Court : Kerala
..... it is in this context of the full bench decision, that specific amendments were brought into the motor vehicles act, where the exemption in sub-clause (a) of sub-section (3) of section 42 was restricted to ..... illegal the activity undertaken by the government itself, and that (iii) the state cannot have a better claim than a private bus owner and the provisions of the mv act, which discriminate between state and the private owners in respect of carrying on business of motor transport, are void, being contrary to the provisions of article 14. ..... tamil nadu provided for a system of marks under the rules framed wp(c).nos.22693/2013 & - 22 - 28394/2013 under chapter iv of the old act, prescribing various qualifications for applicants for permits and by the very same rule 155-a provided for a weightage of 5 marks in the case of stus. ..... of a wp(c).nos.22693/2013 & - 19 - 28394/2013 learned single judge, which took the view that if the timings do not offend the speed limits as prescribed under the act, then an order approving a set of timings under section 71(2) cannot be challenged by another operator on grounds of prejudice to that other stage carriage operator. ..... a co-operative society which was carrying on operation of stage carriages in different routes, in the state of bombay, aggrieved by the refusal to renew the permits granted to it and the grant of permits to the stu, brought a challenge under article 32 of the constitution of india before the hon' ..... [1990 (1) klt708, wherein .....
Tag this Judgment!Court : Kerala
Reported in : [2000]111TAXMAN376(Ker)
..... coming back to the reference filed by the revenue, it is to be noted that the position of section 249 of the act before amendment and after amendment with effect from 1-4-1989 is as follows :'249(4) no appeal under this chapter shall be admitted unless at the time of filing of the appeal,-(a) where a return has been filed by the assessee, the assessee ..... also in view of the words 'at the time of filing of the appeal' occurring in section 249(4) of the income tax act, the tribunal is right in law in holding that to an appeal filed after 1-4-1989 the provision prior to 1-4-1989 will ..... a question of vital importance has been raised about jurisdiction of the tribunal to rceconsider a question of limitation, while exercising powers under section 250 of the income tax act, 1961 income tax act, we do not think it nececssary to go into that conclusion in detail in view of the position as emerges in connected it reference no. ..... existing right of appeal is not destroyed by an amendment if the amendment is not made retrospective by express words or ..... exist for the purpose of supporting the preexisting right of appeal, that old law must govern the exercise and enforcement of that right of appeal and there can then be no question of the amended provision preventing the exercise of that right. ..... as per the amended provisions, the powers of the commissioner (appeals) and the deputy commissioner (appeals) to condone the lapse of non-payment of admitted ..... state of bombay v. ..... munivenkatarainiah ( 1990) 2 .....
Tag this Judgment!Court : Kerala
..... for renewal of lease is in favour of the tenant who is in possession, can it be presumed that the tenant has validly exercised his option for renewal and performed his part, on mere purchase of stamp papers, when the tenant has not taken steps for specific performance of the agreement for renewal? s.a. ..... .106(3) of the tp act brought in by amendment, a notice under sub-sec ..... (iv) can the defendant raise a plea that the suit is hit by section 53a of the transfer of property act (for short, "the act") , at the time of hearing of appeal, when the defendant has not taken up such a plea either in the suit ..... do with the termination of tenancy as per sec.106 of the tp act after the period of lease as per ext.a3 expired. s.a. ..... (supra) it is held, referring to sec.53a of the tp act that it is a valuable right though not available to a person who ..... govindan sons (1990 (2) klt 551), ..... lease deed after expiry of the period created by ext.a3, tenancy can only be treated as month to month as building was entrusted to the respondent for business purpose and hence by virtue of of section 106 of the tp act, tenancy is terminable by 15 days' notice. ..... :- of the tp act, lease in the absence of a registered lease agreement can only be taken as from month to month, terminable by ..... performance if he has validly exercised the option if the agreement for specific performance of renewal is not barred by limitation on the date of landlord's suit on the equitable principle of part performance recognized by the tp act. .....
Tag this Judgment!Court : Kerala
..... the law in england has prescribed a three years period and the bombay act prescribed a period of four years as a continuous period during which the two elements must subsist. ..... whereas under the english law those essential conditions must continue throughout the course of the three years immediately preceding the institution of the suit for divorce, under the act, the period is four years without specifying that it should immediately precede the commencement of proceedings for divorce. ..... separation of one spouse from the other, with an intention on the part of the deserting spouse of bringing cohabitation permanently to an end without reasonable cause and without the consent of the other spouse; but the physical act of departure by one spouse does not necessarily make that spouse the deserting party". ..... subsequently, it was amended by inserting the prayer for divorce on the ground of desertion. ..... here a difference between the english law and the law as enacted by the bombay legislature may be pointed out. ..... ext.a5 is the f.i.r in crime no.179/1990 of poojappura police station. ..... if in fact, there has been a separation, the essential question always is whether that act could be attributable to an animus deserendi. ..... according to section 10 (ix) of the divorce act, 1989, after solemnization of the marriage, on a petition presented to the district court either by the husband or the wife, be dissolved on the ground that since the solemnization of marriage, the other party has deserted mat. .....
Tag this Judgment!Court : Kerala
..... the scheme has been sanctioned by the central government, intimated their intention of not becoming employees of the transferee bank, shall be entitled to the payment of such compensation, if any, under the provisions of the industrial disputes act, 1947 (14 of 1947) and such pension gratuity, provident fund and other retirement benefits as may be ordinarily admissible under the rules of authorisations of the transferor bank as in force immediately before the close of business on the ..... as all lawyers may not be familiar with administrative law, we may as well explain that "the henry viii clause" is a provision occasionally found in legislation conferring delegated legislative power, giving the delegate the power to amend the delegating act in order to bring that act into full operation or otherwise by order to remove any difficulty, and at times giving power to modify the provisions of other acts also. ..... that such latter trustees shall not be liable for any deficiency in the value of investments, or in respect of any act, neglect or default done before the date of commencement of the scheme." 15. ..... is the meaning and consequence of moratorium under section 45(2) has been considered in detail by a division bench of bombay high court in shiv kumar tulsian v. ..... under section 45 of the banking regulation act, 1949 (for short, the 'act'), the scheme of amalgamation of transferor-bank with the appellant bank, with effect from 20.11.1987 (ext.p8) was ..... union of india (1990(68) com.cases 720 .....
Tag this Judgment!Court : Kerala
..... 34 others (1991) 1 llj46, the apex court reiterated the view that terms of settlement are binding on the workmen and union till it is terminated as provided under the industrial disputes act and even the standing orders under the standing orders act cannot be amended contrary to the terms of settlement. ..... not open to the industrial tribunal to ignore the settlement or even belittle its effect by applying its mind independent of the settlement unless the settlement is found to be contrary to the mandatory provisions of the act or unless it is found that there is non-conformance to the norms by which the settlement could be subjected to limited judicial scrutiny. ..... by the commission for regular recruitment in favour of the petitioner, he could be appointed as reserve driver on 30.5.1989 and he could commence regular service under order dated 7.6.1990 only and he was absorbed in the post of driver grade-ii. ..... he opined that any clarification or amendment in the memorandum of settlement executed between ksrtc and recognized unions could be done only with the consent of all the parties to the agreement and that the clarification issued by ..... manner in which his period from 30.5.1989 till he was appointed on regular service with effect from 21.3.1990 was to be treated with. ..... appointees, who were appointed as assistant professors/lecturers and continued for more than two wp(c).31599/09 & connected cases 79 decades, claimed entitlement of pension under the university pension regulations, 1990. .....
Tag this Judgment!Court : Kerala
..... 34 others (1991) 1 llj46, the apex court reiterated the view that terms of settlement are binding on the workmen and union till it is terminated as provided under the industrial disputes act and even the standing orders under the standing orders act cannot be amended contrary to the terms of settlement. ..... not open to the industrial tribunal to ignore the settlement or even belittle its effect by applying its mind independent of the settlement unless the settlement is found to be contrary to the mandatory provisions of the act or unless it is found that there is non-conformance to the norms by which the settlement could be subjected to limited judicial scrutiny. ..... by the commission for regular recruitment in favour of the petitioner, he could be appointed as reserve driver on 30.5.1989 and he could commence regular service under order dated 7.6.1990 only and he was absorbed in the post of driver grade-ii. ..... he opined that any clarification or amendment in the memorandum of settlement executed between ksrtc and recognized unions could be done only with the consent of all the parties to the agreement and that the clarification issued by ..... manner in which his period from 30.5.1989 till he was appointed on regular service with effect from 21.3.1990 was to be treated with. ..... appointees, who were appointed as assistant professors/lecturers and continued for more than two wp(c).31599/09 & connected cases 79 decades, claimed entitlement of pension under the university pension regulations, 1990. .....
Tag this Judgment!Court : Kerala
..... 34 others (1991) 1 llj46, the apex court reiterated the view that terms of settlement are binding on the workmen and union till it is terminated as provided under the industrial disputes act and even the standing orders under the standing orders act cannot be amended contrary to the terms of settlement. ..... not open to the industrial tribunal to ignore the settlement or even belittle its effect by applying its mind independent of the settlement unless the settlement is found to be contrary to the mandatory provisions of the act or unless it is found that there is non-conformance to the norms by which the settlement could be subjected to limited judicial scrutiny. ..... by the commission for regular recruitment in favour of the petitioner, he could be appointed as reserve driver on 30.5.1989 and he could commence regular service under order dated 7.6.1990 only and he was absorbed in the post of driver grade-ii. ..... he opined that any clarification or amendment in the memorandum of settlement executed between ksrtc and recognized unions could be done only with the consent of all the parties to the agreement and that the clarification issued by ..... manner in which his period from 30.5.1989 till he was appointed on regular service with effect from 21.3.1990 was to be treated with. ..... appointees, who were appointed as assistant professors/lecturers and continued for more than two wp(c).31599/09 & connected cases 79 decades, claimed entitlement of pension under the university pension regulations, 1990. .....
Tag this Judgment!Court : Kerala
..... 34 others (1991) 1 llj46, the apex court reiterated the view that terms of settlement are binding on the workmen and union till it is terminated as provided under the industrial disputes act and even the standing orders under the standing orders act cannot be amended contrary to the terms of settlement. ..... not open to the industrial tribunal to ignore the settlement or even belittle its effect by applying its mind independent of the settlement unless the settlement is found to be contrary to the mandatory provisions of the act or unless it is found that there is non-conformance to the norms by which the settlement could be subjected to limited judicial scrutiny. ..... by the commission for regular recruitment in favour of the petitioner, he could be appointed as reserve driver on 30.5.1989 and he could commence regular service under order dated 7.6.1990 only and he was absorbed in the post of driver grade-ii. ..... he opined that any clarification or amendment in the memorandum of settlement executed between ksrtc and recognized unions could be done only with the consent of all the parties to the agreement and that the clarification issued by ..... manner in which his period from 30.5.1989 till he was appointed on regular service with effect from 21.3.1990 was to be treated with. ..... appointees, who were appointed as assistant professors/lecturers and continued for more than two wp(c).31599/09 & connected cases 79 decades, claimed entitlement of pension under the university pension regulations, 1990. .....
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