Court : Kerala
..... , the branch of the drawee bank where the drawer maintains the account is situated were vested with power to entertain the complaint under section 138 of the act and by virtue of the 2nd ordinance retrospective operation was given from 15.06.2015, when the original ordinance was promulgated by the parliament and assent given ..... the apex court in dashrath rupsingh rathod v. state of maharashtra [2014 (3) khc 362(sc)], held that, complaint under section 138 of the negotiable instruments act can be filed only within the jurisdiction of the drawee bank is situated and not the collecting bank or presenting bank is situated. in that decision the supreme court ..... as sole accused in s.t.no.1998/2014 pending before the judicial first class magistrate court-v, kozhikode, alleging offence under section 138 of the negotiable instruments act. the prosecution case was that, the complainant is running an advertising agency and the accused who is engaged in manufacture of footwear is one of their customers .....
Tag this Judgment!Court : Kerala
..... the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. any contra acts or actions would cause environmental pollution. therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live ..... central government. the public interest which induced parliament to make the declaration contained in section 2 of the mines and minerals (regulation and development) act, 1957, has naturally to be the paramount consideration in all matters concerning the regulation of mines and the development of minerals. parliament's policy is ..... environment. section 5 empowers the state government to give directions notwithstanding anything contained in any other law but subject to the provision of the 1986 act. section 6 empowered the central government to make rules to regulate environmental pollution. the central government in exercise of the powers under section 6 framed .....
Tag this Judgment!Court : Kerala
..... cannot appoint an arbitrator in the absence of an arbitration agreement between the parties. the necessary conclusion is that an arbitral tribunal under the arbitration and conciliation act 1996 is not one constituted by the state and has not been invested with its judicial power. 29. the following observation of the supreme court in indian ..... may conduct the proceedings in the manner it considers appropriate. without any hesitation it can be held that the arbitral tribunal constituted under the arbitration and conciliation act 1996 has no attributes of a tribunal and hence has no trappings of a court. 27. it has already been seen that merely because the award ..... private arbitrators but lower than that of statutory arbitrators. 15. the five judge bench held that the arbitrator appointed under section 10a of the industrial disputes act is not a tribunal within the meaning of article 136 because he lacks the basic, the essential and the fundamental requisite in that behalf because he is .....
Tag this Judgment!Court : Kerala
..... to be noted for deciding the issues raised in these appeals are as follows:- the south malabar gramin bank is the regional rural bank constituted under the regional rural banks' act, 1976. the canara bank is the sponsor bank. the bank had been engaging daily wage messengers in its 235 branches spread all over the state. the daily wage workers working .....
Tag this Judgment!Court : Kerala
..... also contended that the registrar of co-operative societies, through exhibit p4 circular dated 22.02.2003, altered the rates of interest, so the co-operative banks were compelled to act in tune with the directives. drawing my attention to item no.5 of the circular, the learned counsel would contend that from 2003 onwards the first respondent's deposit carried ..... be held that there was any prior intimation to the first respondent. 26. first, there can be no presumption of service of notice even in terms of the general clauses act unless the notice has been sent through registered post with acknowledgement due. second, in the face of the limitation imposed in exhibit p4 circular if one were to assume that .....
Tag this Judgment!Court : Kerala
..... but for future situations. under the aforesaid situation, when declarations by issue of notifications by the government are made under sections 3 and 4 of the act respectively, determining the territorial area of a gram sabha and establishing a gram sabha for that area, such declarations become operative at once. once declarations are ..... by a notification in the gazette, the gram sabha, a body corporate comes into being with a number of powers and functions conferred upon it under the act. as soon as a gram sabha is established and gram panchayat is constituted, they are entrusted with many general functions viz. construction, repair, and maintenance of ..... of the function involves the application of the rules of natural justice, or of an administrative function affecting the rights of persons, wherefore, a duty to act fairly. we are concerned with legislative activity; we are concerned with the making of a legislative instrument, the declaration by notification of the government that a .....
Tag this Judgment!Court : Kerala
..... a licence is irrevocable. firstly, the licence is irrevocable if it is coupled with transfer of property and such right is enforced and secondly, if the licensee acting upon the licence executes work of permanent character and incurs expenses in execution. section 60 is not exhaustive. there may be a case where the grantor of the ..... the licence has become irrevocable and that the plaintiff-licensor cannot revoke the licence by taking recourse to the provisions in the other statute like the indian contract act so as to ignore sec.60(b). this court overruled the aforesaid contention of the licensee and held that in view of the specific agreement entered into between ..... operation of the licence to a temporary period of 11months would clearly place the said arrangement outside the scope and ambit of sec.60(b) of the easements act. in the light of the aforestated discussion and in view of the legal position settled by the aforestated court rulings, the aforestated question of law stands answered .....
Tag this Judgment!Court : Kerala
..... to take to initiate proceedings in a court and the actual pendency of those proceedings in the court. in other words, section 14 of the limitation act excludes not only the period of pendency of infructuous proceedings in a court of law, but also the time occupied for taking indispensable and preparatory steps to ..... vs. p rincipal secretary, irrigation department and others [ (2008) 7 scc 169], wherein clear distinction was made between section 5 and section 14 of the limitation act, holding that section 14 would be applicable to the arbitration proceedings as well. the learned counsel further submits that, almost a similar situation was considered by a ..... having interest in the firm. pursuant to the demise of the concerned partner, the due amount was demanded by the respondents herein, which was refused to be acted upon. after several rounds of negotiations, on finding that there was no other alternative, the respondents approached the district court, ernakulam by filing o.p.(arbitration .....
Tag this Judgment!Court : Kerala
..... consideration, provided that the proceeds of the sale by a person not being a company or firm registered under the companies act, 1956 (central act 1 fo 1956) and indian partnership act, 1932 (central act 9 of 1932) [or society including a co-operative society or association of individuals whether incorporated or not] of agricultural ..... the petitioners while subjecting them to tax on their sales turnover of fertilizers. the definitions of the terms sale , sale price and turnover under the kvat act read as follows: 2. definitions:- (xliii) sale with all its grammatical variations and cognate expressions means any transfer whether in pursuance of a contract or ..... fixed basis while this value can vary depending on the import cost of fertilizers. 3. while completing the assessments of the petitioners, under the kvat act, for the relevant assessment years, the assessing authorities included the subsidy amounts received by them in their taxable turnover, by relying on the provisions of explanation .....
Tag this Judgment!Court : Kerala
..... is behaving in this manner in relation to candidates recommended by the selection committee for appointment of members of the tribunal. in the context of the act and the administrative tribunals (procedure for appointment of vice-chairman and members) rules, 2006, which was superceded by 2011 rules, this court had occasion ..... by the president after consultation with the governor of the concerned state. 17. in exercise of its rule making powers under section 36(c) of the act and in supercession of the administrative tribunals (procedure for appointment of vice chairman and members) rules, 2006, the central government made the administrative tribunals (procedure ..... notification, an administrative tribunal for the state to exercise the jurisdiction, powers and authority conferred on the administrative tribunal for the state by or under the act. it was in exercise of this power that the kerala administrative tribunal was established by the government of india by its notification gsr 705(e) dated .....
Tag this Judgment!