Judgment Search Results Home > Cases Phrase: dehra dun act 1871 Year: 2007 Page 10 of about 7,720 results (0.152 seconds)

Salilan Vs. D.i.G. of Police and ors.

Court : Kerala

Reported in : [2007(114)FLR295]

..... respondents. they have proceeded to hold that he was permanently incapacitated to continue in service without considering the effect of other provisions of section 47 of the act.5. i quash the impugned orders. there will be a direction to the third respondent to either provide a suitable employment to the petitioner, ignoring the ..... pension. no distinction whatsoever is to be made between a temporary or permanent employee. no technical plea shall stand in the way of the benefit of the act given to a disabled employee, the disability being in the course of employment. in this context, it will be profitable to extract paragraph 12 of the judgment ..... (sc) : 2003(4) aic 514 (sc) the petitioner is entitled to the benefits under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. it is seen from the judgment that the supreme court repelled the stand taken by. the central government that for want of provision in the rules, no pension could .....

State Farms Corporation of India Vs. Mathai

Court : Kerala

Reported in : [2008(116)FLR1124]; (2008)IILLJ1016Ker

..... detail. the concept of gratuity has been the subject matter of judicial interpretation in several decisions over the years. even before the enactment of the payment of gratuity act, 1972, the supreme court, in the decision of indian hume pipe co. ltd. v. workmen : (1959)iillj830sc held thus:gratuity is a kind of ..... to the petitioner is excess ex gratia amount mistakenly paid under the voluntary retirement scheme. the 1st respondent approached the controlling authority under the payment of gratuity act seeking payment of balance gratuity amount due to him. rejecting the contention of the petitioner that they are entitled to deduct the excess amount of rs. 70 ..... employer can deduct certain amounts allegedly due from the employee to the employer from the amount of gratuity due to the employee under the payment of gratuity act.2. the petitioner herein is a government company. the 1st respondent opted for voluntary retirement under a voluntary retirement scheme introduced by the company. the .....

Jose Vs. P.C. Joy

Court : Kerala

Reported in : ILR2008NULL974

..... below went wrong in drawing the presumption under section 139 in favour of the complainant even without considering whether the complainant is the 'holder' as defined under the act. as the title to section 139 itself indicates presumption under the said provision can be drawn only in favour of 'holder'. these facts are discussed in detail ..... circumstances of each case, the court will have to examine whether the instrument involved is 'cheque' as defined under section 5 read with section 6 of the act or whether it was only a 'blank cheque leaf containing the signature alone. depending upon the facts and circumstances of each case, the court will have to ..... the execution and issuance of ext. p1 cheque stands proved, complainant is entitled to get the benefit of presumption as envisaged under section 139 of the n.i. act. by applying that presumption it can be seen that, ext. p1 cheque was issued by the accused for discharging his legally enforceable liability towards the complainant'. the lower .....

Mohammed Zahir Vs. Additional Commissioner of Customs

Court : Kerala

Reported in : 2009[13]STR322

..... not liable to be cross examine in a departmental proceedings for filing an argument notes, as the counsel for the delinquent, in a proceedings under section 124 of the customs act.(iv) any other reliefs which may be prayed for from time to time.2. the contention of the petitioner is that he cannot be cross examined in respect of an ..... act, which he had done in exercise of his duty as an advocate. the asst. solicitor general would contend that in the proceedings in question the 3rd respondent himself has ..... behalf of a client. what he has done is only to present his arguments before the adjudicating authority under the customs act. in respect of the same, he cannot be summoned for cross examination under section 108 of the customs act.4. it would be open to the 3rd respondent to submit before the authority before whom he is facing adjudication .....

Pepsico India Holdings Pvt. Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (2009)20VST433(Ker)

..... the director of industries which was impugned in the earlier writ petition (exhibit p10 marked in this writ petition). this court found that the director had acted as the mouth piece of the state level committee and apparently the decision to reject the petitioner's application for exemption was taken by the committee ..... ksidc or kfc, where the unit is assisted by either of the these two agencies. the kfc is a statutory body incorporated under the state financial corporations act. the ksidc is a non-statutory government of kerala undertaking. both aforementioned corporations are essentially financing agencies, intended to encourage industrial entrepreneurship in the state. but ..... other goods for sale within the state or inter-state (b) in respect of the surcharge payable under section 3 of the kerala surcharge on taxes act, 1957. clause 10 of exhibit p1 notification enumerates the conditions and restrictions in relation to grant of exemption in the case of new industrial units. the .....

P.M. Alavi Vs. Sales Tax Officer and anr.

Court : Kerala

Reported in : (2009)20VST495(Ker)

..... no. 7190 of 2000 is quashed. the assessment orders in the other connected original petitions to the extent confirmation is made under section 7(12) of the act are also quashed. the assessing authority shall pass consequential orders refunding the balance amount due to the petitioners/assessees, after adjustment of the surcharge payable by them ..... surcharge payable and if there is any further excess, necessarily the asses-see is entitled for refund of the same. the confirmation under section 7(12) of the act in such circumstances, is wholly unauthorised and without jurisdiction. the assessment orders to the extent confirmation under section 7(12) are set aside. exhibit p11 in o ..... learned single judge of this court drew the distinction between the excess tax collected and excess tax remitted and held that section 46a(1) of the kgst act provides for forfeiture of excess tax collected. that provision has no application towards the excess tax remitted. to add, i may say even when the assessee .....

Bhaskaran Vs. Asst. Director, Employees' State Insurance Corporation

Court : Kerala

Reported in : [2007(115)FLR180]

..... the provisions of the act which is one impregnated with social welfare as its objective. the factory or establishment is entitled to a reasonable opportunity of being heard before an order under section 45a(1 ..... is duty bound to direct the corporation to perform its duty even in cases where the corporation has failed to do so.5. section 45a was inserted in the act to enable the corporation to reach at those factories and establishments who do not file returns. it is necessary to reach at the erring employers, to give effect to ..... the claim of the corporation under section 75, it is impermissible to read into sub-section (2) of section 45a or to any of the other provisions of the act, any obligation on the corporation to establish its claim under section 75 before the court, before taking recourse to either section 45b or the provisions of sections 45c to .....

Edayar Ksheerolpadaka Sahakarana Sangham Vs. Industrial Tribunal

Court : Kerala

Reported in : [2007(114)FLR301]

..... i do not think that the petitioner can save the situation by importing the principles in the code of civil procedure to the proceedings under the industrial disputes act, which is the obvious attempt of the counsel. if that is permitted, the law as laid down by the supreme court would be rendered meaningless, since any ..... written statement itself in industrial disputes under section 10 and immediately after the workman alleges defect in the enquiry in proceedings under section 33 of the industrial disputes act and not at any time thereafter during the proceedings before the tribunal/labour court.13. i am of the opinion that the observations in the concurring judgment ..... at the earliest stage and file the application for that purpose without any unreasonable delay. but when the question arises in a reference under section 10 of the act after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry there is no question of the management filing, .....

State of U.P. Vs. Dr. Sitaram Singh S/O Mahavir Singh and ors.

Court : Allahabad

Reported in : 2008CriLJ1533; I(2008)DMC566

..... examined as a witness. the letter, therefore, looses it's incriminating value.15. the trial court was, therefore, justified in concluding that the presumption under section 113j3 of the evidence act will not be applicable to the facts of the case. it was, therefore, for the prosecution to prove to the hilt, that the lady was strangulated.16. it is fairly ..... was detected. 7. investigation of the case (crime no. 24 of 1991 under sections 498-a, 304-b and 201 i.p.c. and section 3/4 of dowry prohibition act) was conducted by sri sunder lai, circle officer bairiya. the inquest report of the deceased lady was prepared by p.w. 14 s.i. ram khilawan tewari, with the help ..... no. 1, ballia, by which he acquitted abovenamed, seven accused for charges under sections 498-a, 304-b and 201 i.p.c. and section 3/4 of dowry prohibition act.2. this is a tragic yet mysterious tale of a lady, who lost her life within 48 hours after dawning her bridal attire. this happened in the eastern uttar pradesh .....

R (on the Application of Godmanchester Town Council) (Appellants) Vs. ...

Court : House of Lords

..... that there was no such intention. in other words, the evidence must be inconsistent with an intention to dedicate. that seems to me to contemplate evidence of objective acts, existing and perceptible outside the landowner's consciousness, rather than simply proof of a state of mind. and once one introduces that element of objectivity (which was ..... users of the way that the owner did not intend to dedicate will inevitably bring the right into question, because one cannot foresee all cases. but the act clearly contemplates that there will ordinarily be symmetry between the two concepts. thus section 31(3) provides that an appropriate notice will be sufficient evidence to ..... to the public that the landowner had no intention to dedicate seems to me consistent with the nature and quality of the "sufficient evidence" required by the act to rebut a deemed dedication brought about by twenty years uninterrupted public user. 70. lord hoffmann has discussed in his opinion what, for section 31(2) .....