Judgment Search Results Home > Cases Phrase: bombay highways act 1955 maharashtra section 57 unauthorized occupation of highway Court: kerala Page 1 of about 6 results (0.049 seconds)

The Food Inspector, Cannanore Municipality, Cannanore Vs. M. Gopalan

Court : Kerala

Reported in : AIR1991Ker240; 1991CriLJ1783

..... agencies have their role in the entire process of prevention of food adulteration -- those of the local authority who have their close vigil over the vendors of food in the area, those who attend to ministerial acts such as packing, sealing and despatching the sample, those who do the analysis and compile the reports and those who attend to the delivery of the report to the authorities to enable decision in the matter. ..... the food inspector, cannanore filed before the judicial first class magistrate there a complaint against two persons for offences punishable under section 16 (la) and (ii) read with section 2(1 a) and (m) and rules 44 and 50 of the prevention of food adulteration act (hereinafter referred to as the act) and the rules framed thereunder. ..... meenakshi achi, 1972 cri lj 1684, of the bombay high court in state of maharashtra v. ..... ghasiram malviya, 1986(3) fac 62 and of the bombay high court in state of maharashtra v. ..... the generalisation as contained in the later decision of the bombay high court, (vide 1989 (1) fac 107) of an unbroken line of decisions taking the same view -- about rule 7(2-b) being mandatory, -- does not reflect the correct position ..... ram/.an abdul desai, 1980 (1) fac 158, state of maharashtra v. ..... trilokchand divraj jain, 1979 (ii) fac 14, state of maharashtra v. ..... chandanmal bharindwal, 1979 (i) fac 235, state of maharashtra v. ..... the high court of bombay has been uniformly taking a view that the rule is ..... state of bombay, air 1952 sc 181 : (1952 cri u 955) where s. .....

Basil Attipetty @ Basil A.G, Vs. Union of India and Others

Court : Kerala

..... selection committee, make a list of persons selected and send the same with its recommendations to the central government who will in consultation with the chief justice of india in accordance with the provision contained in sub-section (7) of section 6 of the said act, appoint the vice chairman or members of the administrative tribunal of the state government concerned. ..... stage wise procedure to be followed for appointment of members of the tribunal as is clear from the provisions of section 6 of the act and rules 3 (4), 3(5) and 3(8) are the following:- (1) the chief secretary or the secretary of the department concerned of the state government will invite applications from among qualified persons for appointment of required number of members of the ..... the state of maharashtra and others, (wp no.1031/2011) where in a similar case the bombay high court has held that the candidates selected by the selection committee for appointment to the post of members of the tribunal cannot be dropped by the state government. ..... we are in complete agreement with the view expressed by the bombay high court in this regard in the decision above referred. ..... " the petitioner has also relied on the decision of the division bench judgment of the bombay high court in m.ramesh kumar, i.a.s. .....

Kuriland (P) Ltd. and anr. Vs. P.J. Thomas and anr.

Court : Kerala

Reported in : 2009CriLJ763

..... if it is a document which is not his statement conveying his personal knowledge relating to the charge against him, he may be called upon by the court to produce that document in accordance with the provisions of section 139 of the evidence act, which, in terms, provides that a person may be summoned to produce a document in his possession or power and that he does not become a witness by the mere fact that he has produced it; and therefore, he cannot be cross-examined. ..... , accused 2 to 13 that such persons would be, in law, entitled to refuse to hand over the documents; and in such circumstances the order issued by the court would be in contravention of section 131 of the act, which reads as follows:production of documents or electronic records which another person, having possession, could refuse to produce: no one shall be compelled to produce documents in his possession or electronic records under his control, which any other ..... santhosh then referred to the judgment of the bombay high court in state of maharashtra v. ..... i am afraid, i am unable to agree with the division bench of the bombay high court in this regard.19. ..... assuming that there is such a conflict, this court is obviously bound by the view taken by the larger bench in state of bombay v. ..... ralph submitted that mere production of document has been construed as not amounting to testimonial compulsion under article 20(3) of the constitution by the larger bench of the supreme court in state of bombay v. .....

Susmitha Mohan Vs. Rajesh

Court : Kerala

Reported in : 2005(3)KLT88

..... it is somewhat clear from the impugned order that it was in view of the obligations cast upon the court by section 9 of the family courts act that the court thought that even before the petitioners are given permission to have legal representation, it is necessary ..... 227 of the constitution of india are the respondents in ext.p1 original petition presently pending before the family court, ernakulam, at the instance of the respondent under section 7, 12 and 25 of the guardians and wards act, 1890 read with section 7(1) of the family courts act, 1984 for guardianship and custody of a minor child. ..... of the family court by allowing the application filed by the 1st petitioner under section 13, conditionally though it be, found that the petitioners are entitled for having assistance ..... am generally in agreement with the above guidelines formulated by the division bench of the bombay high court, those guidelines should be treated as only illustrative and not exhaustive.8 ..... . (as his lordship then was) for the division bench is that notwithstanding section 13, there is no total embargo for permitting the parties to engage legal practitioners and that the parties can be given permission to engage legal practitioners of their own choice and the ..... .(c) the normal place of residence, occupation, economic capacity and the feasibility of the party attending the court in person without abnormal and undue hardship shall also be ascertained and if it appears that the party would be subjected ..... .....

Siemens Ltd. Vs. State of Kerala and anr.

Court : Kerala

Reported in : [2001]122STC1(Ker)

..... the question whether a deemed sale resulting from transfer of property in goods involved in the execution of a particular works contract amounts to a sale in the course of inter-state trade or commerce under section 3 of the central sales tax act or an outside sale under section 4 of the central sales tax act or a sale in the course of import under section 5 of the central sales tax act has to be decided in the light of the particular terms of the works contract and it cannot be decided in the abstract ..... the question whether a sale is an outside sale or a sale inside the state or whether it is a sale in the course of import or export will have to be determined in accordance with the principles contained in sections 4 and 5 of the central sales tax act and the state legislature while enacting the sales tax legislation for the state cannot make a departure from those principles ..... . further, the court held as follows : 'we are, therefore, unable to uphold the decision of the high court in this regard and it must be held that sub-section (3) of section 5 transgresses the limits of the legislative power conferred on the state legislative under entry 54 of the state list inasmuch as it enables tax being imposed on deemed sales resulting from transfer of property in goods (whether as goods or in ..... state of maharashtra), the bombay high court had occasion to deal with the definition of 'sale' in the maharashtra sales tax on the transfer of the right to use any goods for any purpose act .....

Teejan Beverages Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2003]131STC538(Ker)

..... , the tribunal was fully justified in holding that the activity of converting the used waste lubricating oil into usable lubricating oil is not a refining process and as such not covered by the explanation ii to section 2(17) of the bombay sales tax act and allowing the assessee the benefit of resale claim in respect of the sale of such refined lubricating oil. ..... the supreme court also considered the decision in rajasthan holler flour mills association's case [1993] 91 stc 408 and observed that when section 14(i)(iii) mentioned wheat, it meant wheat alone and not the products of wheat like flour, maida and suji and the said decision has no application ..... 80 stc 249 the supreme court considered the question as to whether conversion of coconut husk to coconut fibre involves manufacture in the context of the provisions of section 5a of the kerala general sales tax act and the supreme court had noted that the word 'manufacture' has not been defined under the act and therefore the meaning of the word known in commercial parlance has to be looked into. ..... referring to the definition of 'manufacture' in section 2(17) of the bombay sales tax act it was observed thus :'the purpose of section 8 is that, where substantially the goods purchased are resold, there should be a deduction of the turnover on which purchase tax ..... ] 11 stc 827, state of maharashtra v. ..... rule 5 of the prevention of pood adulteration rules, 1955 under appendix b thereto prescribes the standards for mineral water as item a.32 .....

K. Dakshayani Amma represented by her Authorised Attorney K. Rugmani V ...

Court : Kerala

..... therefore, the apex court distinguished the aforesaid judgment stating that, firstly, there is no such provision under the maharashtra regional and town planning act, 1966 and secondly, the area which is earmarked for the purpose of park and playground was not owned by a private person ..... (2005 (3) scc 61) wherein under an identical situation under the maharashtra regional and town planning act, 1966, this court quashed the reservation in respect of the land owned by a ..... firstly, there is no such provision under the maharashtra regional and town planning act, 1966 and secondly, the area which is earmarked for the purpose of park and playground was not owned by a ..... have been possible for the municipal corporation and the government of maharashtra to acquire the land in order to provide civic amenities. ..... section 17 of the town planning act empowers the responsible authority (defined in section 2(9) of the town planning act as meaning the authority or person, who is specified in the scheme as responsible for carrying out or enforcing the observance of all or any of the provisions of the scheme or for enforcing the execution of any works which ..... the direction given by the high court of bombay that within this period if the respondents (the present appellants) provide necessary area, approximate in size, suitable for the purposes of garden and park as envisaged in the development plan to the satisfaction of the planning ..... cannot sustain the present order passed by the high court of bombay. .....

Deputy Commissioner of Sales Tax (Law), Vs. V.V. Kammath and Sons

Court : Kerala

Reported in : [1998]111STC44(Ker)

..... no.description of goodspoint of levyrate of tax75other medicines and drugs including ayurvedic, homeopathic, sidha and unani preparations.at the point of first sale in the state by a dealer who is liable to tax under section 5.6'on the other hand, it was contended by the revenue that vicco vajradanti sold by the assessee is tooth paste and tooth-powder which comes under a separate entry 79 in the first schedule and vicco turmeric would ..... but it has to be noted that in the above decision there was no question of considering the effect of inclusion of the item as an ayurvedic drug under the drugs and cosmetics act, since prior to 1971 provisions of the drugs and cosmetics act were not enforcible in maharashtra in relation to ayurvedic drugs. ..... the learned government pleader further pointed out that the above decision of the bombay high court was referred with approval by the supreme court in sarin chemical laboratory v ..... the commissioner, food and drug administration, bombay, an authority under the drugs and cosmetics act, 1940, has certified that the relevant products of the assessee are ayurvedic medicines ..... vicco laboratories [1968] 22 stc 169, high court of bombay had taken the view that dentifrice in the form of powder used for cleaning teeth, is a toilet article and therefore vicco vajradanti (powder) would come under the entry relating to toilet ..... to the revenue, the tribunal should have followed the earlier decision of the bombay high court in commissioner of sales tax v. .....

Abdul Rahiman Kunju M. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1998)IILLJ908Ker

..... -ii-llj-563) wherein the learned judge held that the appropriate government has got no power to amend or modify a reference once made under section 10 of the act which view taken by the learned single judge was upheld by the division bench of the madras high court in the decision reported in mpm ..... respect of the two references which had been consolidated by the tribunal were pending before it and it had made some progress, the government of bihar issued a third notification on september 17, 1955 by which it purported to supersede the two earlier notifications to combine the said two disputes into one dispute to implead the two sets of workmen involved in the two sets of disputes together ..... was different from the reference made earlier under ext.p3, the appellant tiled the original petition contending that once a reference is made under section 10 of the industrial disputes act, 1947 (for short 'the act'), that is necessarily to end by an award under section 17-a of the act and hence the modification of the reference of 'denial of employment' to that of 'dismissal from service' is without the authority ..... 387 (supra)in the above case, the maharashtra government first referred for adjudication to the industrial ..... in the above case, the division bench of the bombay high court held that if points of difference are discernible from the materials placed before the court or tribunal, it has only one duty and that is to decide ..... reversed the decision of the bombay high court in kamani employees .....

Vinod Krishnan Vs. Missionaries of Charity

Court : Kerala

Reported in : I(1998)DMC266

..... we make it clear more because the learned counsel attempted in his persuasive and strenuous manner to urge that the provisions of clause (g) to explanation to section 7(1) of the family courts act, 1984 would need to be understood in such a way that the proceedings and suits referred to in section 7(1) of the act would have to be understood to be in relation to guardianship of the person or the custody or access to any minor to include cases of adoption also by necessary and inevitable ..... in fact the petition as presented before the family court which has resulted into me impugned order is one under section 9 of the act providing statutorily mat the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian ..... the learned counsel submitted that even the presiding officer of the family court under section 7(1) of the act gets power and all the jurisdiction exercisable by any district court, in respect of suits and proceedings of the nature referred to in the ..... are afraid it is not possible to bodily shift the statutory provision of rule 35 of the maharashtra family court rules in the context, not to speak of their application in the present proceedings. ..... learned single judge of the bombay high court has placed reliance on the said provision in the context of section 7(1) clause (g) of the ..... learned counsel brought to our notice the decision of a single judge of the bombay high court, air 1990 bombay 299, kamal v.m. .....