Court : Kerala
Reported in : AIR1998Ker99
..... contractor doing engineering construction works entered into a contract with the first respondent for the work of 'ascl project-site levelling construction of roads, drains, temporary security offices etc.' under work order no. 66113 dated 7-12-1985. due to the breach of the terms of contract committed by the first respondent on various ..... that the petitioner had committed breach of contract causing delay in the performance of contract and hence it suffered damage. it is further pleaded that respondent was forced to invoke the bank guarantee as envisaged in the terms of agreement and that the arbitrator was within his powers to award liquidated damages. after the ..... bad proprio vigore. evidence does not confer jurisdiction but legal authority does. in the case of an award it is the terms of reference under the act that confer jurisdiction. that necessarily means each sentence in the reference order requires to be examined with utmost care and caution, for it concerns the jurisdiction. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... , cart-stand or slaughter house or of rents for shops has been farmed out or leased by a municipal council, municipal corporation, township committee or panchayat.the act came into force with effect from 1-4-1965. at that time the word 'tenant' was defined in the following manner:'tenant' means any person by whom or on whose ..... where the words of a statute are absolutely clear and unambiguous, recourse cannot be had to the principles of interpretation other than the literal rule, vide swedish match ab v. securities and exchange board india : air2004sc4219 . as held in prakash nath khanna v. c.i.t. : 2004crilj3362 , the language employed in a statute is the determinative factor of ..... view in narayanan's case that protection is not given to the tenants who are in continuous occupation for a period of 25 years or more after the act came into force is indicative to suggest a different meaning to section 11(17), cannot be stated to be a logical conclusion. the purpose of the provision is not to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker25
..... , placed on special duty to make a more detailed investigation into the uffairs of the devaswoms and to formulate proposals which would enable the government to secure a more efficient management and control. thereafter the government appointed a mixed committee of hindus and non-hindus to consider and report upon the exact character of ..... the state should assume control over them and therefore the government assumed the management of those temples with their properties moveables and immovables. with a view to secure better efficiency in the management and control of the devaswoms, m/s. chempakuraman pillai and n. rajarum rao were deputed in july 1905 to investigate the ..... ruler not by way of confiscation but as a trustee for efficient management and administration of the temple. when the travancore-cochin hindu religious institutions act, 15 of 1950 came into force on 16th april, 1950 the board was to consist of three hindu members, one of whom shall be nominated by the ruler of travancore .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker172
..... for the time being, shall be the karanavans (chiefs) of four distinct families, may be supposed to have established this species of corporation with the object of securing the due performance of the worship and the due administration of the property of the temple by the instrumentality of a class of persons whom he has selected on grounds ..... the ooralans, the expenditure of the temples were being met.65. the agricultural lands held by these temples were mostly outstanding on tenancy.the kerala land reforms act, act 1 of 1964 which came into force on 1-4-1964 conferred fixity of tenure on the tenants and enabled the tenants to pay the fair rent as defined by that ..... the central government, any order directing -- (i) that any reserved forest (within the meaning of the expression 'reserved forest' in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved;(ii) that any forest land or any portion thereof may be used for any non-forest purpose. .....
Tag this Judgment!Court : Kerala
Reported in : 1986CriLJ60
..... high court. the imputations have been made recklessly without justification. the readers of the article gain a feeling that there is a 'favoured few' among the advocates who secure any order, and it is a scandalous attack on the integrity and fairness of the judges of this court. the article 'as a whole is scandalous' and is ..... affirmative. the appeal was against the suspension which was a preliminary to contemplated disciplinary action. what was that action about? against the appellant in his judicial capacity, for acts of judicial misconduct. the control was, therefore, judicial and hence the unbridled attack on the high court for the step was punishable as contempt. (para 81)in rachapudi ..... filed by the respondent dated 1-1-1985 and 7-4-1985 will show that the contention in this regard is without force. before us, no prejudice in the matter was alleged either. we see no force in this contention.12. bearing the general principles, mentioned in paras 9 and 10 herein above in mind, we shall .....
Tag this Judgment!Court : Kerala
Reported in : (1979)ILLJ176Ker
..... . he pointed out that if the activity can be described as an industry with reference to the occupation of employers, the ambit of the industry under the force of the second part, takes in the different kinds of activity of the employers mentioned in the second part. in other words, before the work engaged it ..... or railways will not in any manner entrench on the field occupied by the industrial disputes act which is a special legislation dealing with settlement of industrial disputes. we have to take into account that by the act, means are secured by which labour practices which are regarded as unfair are frustrated and the policy of collective bargaining ..... more to ameliorate the conditions of service of the labour in organised activities than to anything else. the act was not intended to reach the personal services which do not depend upon the employment of a labour force.the court proceeded to carve out the negative factors which, notwithstanding the literal width of the language of .....
Tag this Judgment!Court : Kerala
Reported in : [1990]69CompCas320(Ker)
..... article 31a of the constitution does not preclude challenge against executive action under a law providing for amalgamation of two or more corporations in public interest or to secure proper management of any of the corporations'.21. the inclusion of the names of the petitioners in the schedule is not something which followed after the scheme was ..... during the period of moratorium that it is necessary (a) in the public interest, or (b) in the interests of the depositors, or (c) in order to secure the proper management of the banking company, or (d) in the interests of the banking system in the country as a whole. the authority of the reserve bank, ..... so choose. thereafter, sanction is accorded to the scheme. the scheme becomes law and overrides even the other provisions of the banking regulation act itself and any other law for the time being in force and all agreements, awards, instruments, etc, 30. the entrustment of the function of amalgamation of a banking company to the reserve bank is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1997Ker291
..... insurrection, riot, turbulence, or crimes of violence. the expression public order includes absence of all acts which are a danger to the security of the state and also acts which are comprehended by the expression 'ordre publique' explained above but not acts which disturb only the serenity of others.'after referring to the decision in dr. ram manohar lohia ..... original petition. the counter-affidavit filed by the state itself' has revealed that more often than not the call for a bundh is accompanied by violence and forceful prevention of persons from attending to their avocations. moreover, a bundh involves the stopping of all transport systems in the state preventing the common man from even ..... when a bundh is called, hut this court can only go by the call for the bundh itself which docs not involve the call for violence or forceful prevention of people from going about their avocation. we do not think that we would be justified in adopting such an ostrich like policy. we cannot ignore .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker191; 2003(1)KLT940
..... a1 i.e. by filing the e.p. that the plaintiffs thought of resisting the same and that the filing of the suit was an act of desperation when they were forced against the wall.9. when the report of the expert is considered in the aforesaid background, what can be seen is that there was every possibility ..... legal proceedings are treated as being indispensable for giving the court jurisdiction. but if it appears that the statutory conditions were inserted by the legislature simply for the security or benefit of the parties to the action themselves and that no public interests are involved, such condition will not be considered as indispensable and either party ..... v. the custodian (air 1997 sc 1952) a three judge bench of the apex court laid down the proposition that if pursuant to an agreementto do an illegal act, a transaction, in part takes place which would otherwise be valid if there was no such prior agreement, then, notwithstanding the illegality of the contract, the completed transaction .....
Tag this Judgment!Court : Kerala
Reported in : [1977]40STC278(Ker)
..... to claim a right of cross-examination of pappachan as part of the reasonable opportunity to be afforded under section 17(3) of the act.8. counsel for the petitioner argued with some force that he cannot be blamed for not making a request to cross-examine pappachan, as, at the relevant time, the two ruling decisions ..... of the appellant or should be allowed to be cross-examined by them on the statements made before the customs authorities. accordingly we hold that there is no force in the third contention of the appellant.the pronouncement is as categoric as it is significant (see the comment at pages 910 to 913 of seervai's constitutional ..... an adequate opportunity of explaining it. the statements made by achaldas and poonamchand before the income-tax officer were material on which the income-tax authorities could act provided that the material was disclosed and the assessee had opportunity to render their explanation in that behalf. it was therefore open to the tribunal in appreciating .....
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