Court : Kerala
Reported in : (1992)IILLJ330Ker
..... though some 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 ..... and what came up for consideration 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, ..... 1983-sc-239 (supra). that was the view taken in the decision in bapuji educational association v. state (air) 1986 karnalaka 119 (supra) also. 8. sanjeev coke's case (supra) could not and did not overrule minerva mills case(supra). a constitution bench of five judges cannot overrule another decision of a constitution bench of the .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT65
..... 1983 sc 239:shri ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with the hollowness or the self-condemnatory nature of .....
Tag this Judgment!Court : Kerala
..... ownership of the resources must vest in the community i.e. the state. a legislation such as the coking coal mines (nationalisation) act may be a legislation for the acquisition by the state of coking coal mines and coke oven plants belonging to private parties but it is not a legislation towards securing that the ownership and ..... it means and includes all resources, natural and man-made, public and private-owned.22. in view of the foregoing discussion, we hold that the coking coal mines (nationalisation) act, 1972 is a legislation for giving effect to the policy of the state towards securing the principle specified in article 39(b) of the ..... shri ashoke sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal limited and commented severely on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with .....
Tag this Judgment!Court : Kerala
..... down in paragraph 25:"5. shri ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the w.a. no. 250 of 2011 -:98. :- ultimate analysis, we are not really to concern ourselves .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... being an agricultural 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 the landlord of .....
Tag this Judgment!Court : Kerala
Reported in : (1972)IILLJ509Ker
P. Subramanian Poti, J.1. The petitioner is the II Member of the Board of Revenue of the Kerala State, now under suspension. Justice M. U, Isaac of This Court had been appointed as Commissioner under the Commissions of Inquiry Act, 1952, to enquire into certain matters relating to the acquisition of land for the Kerala Agricultural University. In the light of the facts that came out in the enquiry conducted by Issac, J., Government contemplated disciplinary proceedings against the petitioner Sri K.K. Ramankutty and this was communicated to him by a memo, dated 12-11-1971, the copy of which is Ext. P-2. Six charges were framed against the petitioner and his statement of defence was called for. At that stage the petitioner came to This Court seeking to quash Ext. P-2 memo of charges on the ground that the charges were, on the face of them, unsustainable. This Court felt that it was too premature to say that the charges were unsustainable and, therefore, the petition O.P. No. 5454 of 1971...
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker149
..... a-ll dated 15-6-1951 is a lease to the 31st defendant in respect of 600 acres of private forests. ext. b-36 dated 5-5-1956 is a mining lease to the 32nd defendant, a son of the first defendant. it was agreed before us that in pursuance to ext. b-36. no ..... mining operations were done in the nroncrty comprised therein and that the 32nd defendant is not claiming any rights over the property comprised in ext. b-36. in view of this .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker166; (1978)IILLJ226Ker
Gopalan Nambiyar, C.J. 1. These three writ petitions challenge the action of the Chief Justice of this Court in cancelling a prior order dated 3-7-1971, on the basis of which promotions were effected in a certain category of the High Court staff from 1-7-1968. It was ordered that the cancellation was to be given effect to only from the Chief Justice's decision to cancel, viz. 7-9-1974 and not from 1-7-1968 from which date the cancelled order took effect. This is the grievance of the petitioners. The writ petitions will be dealt with seriatim. The facts will be noticed in detail in O. P. 340 of 1976, and supplemented, if necessary, with the additional facts, where present, in the other two writ petitions,O. P. No. 340 of 1976.2. The petitioner in this writ petition, an Assistant Grade 1 in the High Court Services, was a lower division clerk (or an Assistant Grade II as it was redesignated) prior to 1-7-1968, a material date 'for purposes of all the three writ petitions. Respondents 5 to...
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker68
..... arbitrarily in fixing the multiple for capitalisation at the income at 16 at a time when the rate of interest allowed even by the govt. of india on investments in nationalised banks and national savings certificates etc. was not less than 10%.39. another important point to be noted is that the levy of tax sanctioned under the act is ..... sc 560) is clearly attracted to this case.38. at the time of enactment of the statute in 1974 the prevailing rate of interest on long term deposits in nationalised banks was about 10% and even the interest allowed by the central bank in respect of investments in na-tional savings certificates was 10 1/2% per annum. while ..... behalf of the petitioners that the prescription of the multiple of 16 for capitalisation of the 'annual income' at a time when the prevailing rate of interest allowed by nationalised banks on fixed deposits for five years was about 10% is manifestly arbitrary. the petitioners urge that it is not open to the legislature to lay down such a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker12
Viswanatha Iyer, J.1. Idikki District Co-operative Bank Ltd. is a Society registered under the Kerala Cooperative Secieties Act, 1969. It has 14 branches and all the members of the Bank are primary societies. However the Bank receives deposits from individuals and also grants loans to individuals. The management of the Bank is vested in Board of Directors consisting of 11 elected members and 3 official members nominated by the Government. Of the 11 elected members three ceased to be Directors for one reason or another and so the remaining elected and non-elected members were managing the affairs of the Bank. The Board entered office on 1-7-1978, their term being three years, normally they would have had to go out on 30-6-1981.2. This Bank is insured under the Deposit Insurance Corporation Act 1961 (Central Act). Chapter X-A of the Kerala Co-operative Societies Act contains additional provisions of law regarding such insured co-operative banks. The Banking Regulation Act 1949 (Central A...
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