Court : Kerala
Reported in : [2008(116)FLR908]; 2008(1)KLJ304
..... state of kerala : air2005ker319 , those institutions have become constitutional institutions and their birth and existence are dependent on the mechanism provided for in the constitution itself. ..... p8 kerala state electricity board (appointment of dependents of board employees who die in harness or are permanently disabled and are retiring on invalid pension) regulations, 1985, hereinafter referred to as the 'regulations', a dependent of a person who retires on invalid pension is entitled to be considered for compassionate appointment and the terms of those regulations apply to the corporation and its employees in terms of the provisions of ext. p5 g.o. ..... p7 that there is no provision where a dependent of an invalid pensioner is provided compassionate appointment in government service and that the government do not intend to create a precedent in that regard.5. .....
Tag this Judgment!Court : Kerala
Reported in : I(1992)ACC607; 1992ACJ1034
..... the amount so calculated represents the measure of support or dependency or maintenance, lost to the dependants due to the untimely death of the bread-winner.10. ..... although the assessment of dependency is based on the consideration of the income on the date of the death, it is now judicially accepted that the amount lost to the dependants is related to the probable future earnings which would have been made by the deceased during the 'lost years' [pickett v ..... generally speaking, the compensation claimed by the dependants is by way of provision of the equivalent of dependency on the deceased. ..... while it is difficult to assess dependency based on the salary of 1,200 dollars per month, we consider that this is a fit case in which a certain sum should be awarded under this ..... the proof of the probable amount which can be used to assess the value of dependency is another matter. ..... a distinctly relevant factor in assessing the dependency of the petitioners.13. ..... is the concept of compensation on account of the dependency on the deceased. ..... general damages arising upon death are assessed under certain well-recognised heads, such as pain and suffering, loss of amenities, loss of dependency and so on. ..... , the amount of compensation on account of loss of dependency comes to rs. ..... will make deduction from the value of loss of dependency unnecessary. ..... most cases that come before the courts, the income of the deceased on the date of the death is taken into account for determining the value of the dependency. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT1003
..... kerala education rules and the scheme as applicable in the state of kerala where specific and beneficial reliefs are provided to the minor dependents of government servants and aided school teachers dying in harness.therefore, we hold that the appellant is entitled to the benefit under the ..... bureau of economics and statistics department will be reserved and reported to the general administration (c.e.cell) department for allotment under the scheme to qualified dependents.37.10% vacancies of police constable, excise guard, forest guard and jail warden will be reserved and reported to the general administration (c.e.cell) department for ..... was also held that in the light of the decisions of the supreme court, there cannot be any doubt that right conferred on the dependents of the deceased employee for compassionate appointment is neither absolute nor unlimited and that the said principle has to be read into the executive orders ..... applicant will have the right to withdraw his/her application at any time before the job is accepted, so as to enable another dependent of the family to make his/her application for employment assistance..35.5% vacancies of assistant grade ii including legal assistant grade ii in the secretariat (administrative secretariat), finance secretariat, law secretariat and office ..... single judge allowed the original petition and held that the appellant herein was never a dependent on the deceased teacher and, therefore, the claim of the appellant cannot be considered .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... occupation of a building from 1st april 1940 as a tenant, shall not be liable to be evicted for bona fide occupation of the landlord or of the occupation by any member of his family dependent on him, provided that a landlord of a residential building shall be entitled to evict such a tenant of that building if the landlord has been living in a place outside the city, town ..... occupation of a building from 1st april 1940 as a tenant, shall not be liable to be evicted for bona fide occupation of the landlord or of the occupation by any member of his family dependent on him, provided that a landlord of a residential building shall be entitled to evict such a tenant of that building if the landlord has been living in a place outside the city, town or ..... occupation of a building from 1st april 1940 'as a tenant' shall not be liable to be evicted for bona fide occupation of the landlord or of the occupation by any member of his family dependent on him, provided that a landlord of a residential building shall be entitled to evict such a tenant of that building if the landlord has been living in a place outside the city, town ..... occupation of a building from 1st april, 1940 as a tenant shall not be liable to be evicted for bona fide occupation of the landlord or of the occupation by any member of his family dependent on him, provided that a landlord of a residential building shall be entitled to evict such a tenant of that building if the landlord has been living in a place outside the city, town .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker38
..... having regard to the fact that the decision about the maximum prices in respect of iron and steel would depend on a rational evaluation from time to time of all these varied factors the legislature may well have thought that this problem should be left to be tackled by the delegate with enough freedom, ..... bhupendra kumar bose, air 1962 sc 945: 'what the effect of the expiration of a temporary act would be, must depend upon the nature of the right or obligation resulting from the provisions of the temporary act and upon their character whether the said right and liability ..... the fixation of prices will have to depend on conditions which vary from state to state and the factors which have to be taken into account in fixing the prices will also be varying depending upon the nature of the commodity and the availability of the same and the legislature cannot be expected to ..... of it, which limits it to competitions in which success does not depend to any substantial extent on skill but on chance. ...... ..... to the soil to the one who is stationed far away from the lands and who directs or supervises the cultivation or causes the same to be done by members of his family, dependants or relations, or with his own or hired labour. ..... officer to get a declaration of the stock held by the producer expected to have in possession or control excessive paddy, and procure the entire excess over the just requirements of himself and his dependents, on immediate payment of price in both cases.28. mr. m. t. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker356
..... 75 with reference to the post of the headmaster of a school) the post of the principal is of pivotal importance in the life of a college; around him wheels the tone and temper of the institution; on him depends the continuity of its traditions, the maintenance of discipline and the efficiency of its teaching; and the right to choose the principal is perhaps the most important facet of the right to administer a college. ..... the learned judge also held that excellence of educational standards and exemplary image of the institutions largely depended upon the teachers who are reasonably well provided for, are contended and can look forward to reasonable prospects ..... bench, vividly portrayed the post of the headmaster as of pivotal importance in the life of a school, around whom wheels the tone and temper of the institution and on whom depends the continuity of its traditions, the maintenance of discipline and the efficiency of its teaching. ..... him wheels the tone and temper of the institution; on him depends the continuity of its traditions, the maintenance of discipline and the ..... the excellence of educational standards and the exemplary image of the institution depend upon the teachers, who are well provided for, contented and who can look forward to reasonable ..... in a minority institution knows full well, having regard to the decision in patroni's case, that he does not ordinarily have the right to be posted as headmaster and that it will depend on the selection made by the management. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker215
..... it was further observed:'the measure of the proper award to a widow (who is generally the main dependant and to whom alone i refer, brevitatis causa) is a sum which, prudently invested, would provide her with an annuity equal in amount to the support that she has probably lost through the death of her husband, during ..... it was then observed that the productive life of various categories of fruit bearing trees, as a matter of common knowledge and experience, though subject to variations depending on local conditions, can be estimated, as also the age of a particular tree at the time of its destruction. ..... thereafter, learned judge entered the following finding'in short, for the purpose of capitalisation or for the purpose of determining the return on an annuity the rate to be determined depends upon the current rate of return on a safe and sound investment. ..... it was then observed that the number of years that a dependency would have endured has to be estimated. ..... in estimating the amount of the annual dependency in the future, had the deceased not been killed, money should be treated as retaining its value at the date of the judgment, and in calculating the present value of annual payments which would have been received in ..... 98 on the multiplier was quoted with approval by the supreme court:'the calculation depends on selecting an assumed rate of interest. ..... likelihood of continuing inflation after the date of trial should not affect either the figure for the dependency or the multiplier used. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker68
..... when the expression 'annual value' has been specifically defined in the act in section 2 (a) and when the 'capital value' on which the measure of the tax liability under the statute is made to depend, is to be determined with reference to such 'annual value' of a building, the assessee has a right to expect that before he is subjected to a levy of tax, his liability for such levy will be determined by the ..... of the net annual income will not be unreasonable are distinguishable since the income from agricultural lands is liable to serious fluctuations by reason of its being largely dependent upon various uncertain factors like weather conditions, fluctuations in the market price of agricultural commodities etc. ..... liability to tax under this act is to be calculated by the assessing authority on the basis of the fixation of the annual value of the building made by some extraneous authority by applying different forms of procedure depending upon the nature of the local authority within whose area the building is situate. ..... rate was to be levied on the annual value of the land or building depending upon its letting value and not on the capital value. ..... act 1961 imposed a tax on a uniform basis depending on the floorage or the plinth area of the ..... of the provisions of this very statute different persons are subjected to materially divergent procedures for determination of the vital factor, namely, the annual value on the fixation of which wholly depends the liability to tax under the act. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker158
..... is any other person who is capable of looking after the widowed sister and her children,'the above finding will clearly establish that the dependancy of pw 2 is to the husband of the landlady alone and that too for financial help and not to the landlady in any manner ..... section 11 deals with eviction of tenants and sub-section (3) must therefore be related to cases where the member of the family is dependent upon the landlord for the building whether residential or non-residential, as when although financially independent of the landlord, he might have no building or a building that will answer ..... adduced by the landlady and accepted by the rent controller and the revisional authority is that pw 2 is a dependant of the husband of the landlady for financial assistance as well as for her separate residence and not a dependant of the landlady of the building in any manner even though she is now residing in her husband's house. ..... that--'the need of a widowed daughter and her children must be deemed to be those of her landlord father entitling him to claim possession of a building for their residence as they were depending on him, even though by marriage she had passed out of his family and gone into that of her husband.'17. ..... he also alleged that he is conducting a job typing in the petition schedule house and himself and his family are depending on the income from the job typing work which is being conducted in the petition schedule building and there is no other building available in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker314
..... and this last full bench observed that the constitutional validity of a statute or a provision thereof should not be made to depend upon the individual facts and circumstances disclosed in each case, and if it was allowed to so depend upon the facts and circumstances of each case, the danger to the administration of justice and to the principles of constitutional interpretation arising from the desire of judges to do justice in each individual case would inevitably introduce in such ..... the court also said that even on the assumption that the prize competition as defined in section 2(d) of the act included those in which success depended to a substantial degree on skill as well as those in which it did not so depend, the doctrine of severability can be applied; and laid down certain rules for construction. ..... and the doctrine of severability in application is an extension of this the invalidity of a statute may depend upon the limitation on the powers of the legislature which enacts it: and such limitation may be of two kinds as pointed out by venkatarama ayyar j. in r. m. d. ..... the conferment of fixity of tenure on mortgagees is not necessarily dependent on cultivation of the land but on continuous occupation for fifty years (cultivation perhaps being presumed) or on the construction of a residential house, together with the occupation of the same for twenty years. ..... the result of the cases before us will depend mostly upon the effect of these three decisions. .....
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