to exclude the scope of general words acts well calculated to corrupt public morals just because they had not been committed or had not been brought to the notice of the court before ..... the accused are doing the business of banking and in that capacity they have made these acts with the common intention of committing offence of defrauding the complainant the accused thus have committed offences punishable under sections 406, 409 and 420 read with section 34 of the indian penal code ..... . when he was prosecuted, the contention raised by him was that the acts done by him will not fall or constitute an offence under any law ..... . with his usual candour, learned advocate-general submitted that even if there is an iota of doubt on that aspect, this court as also the supreme court, as constitutional courts, should take note of the changing times and the new devices or methodologies adopted by persons to ..... was also placed on the decision in state of west bengal v. .....

C.A. Gopalan Vs. Inspector-general of Police, Crimes and ors.

Court : Kerala

Reported in : 1993CriLJ1543

..... a report was submitted to inspector-general of police (crimes), thiruvananthapuram, on 4-9-1992 praying for action with the air force authorities for obtaining his presence at ernakulam or thiravananthapuram for interrogation. ..... sampat lal, air 1985 sc 195: (1985 cri lj 516) that section 6 of the act does not apply when the court directs c.b.i. ..... he was transferred to barackpore in west bengal before the investigation was taken over by cb cid. ..... reliefs can, thus, be moulded dehors the procedural trammels 'contained in the act.for the aforesaid reasons, i direct the c.b.i. ..... as per section 6 of the act, consent of the state government is necessary for officers of the c.b.i. ..... is an establishment governed by the provisions of the delhi special police establishment act, 1946 (for short 'the act'). .....