Court : Kerala
Reported in : [1990]76STC211(Ker)
..... it means, the assessing authority can conduct an enquiry to find out whether the particulars in the declaration furnished are correct, or dependable, or in accord with facts or accurate or genuine. ..... it depends upon the facts and circumstances of each case. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT867
..... rule 51b being part of conditions of service of aided school teachers only and not that of the teachers in higher secondary school and ext.r2(a) being only extension of the scheme to a dependent of the members of staff of higher secondary school which the writ petitioner is not, necessarily, she cannot claim the post of lab assistant which is admittedly available in the higher secondary section ..... well footed to contend that the vacancies arising in higher secondary section cannot be claimed by candidates seeking employment assistance under the scheme made applicable as per rule 51b chapter xiv-a ker viz dependents of those who died in harness while working in high school section or up school section (secondary section) of the aided school.12. ..... unless similar provision as contained in rule51b is incorporated in chapter xxxii, it may not be possible to contend that the benefits of employment assistance available to the dependents of aided high school and primary school teachers shall be extended to the vacancies available in higher secondary section.10. ..... of the writ appellants is that ext.r2 (c) government order only makes applicable the scheme for employment assistance to the dependents of those who meet with the ultimate illfortune while working in higher secondary section. ..... chapter xiv-a ker governing the conditions of service of aided school teachers provided for employment assistance to the dependent of teachers dying in harness in tune with scheme vogue in government service.3. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ497
..... second proviso to section 11(3) of the act reads as follows:provided further that the rent control court shall not give any direction to a tenant to put the landlord in possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building availability in the locality for such persons to carry on such trade ..... speak about the bonafide need pleaded and in the absence of anything in the counter statement filed by the tenants, specifically denying the averment in the rent control petition that he is depending on the landlords for getting the room vacant for doing the business, we are of the view that the argument raised by the learned counsel for the petitioners that there should have been ..... manifest that the dispute between the parties pertained to the first limb regarding tenant depending for his livelihood mainly upon the income derived from the business carried in the building ..... sreedevi varassiar : 2003(2)klt230 as follows:the onus lies on the tenant to prove that he was dependent on the income derived from the business being carried on from the demised premises and that there was no other suitable building to which ..... there is a catena of decisions holding the view that the tenant will have to prove that he is depending for his livelihood mainly on the income derived from his trade or business and that there is no other suitable building available in the locality to carry .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT664
..... the decision making body is the members, and exclusively depending on the voting pattern, the result has to be understood. ..... a no confidence motion is carried or defeated depending on the votes polled for or against the motion. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker155
..... the learned judge accepted the contention that she could also be treated as a member of the family, but there must be pleadings and proof that she was a dependent, on the landlady and not on her husband. ..... the learned judge concluded that the landlady's case must fail for want of necessary pleadings regarding the dependency of her daughter on her for accommodation.6. ..... district judge (1994) i kbr lt 102 ; (air 1994 kerala 158) and contended that dependency must be pleaded and proved. ..... it is true that she had not staled in so many words that the daughter was dependent on her for accommodation. ..... after thus slating the legal position correctly, the learned appellate judge proceeded to 'cautiously scan' the petition and concluded that there was no whisper of a contention that the daughter of the landlady was dependent on her for accommodation. ..... it is trite law that dependency need not be financial, it is enough if in the given circumstances it would seasonable to expect the daughter to look up to her mother for accommodation'. ..... while considering the argument advanced on either side, the learned appellate judge has observed as follows : 'it is crucial that the landlady must establish that her daughter fazida was dependent on her for accommodation. ..... dependency need not be financial. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT712
..... weightage to be given to different facets of a candidate as well as the viva voce test vary from service to service depending upon the requirement of the service itself.in the decision of asok kumar gupta, the supreme court frowned upon the award of 10% marks to institutional preference. ..... it was provided that successful candidates were entitled to addition of 5% marks in the percentage of marks by way of institutional preference in the sense preference depends on the particular medical college from which the concerned candidate has passed final mbbs examination. .....
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT56
..... we are, therefore, of the view that in the absence of any pleading that the married daughter and the son-in-law are dependent on the landlady the appellate court was not justified in allowing the petition of the landlady on the ground that the landlady bona fide required the building for occupation of her married daughter and ..... unless it is pleaded that the married daughter and the son-in law are dependent on the landlady, a petition under section 11(3) of the act cannot succeed on the mere allegation that the building is needed for the occupation of the married daughter and the son ..... perusal of section 111(3) shows that if the landlord is in bona fide need of the building for occupation by any members of the family dependent on him he may apply to the rent control court for eviction of the tenant. ..... apex court examined the language of section 11(3) and the question of dependency and held as follows:'language of section 11(3) of the act is plain and simple and there is no ambiguity in ..... has not raised a contention either before the rent control court or before the appellate authority that the son is not dependent on the landlord and consequently the need is not bona fide. ..... latiff submitted it is bounden duty of the petitioner landlord to plead and prove that the son is a dependent on the landlord for a building for his occupation. ..... 2000) 9 scc 406, and contended that since there is no pleading to the effect that son is dependent on the landlord petition for eviction is not maintainable. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker198
..... in other words, it depends on the scheme of the act as to whether the enactment is a self-continued code providing remedies by way of appeal and revision which is a pointer to the position that the word 'final' has to be given its full effect.36. ..... this would depend on thecircumstances existing at the time when the line was laid and can best be determined by considering whether there would have been any loss on the sale of the land from this cause if the land .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker57
..... sub-section (3) of section 11 enables the landlord to apply for recovery of possession if he bona fide needs the building either for his own occupation or for the occupation by any member of his family, who is a dependent on him whereas section 11 (8) applies to a case where the landlord occupies only a part of the whole building owned by him and he requires additional accommodation for his personal use and therefore seeks the recovery of the ..... apply.in other words, in a case where a landlord, is occupying a portion of the whole building: and his tenant is occupying the other portion if the landlord seeks additional accommodation for the accommodation of another member of his family depending on him and if what he seeks is possession for the independent occupation of such member, it would be governed by sub-section (3) of section 11 and would be decided by the requirements of section 11 (3). ..... personal use in this context would mean use by the landlord or by any member of his family, who is a dependent on him.in this case, petitioner's parents, who are aged are said to be desiring to go over to the petitioner's house in order to stay along with the petitioner. ..... in other words, the bona fides of the claim does not normally depend upon the court being satisfied of the genuineness of the need of additional accommodation. ..... therefore, the question would be whether he wants to accommodate persons dependant on him independently in the, portion sought to be recovered from the tenant. .....
Tag this Judgment!Court : Kerala
Reported in : (1970)IILLJ665Ker
..... he contended that the word 'permitted' which occurs in the rule clearly shows that voluntary retirement is made dependent on the grant of permission by the competent authority and that this necessarily involves the conferment of a discretionary power on that authority either to grant or refuse such permission. ..... 121, the question whether a duty arises in a particular case to give a notice to the party affected does not depend on the authority's satisfaction that the person to be penalised has no defence but has to be decided with reference to the nature of the order proposed to be passed. .....
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