Judgment Search Results Home > Cases Phrase: bombay reorganisation act 1960 section 76 temporary provisions as to continuance of certain existing road transport permits Court: kerala Page 1 of about 2 results (0.060 seconds)

Workmen of Blundell Eomite Paints Ltd. Vs. Blundell Eomite Paints Ltd. ...

Court : Kerala

Reported in : (1971)IILLJ265Ker

..... on this basis the union took the plea that the retrenchment was in violation of the provisions of section 25g of the industrial disputes act, 1947 since persons with lesser length of service were allegedly being retained by the management in other offices and there had also been recruitment of fresh hands in some of those ..... the evidence adduced on the side of the workmen there is not even any suggestion that the transfers of these salesmen were effected after the reorganisation was decided on and that it was with a view to save them from retrenchment; nor was any such specific suggestion put to m.w ..... it is also contended on behalf of the workmen that the management's plea that the retrenchment became necessary because of the reorganisation of the sale set up and the conversion of the cochin divisional office into a depot could not stand since these workmen could have been transferred by the management to any other office of the ..... retrenched from service with effect from 1-1-1967 on the ground that the divisional office at ernakulam (cochin) had been reduced to a depot pursuant to a reorganisation of the company's business for the purposes of economy and that in consequence, their services had been rendered redundant. ..... to the witness, the reorganisation had been effected as a measure of economy and besides the conversion of the three divisional offices into depots the company asked some of its senior officers to retire and also reduced the number of cars in bombay. ..... sirajuddin 1960--i .....

Financial Service Executives Welfare Association Vs. Life Insurance Co ...

Court : Kerala

..... the said case had occasion to consider the definition of 'law' as given in section 2(d) of the bombay reorganisation act, 1960. ..... the above full bench case the court considered the claim of daily wage drivers/conductors appointed in the kerala state road transport corporation, who were subsequently absorbed in the regular employment of the corporation on the advice made by the kerala public ..... and functions, which are performed by the members of fses cannot be treated differently and permitting the members of fses to continue as the contractual employees and refusal by the corporation in absorbing them is arbitrary and ..... the statutory provision thus, indicate that persons engaged on temporary basis cannot claim any absorption ..... section 49(2)(b) and (bb) as it existed at the time of the scheme, 2007 was to the following effect: "(b) the method of recruitment of employees and agents of the corporation and the terms and conditions of service of such employees or agents; (bb) the terms and conditions of service of persons who have become employees of the corporation under sub- section (1) of section 11:" section 49(2)(b) has been substituted in the life insurance corporation act, 1956 by act 8 of 2012 in the following manner: "49.power to make regulations.- ..... terms of selection mentions "contractual appointment for a period of 3 years as a financial services executive - renewable at the sole discretion of the corporation subject to certain terms and conditions for another 2 years only".21. .....

Vellappan Vs. Peter Thomas

Court : Kerala

Reported in : AIR1979Ker194

..... mysore high court observed:'it is well settled that where the right claimed is not purely a creature of a statute but is a common law right and the statute entrusting the special tribunal with certain dispute relating to the right does not expressly oust the jurisdiction of the civil court wholly and the language of the statute does not in unmistakable terms make out that the right must only ..... sections 85 and 85a of the bombay act, which originally governed the case (before the reorganisation of the states) made it obligatory on the part of a civil court to refer questions ..... of such reference from the civil court the competent authority shall deal with and decide such issues in accordance with the provisions of this act and shall communicate its decision to the civil court and such court shall thereupon dispose of the suit in accordance with ..... london 'express' newspaper (1919 ac 368) stated the law thus : 'where a liability not existing at common law is created by a statute which at the same time gives a special and particular remedy for enforcing it with respect to that class it has always been held that ..... and though the maxim is stringent that no man shall be permitted to aver against a record, yet when fraud can be shown, this maxim does not apply, nor in the case of collusion, when a decree is passed between parties who were ..... person claiming to be a proprietor, because the act does not envisage a proprietor as such continuing to have rights after the commencement of the act. ..... 1960 .....

Umadbhai Chaturbhai Patel and ors. Vs. Goswamini Shrimati Ratnaprabha

Court : Kerala

Reported in : AIR1983Ker238

..... the properties which are trust properties will continue to remain as such so long as the trust exists or until the properties are validly alienated after compliance with the requirements ..... it was a suit filed by the judgment-debtor vallabhlalji for a declaration that the proceedings initiated by the commissioners under the madras hindu religious endowments act, 1927 for the levy of contribution under the act from the properties attached to the mandir at calicut were without jurisdiction and for an injunction restraining the commissioners from proceeding with an enquiry into the question as to whether the mandir in question is a public ..... to the testator himself, the right to enjoy the properties during his lifetime without being questioned and detailed provisions in the will, are made for the management and administration of the properties after the death of the ..... court under the provisions of section 14 of the limitation act, 1963. ..... 1943, on the original side of the bombay high court filed by the trustees under the scheme to set aside certain mortgages executed by the judgment-debtor vallabhlalji. ..... patent appeal filed in the madras high court was transferred to this court after reorganisation of states). ..... 14-11-1960 is the order registering the ahmedabad properties as a public trust under the act ..... application dated 26-5-1960 for the registration of the ahmedabad properties under the bombay public trust act and ext. ..... in this case is an affidavit dated 10-11-1960 filed by p. w. 4 in o.s. .....

Indian Oil Corporation Limited Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2009Ker114; 2009(2)KLJ144

..... a purely temporary provision which because of compelling forces justified differential treatment when the reorganisation act was enacted cannot obviously be permitted to assume permanency, so as to perpetuate that treatment without a rational basis to support it after the initial expediency and necessity ..... their grievance is confined to the fixation of 15% interest under the provisions of section 28 and 34 of the land acquisition act at a time when the interest rates prevalent were higher than what ..... it is clear and it has been judicially settled also that one of the reasons for introduction of provisions like section 23(1-a) and the proviso to section 28 increasing the rates of interest payable on the determined compensation was to accelerate the land acquisition proceedings and to ensure that the owner who is deprived of his property even against ..... the supreme court has in malpe vishwanath acharya's case (supra) while dealing with the constitutionality of certain provisions of bombay rents, hotel and lodging house rates control act, 1947 dealing with determination and fixation of standard rent has inter alia held that law has to be examined from the perspective of article 14 to ascertain whether with the passage ..... strongly defend the continuance of sections 28 and 34 in land acquisition act, 1894 in their ..... in the changed scenario continuance of sections 28 and 34 providing for exorbitant rate of 15% on the compensation determined by the land acquisition officer and by the land .....

Haji K.K. Moidu and ors. Vs. Food Inspector

Court : Kerala

Reported in : 1962CriLJ647

..... so that the notification of the government of madras dated 20th june, 1956, shall continue to extend or apply to the erstwhile malabar district even after the formation, of the kerala state if the notification fact within 'the term 'law' appearing in section 119 of the state, reorganisation act. ..... 1st november, 1956, is holding or discharging the duties of any pos' or office in connection with the affairs of an existing state in any area, which on that day falls within another new part-a state, shall continue to hold the same post or office in the other new part-a state, in which such area is included on that day and shall be deemed as from that day to have been duly appointed to such post or office by the ..... assistant judge and subsequently before the mysore high court objection was taken to the jurisdiction of the assistant judge to conduct the enquiry.the high court held that the notification issued by the government of bombay under the district municipal act authorising the assistant fudges to conduct enquiries was a notification having the force of law coming within ..... i these circumstances the learned session judge very certainly right in setting aside the conviction and sentence of the 2nd accused at the same time i do not think that there is any sufficient ground for setting aside the conviction and sentence of the 1st accused, .....

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

Court : Kerala

Reported in : AIR1978Ker55; (1978)ILLJ333Ker

..... were executive orders of the government and the statutory madras rule was continued in force by article 372(1) of the constitution, and protected by the proviso to section 115, clause (7) of the states reorganisation act. ..... and p-5 orders; 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, ..... department dated 6-10-1965, the 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. ..... p-11 order, which, after noticing the provision in the madras judicial ministerial service rules that a lower division clerk should be on probation for a period of two years on duty within a continuous period of three years, and that all lower division clerks from madras had completed more than three years on the date of ext. ..... (r-5) dated 7-11-1958 recognising e certain proportion between the upper division and lower division clerks from 1-11-1958 was only a recognition of the recommendations of the pay commission and the application of a well-understood designation to all the posts enumerated in ..... pressed 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. .....

thekkayil Damodaran and ors. Vs. T. Sankaran and ors.

Court : Kerala

Reported in : AIR1985Ker134

..... hence, under this provision, the high court of kerala can exercise in respect of the travancore-cochin portion of the kerala state all the powers and jurisdiction which the former travancore-cochin high court could exercise and in respect of the malabar district, referred to in sub-section (2) of section 5 of the states reorganisation act, 1956, all the powers and jurisdiction which the madras ..... act was in these terms : 'section 52 of the states reorganisation act, 1956, has provided that the high court of a new state shall have, in respect of any part of the territories included in that state, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of that part of the said territories by any high court for existing state ..... , the very language of clause 15 of the letters patent suggested that certain orders not specifically excluded from its first part were capable of being treated as 'judgments' within its scope; the situation arising from the juxtaposition of 'judgment' and 'order' in clause (i) of section 5 of the high court act, and the deliberate omission of 'order' from clause (ii), was not available ..... their lordships had instituted a suit on the original side of the bombay high court and applied for appointment of a receiver and for ..... under section 3 of the kerala debtors' (temporary relief) act, ..... act permitted appeals to a division bench, under section 104 of the code, only from orders .....

Ram Bahadur Thakur Pvt. Ltd. Vs. State of Kerala and anr.

Court : Kerala

Reported in : AIR2001Ker89

..... (0 'private forest' means - (1) in relation to the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956 (central act 37 of 1956 - (i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 1949), applied immediately before the appointed day excluding - (a) lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964). ..... therefore learned counsel for the appellant is right in his contention that the land in question has been exempted as plantation under the kerala land reforms act, as on 1-1-1970 and consequently the said area cannot be treated as private forest under the provisions of the vesting act as on 10-5-1971. ..... explanation :-- for the purposes of this clause, a land shall be deemed to be a waste land notwithstanding the existence thereon of scattered trees or shrubs. ..... they would certainly not be to rests but the statements in the petitions seem to suggest that operations were carried hereon for the express purpose of growing these plants and trees. ..... hospltal mazdoor sabha, air 1960 sc 610 dealing with the definition of 'industry' in the industrial disputes act, 1947 observed : it is obvious that the words used in an inclusive definition denote extension and cannot be treated as restricted in any sense. ..... in state of bombay v. .....

Ponnichi Mariyam Alias P.Mariyumma Vs. The District Collector

Court : Kerala

..... '' here the petitioners were informed by the commissioner, aurangabad division, by his letter dated 18/10/1960 and also by the then secretary of the revenue department in january 1961 that the rules of recruitment to the posts of deputy collector in the reorganised state of bombay had not yet been unified, and that the petitioners continued to be governed by the rules of ex-hyderabad state and the rules of 30/07/1959 had no application to them. ..... petitioner thereafter claims that, on 07/04/1998 he had submitted an application under section 28a(3) of the la act, praying that the matter be referred to sub court, payyannur, w.a.no.1745/2015 2 at the earliest. ..... but, can the respondents be not directed to compensate the petitioners, who were small cultivators holding lands within the ceiling limit in and around delhi, for the injury caused to them, not by the provisions of the act, but because of the non-exercise of the power by the authorities under the act within a reasonable time?" 9. ..... the learned single judge observed that petitioner cannot be permitted to resurrect a stale claim merely by filing an application under the rti act and then challenging the piece of information which he obtained under the rti act. ..... , in (1969 2 scr824= ( air1970sc898: "the party claiming fundamental rights must move the court before other rights come into existence. .....