Court : Kerala
Reported in : AIR1971Ker98
..... operation, the conferment of such rights on a varamdar although he be a cultivator, cannot be regarded as a measure of agrarian reform. it is as if mining rights were conferred on him. therefore, this provision cannot have the protection of article 31-a and no attempt having been made to justify the deprivation of ..... and (b) any other intoxicating substance which the provincial government may, by notification in the official gazette, declare to be liquor for the purposes of this act'. the act was attacked in its entirety as violalive of the rights protected by article 19(1)(f); but the court held that the impugned provisions were unreasonable and ..... permanent occupancy in his kudikidappu and provided that it is only in specified cases that he can be evicted. the kerala agrarian relations act, act iv of 1961, and the kerala land reforms act, 1963, act i of 1964, conferred right of permanent occupancy on kudikidappukars as a part of agrarian reform. in many cases kudikidappukars were permitted .....
Tag this Judgment!Court : Kerala
Reported in : (1976)ILLJ114Ker
..... [1966]1scr466 . that was a case of exercise of power by the central government in revision against the orders of the state government in proceedings under the mines and minerals (regulation and development) act, 1957 and the mineral concession rules 1960. dealing with the question, subba rao j, as he then was, said thus:as regards the second contention, ..... (india) ltd., which is a public sector under-taking, had applied for the lease of the area in question on october 5, 1962, for the purpose of mining. the appellant did not allege in its affidavit that this fact was not brought to its notice before the central government made the order; indeed, it did not file ..... of minimum wages that could be fixed, minimum time rate, minimum piece rate, guaranteed time rate and overtime rate. section 2(a) which was incorporated in the act by act 31 of 1961 provides that when, in respect of an industrial dispute relating to rates of wages payable to any of the employees employed in a scheduled employment, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker156
..... by the agent of the colliery to the appellant was also sufficient evidence of such notice having been given within the meaning of section 6 of the coal mines regulation act, 1896.' it is thus evident that a statutory order had been printed by the queen's printer. such publication of the order by the queen's ..... by bailhache, j. the question which arose in jone's case was whether the coal mines order which contained a prohibition on the use of detonators in mines in the contingencies mentioned therein, satisfied the requirement of section 6 of the coal mines regulation act, 1896 which enabled the secretary of state to make such an order. the relevant ..... pursuance of sub-section (11) of section 63 of the motor' vehicles act, 1939 (central act iv of 1939) shall be paid by crossed demand drafts drawn in favour of the secretary, state transport authority, kerala, trivandrum and payable at tri-vandrum from any one of the nationalised banks. rule. 10. exemption from tax (section 5 (1)) : ( .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker86
..... of transferred employees for the purpose of effectuating the transfer and integration of employees and standardisation of theconditions of their services.13. a similar provision of the general insurance business (nationalisation) act, 57 of 1972, was considered by the supreme court in the decision reported in ajay kumar banerjee v. union of india air 1984 sc 1130 : 1984 lab ic 691. section ..... fresh scheme was framed and notified on 30th september, 1980 in purported exercise of the power of the central government under section 16(1)(g) of the general insurance business (nationalisation) act. that scheme was challenged as beyond the competence of the central government, since the merger of the insurance companies into four companies in aid of which alone schemes could be .....
Tag this Judgment!Court : Kerala
Reported in : [1986]159ITR431(Ker)
..... mining co. : [1968]67itr292(cal) , had to consider was (at p. 295):' whether, on the facts and in the circumstances of the case ..... to concur in the reasoning or the conclusion of the calcutta high court in commissioner of income-tax v. west bengal mining co. : [1968]67itr292(cal) , in which it was held that the two cesses being related to profits would attract section 10(4) of the act.' (emphasis supplied)54. the question the calcutta high court, in cit v. west bengal ..... and in view of section 10(4) of the indian income-tax act, 1922, the sum of rs. 11,906 paid on account of road .....
Tag this Judgment!Court : Kerala
Reported in : AIR1987Ker184
..... and brought to justice. but when no offence is disclosed there is no question of proceeding against anybody as an accused. taking cognizance of an offence is a judicial act to be performed by due application of the judicial mind. in a case where the offence is exclusively triable by the court of session the responsibility is still greater ..... section 202. but on going through that decision we were not able to find anything which supports that argument.9. it was a case under the prevention of corruption act before the special judge who is competent to take cognizance even on a complaint without the case being committed to him as provided in section 193. the relevant passage ..... lordships held that the special judge is a court of original jurisdiction, just like a magistrate which can take cognizance in the manner referred to in section 190 and act under sections 200, 202, 203 and 204. it was in such a situation that the law was laid down that after complying with the provisions of section 200 .....
Tag this Judgment!Court : Kerala
Reported in : 1988CriLJ816
..... kuer v. sheo prasad singh : [1965]3scr655 . since the assumption of possession by the district magistrate was on his own, under section 27 of the act, he was by himself (without any order from any other authority or court) competent to restore possession of the building and the premises to the person entitled, ..... ) and for a decree of permanent injunction restraining the defendants from interfering with the plaintiffs possession and peaceful enjoyment of the plaint schedule property or from doing any acts of violence or trespass 'in or into the property'. the defendants impleaded were t.h. mustaffa (the petitioner), p.d. joseph, kalapurackal rajan, garvasis, ..... became inevitiable early in 1978, the district magistrate apprehended grave disturbance of the peace, which led to his invoking the provisions of section 27 of the act. accordingly, an order was passed on january 3, 1978 temporarily taking possession of the building chaithanya. this order was initially for a period of three weeks .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)
..... 123 that there is 'distribution' within the meaning of article 39(b) when the legislative measure is one of nationalisation, and that such a law is eligiblefor, and entitled to the protection under article 31c. the act is therefore saved from any challenge under article 14 and 19 under artilce 31c of the constitution. we are ..... the contention of the petitioners is that by virtue of the declaration made by the parliament in section 2 of the industries regulation act and section 2 of the mines and minerals regulation act, the entire field relating to the industry in question is occupied by these parliamentary legislations under entries 52 and 54 of the ..... which is essential to the needs of the economy of the state, and for matters connected therewith or incidental thereto. preamble.-- whereas the super clays and minerals mining company (private) limited has at present the ownership of, and control over, a significant portion of the china clay produced in the state and marketed and distributed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker56
..... into muhammad anism. the division of tarwad properties can therefore be only in accordance with the marumakkathayam law as it stood before the madras marumakkathayam act and the aliyasanthana act which were made applicable to the malabar and south kanara district of the erstwhile madras presidency.27. now regarding the division of properties. according to ..... entitled to get a share like any other member. it necessarily follows that the division can only be on a per capita basis. before the madras marumakkathayam act partition could be effected only by all the adult members joining together. a natural group, meaning thereby a mother and all her children and the descendants in ..... per capita basis. this he cannot do, in the absence of any legislation conferring such a right. that there was no such right before the madras marumakkathayam act is clear beyond doubt. a division then could be effected only between tavazhies. a natural group alone can get itself separated from the tarwad. in other .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... observations were made, which could only be treated as obiter, that judgment itself shows that what came up for consideration therein was only whether the coking coal mines (nationalisation) act, enacted under article 39(b), was immune under article 31c from attack on ground of violation of articles 14 or 19,7. a division bench of ..... in that case was only the correctness of a division bench decision in bharat coking coal ltd. v. p.k. agarwala 1979(3) scc 609 holding that term 'coking coal mine' does not include a coke oven plant and whether the act challenged therein was saved by article 39(b) or not. according to them, even ..... k.k. venugopal, on behalf of some of the petitioners, that there are many social welfare legislations like factories act, plantation labour act, shops and commercial establishments act, e.s.i. act, maternity benefits act, workmen's compensation act, etc. looking after the welfare of workers and providing for their health, recuperation and physical and mental well-being .....
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