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Kokkalai Rice and Oil Mills Foundry, Etc. Vs. Regional Provident Fund ...

Court : Kerala

Reported in : AIR1961Ker57; (1960)IILLJ528Ker; (1960)IILLJ528Ker

..... the real legislative intent was well manifested by the subsequent enactment of act 94 of 1956 recasting section 1 (3) of the acts as'subject to the provisions contained in section 16, it applies to every establishment which is a factory engaged in any industry specified in schedule i and in which fifty or more persons are employed'.the addition of the word 'and' in this ..... and if the answer to both the questions is 'yes' and the factory does not come within section 16 ...........there can be no doubt that the act isapplicable, and that no exemption is available on the ground that the persons employed in that portion of the factory which is engaged in a scheduled industry is ..... in it the respondent explained the reasons for his demand thus :'your factory comes within the coverage of the employees' provident funds act in view of the fact that some departments therein are engaged in some industry specified in the schedule, that it has been in existence for more than three years, and that it ordinarily employs fifty ..... i have quoted above from paragraph 7 of the judgment of the bombay high court in (s) air 1957 bom 149, and i repeat my respectful agreement ..... in respectful agreement with the views expressed by the allahabad high court and the madras high court on the construction of section 1 (3) of the act and are constrained to differ from that expressed by the bombay high court. ..... on the other hand, the bombay high court in oudh sugar mills ltd. v. ..... , in the bombay case and balakrishna .....

N. Mohammed Kutty Vs. High Court of Kerala and ors.

Court : Kerala

Reported in : AIR1978Ker55; (1978)ILLJ333Ker

..... item 18 of schedule ii of the kerala civil services (classification, control and appeal) rules and is therefore unhelpful to the respondents.12. ..... -- in exercise of the powers conferred by sub-section (1) of section 2 of the kerala public services act, 1968 (19 of 1968), the government of kerala hereby make the following amendment to the kerala state and subordinate services rules, 1958, namely:--amendmentin part ii of the said rules, in rule 13, the following proviso ..... rule 8 of the kerala civil services (classification, control and appeal) rules enacts that the subordinate services shall consist of those ..... state of maharashtra, air 1977 ..... ; nor as to whether the proviso to section 115(7) of the states reorganisation act was violated; nor of the warnings contained in exhibits p-5, p-10 and p-12. ..... by the advocate general and the jurisprudential concept of a 'law' as distinct from an executive order, were explained with reference to the recent decision of a full bench of the bombay high court in chandrakant v. ..... government noticed that the introduction of the new test will alter the conditions of service, of all allotted officers to their disadvantage and attracted the proviso to section 115(7) of the states reorganisation act, and the principles adopted by the govt. ..... the issue of the unified kerala special rules (statutory), the madras special rules will apply only to those allotted to kerala from the madras government service consequent on the reorganisation of states on 1-11-1956 p. .....

Dr. T.M. Paul Vs. City Hospital (Pvt.) Ltd. and ors.

Court : Kerala

Reported in : [1999]97CompCas216(Ker)

..... to the interests of the company ; or(b) that a material change (not being a change brought about by, or in the interests of, any creditors including debenture-holders, or any class of shareholders of the company) has taken place in the management or control of the company, whether by an alteration in its board of directors, or manager or in the ownership of the company's shares, or if it has no share capital, in its membership, or in any other manner whatsoever and that by reason of ..... if, on any application under sub-section (1) the company law board is of opinion that the affairs of the company are being conducted as aforesaid or that by reason of any material change as aforesaid in the management or control of the company, it is likely that the affairs of the company will be conducted as aforesaid the company law board may, with a view to bringing to an end or preventing the matters complained of or apprehended, ..... legal position even before the companies act of 1956 as noticed in the decision reported ..... the learned judge placed reliance on the decision of the calcutta high court noted above, and held that under section 10 of the companies act essentially, it is the jurisdiction of the high court to entertain any dispute in respect of the affairs of the company except where the jurisdiction is ..... : 1990(1)bomcr60 , a learned judge of the bombay high court also held that a director could not file a civil suit challenging a letter from the managing director to the effect ..... maharashtra .....

Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6

..... (3) section 20 of the hindu adoptions and maintenance act, 1956, now provides that a hindu father or mother is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and that a legitimate or illegitimate child can claim maintenance from his or her father or mother so ..... section 20 of the hindu adoptions and maintenance act, 1956 now imposes a statutory obligation on the parents to maintain their legitimate or illegitimate children ..... he further submitted that section 23(2) of the hinduadoptions and maintenance act, 1956 provides a good measure of guidance to thecourts. ..... the remedy is available to everyone, an infant or adult, irrespective of the race or religion, still further, even when the parents are fighting, sections 41 to 44 of the indian divorce act, 1869, clearly regulate the exercise of jurisdiction by the court regarding the custody and care of the children. ..... where he cannot sue for partition, without the consent of certain coparceners, as in bombay, he is entitled to maintenance out of the joint family property. ..... it has to be remembered in this case that the father was adjudged a lunatic by a court that his estate was under the control of the court and that the father being under a moral obligation to maintain his infant children, the court enforced that moral obligation by paying to them out of the funds under its control their maintenance.mr. ..... according to julius stone, law is a compilation of 'social rules' or 'means of social control'. .....

Mattoor Chits and Finance (P.) Ltd. (In Liquidation) Vs. Mrs. Mary Bab ...

Court : Kerala

Reported in : [1998]94CompCas595(Ker)

..... [1970] 40 comp cas 689, the supreme court has observed as follows (page 714) :'it is thus well established that once a winding-up order is passed the undertaking and the assets of the company pass under the control of the liquidator whose statutory duty is to realise them and to pay, from out of the sale-proceeds, its creditors. ..... a division bench of this court in bombay cotton (p. ..... (bombay) p. .....

K.P. Antony Vs. Thandiyode Plantations P. Ltd. and ors.

Court : Kerala

Reported in : [1987]62CompCas553(Ker)

..... of shares, transferring one-third of their rights in the shares of the first respondent company standing in their names, and deliver it to the first respondent company as required under section 108 of the companies act and the first respondent company is directed to rectify its share register by including the name of the appellant in its share register along with the names of respondents nos. ..... joseph michael [1978] 48 comp cas 368, a division bench of this court held that the power of court under section 155 of the companies act is untrammelled by section 111 of that act and that it is open to the transferee to seek relief either under section 111 by an appeal to the central government or under section 155 ..... it may be noticed that the present section omits the first part of the proviso contained in section 38 of the indian companies act, 1913, to the effect that the 'court may direct any issue to be tried in which any question of law may be raised' and refers in sub-section (4) only to ' the court on the application or on ..... ltd, [1965] 35 comp cas 651 ; [1965] 1 comp lj 151, were decided under the indian companies act, 1913, and as such did not specifically consider the provisions in the 1956 act. ..... be observed that that was a case of refusal to register transfer of shares of a private limited company, in the articles of association of which, there were specific provisions controlling the transfer of shares. ..... some of the earlier bombay decisions were rendered under rules framed by .....

Ravikrishna Weaving Mills (Private), Ltd. Vs. State of Kerala and Two ...

Court : Kerala

Reported in : (1959)IILLJ760Ker

..... 252 as follows :-for the reasons given above, we hold, contrary to the view expressed by the bombay high court, that retrenchment as defined in section 2(oo) and as used in section 25f has no wider meaning than the ordinary, accepted connotation of the word; it means the discharge of surplus labour or staff by the ..... or accumulation of undisposed of stocks shall not be deemed to have been closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub-section. ..... (2), be entitled to notice and compensation in accordance with the provisions of section 25f as if the workmen had been retrenched :provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workmen under 01. ..... explanation to sub-section (1) of section 25fff, to the effect that closing down for merely financial difficulties or accumulation of undisposed of stocks shall not be deemed to be closing down on account of unavoidable circumstances beyond the control of the employer, within the meaning of the proviso.42. ..... that section 1 of the amending act 18 of 1957 specifically provides that section 3 under which section 25fff is also incorporated, is to be deemed to have come into force on 28 day of november 1956. ..... amount of compensation in cases where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer. .....

Arthur Import and Export Co. Vs. Collector of Customs, CochIn and ors.

Court : Kerala

Reported in : AIR1958Ker357

..... treated as final and the reports of their own surveyors and insurance agents must have been given equal weight: so far as we could see, they have not challenged the act of the 1st respondent as such in sending the samples to bombay for the purpose of getting an expert opinion.it may be that they have not given their consent in writing, but all the circumstances and materials placed in this case clearly ..... docs not in any way recognise the powers of this court to interfere under such circumstances,in fact, according to the learned government pleader, the reasoning of their lordships of the supreme court in 1956 scj 323: ( (s) air 1956 sc 246) (c), is that when an order has merged in the orders passed by outside authority even the first order cannot be interfered with by this court. ..... -cochin high court directing the issue of a writ of prohibition against the income tax officer on special duty residing within its jurisdiction was confirmed by their lordships of the supreme court in 1956 scj 323; ( (s) air 1956 sc 246) (c).it is seen from their lordships' judgment at page 327 (of scj): (at p. ..... the government of india, by its order dated 8-3-1956 also refected the revision on the ground that there is no reason to interfere with the order passed by the collector of customs ..... , has if i may say so with respect, very exhaustively considered the position with special reference to the decisions of their lordships or the supreme court in 1956 scj 323: ((s) air 1956 sc 246) (c) referred to above. .....

Suseela Sadanandan Vs. Additional Income-tax Officer, Kozhikode, and A ...

Court : Kerala

Reported in : [1963]47ITR318(Ker)

..... . we thought it better to advert to this aspect also, because there was a slight dissent expressed by this court with the bombay view, which found favour with the supreme court.all the above decisions, in our view, clearly show that the notice to be issued under section 34 of the income-tax act must be a proper notice and one in accordance with law and, if the notice is defective in any particular respect, the proceedings taken by way of ..... but nothing useful in favour of the assessees appears to have come out of the appeals, because, ultimately, the appellate assistant commissioner, by his order dated september 19, 1956, confirmed the orders of reassessment passed by the income-tax officer.there were again appeals taken by the same party against the orders of the appellate assistant commissioner of the income-tax appellate tribunal, madras 'a' ..... the second notice that was received on the same date was under section 36 of the same act, proclaiming most of the properties for sale to be held on december 8, 1956, if the amount demanded under the notice issued under section 27 was not paid on or before december 7, 1956.when these notices were received by the petitioner, the latter appears to have started to make enquiries regarding the circumstances under which the demand is sought to be made and finally .....

Raman Gopi and Another Vs. Kunju Raman Uthaman

Court : Kerala

..... bhatia case was applicable with reference to section 31 of the karnataka rent control act and, therefore, in view of that decision the high courts decision was upset in another matter where the high court had followed the padmanabha rao ..... the legal position, which therefore emerges on a discussion and analysis of the principles stated in various decisions of the apex court and other high courts including this court, so as to act as guidance to the high courts and subordinate courts, when faced with a conflicting decisions, are summarized below:- (i) in case of conflicting views taken in the decisions of two benches of equal strength of the apex ..... of the apex court in ratansinghs case (2001 (1) klt 327) was overruled after finding that the various decisions of the apex court in mela ram and sons case (1956 scr 166) and sheodan singhs case (air 1966 sc 1332) were not brought to the notice of the bench. ..... dikkaya muttaya pujari (air 1980 bombay 341), a division bench of the bombay high court was dealing with a similar question ..... state of maharashtra and others (2011 (1) scc 694) also, the very same principles were reiterated in the light of raghubir singhs case (1989 (2) scc 754) and other subsequent decisions and in paragraphs 149 ..... state of maharashtra and another ((2005) 2 scc 673) and subhash chandra ..... state of maharashtra and another ((2005) 2 ..... state of maharashtra and others (2010 (12) scale 691) and ..... state of maharashtra and another ((2005) 2 scc 673) and union of india .....