Judgment Search Results Home > Cases Phrase: education act 1983 section 2 definitions Court: kerala Page 1 of about 1,364 results (0.112 seconds)

St. George I.T. Centre Vs. George K. John

Court : Kerala

Reported in : (1989)IILLJ331Ker

..... it was also held that such an institution may atleast be an undertaking for the purpose of the definition of 'industry' which is almost similar to the definition of 'establishment' under section 2(c) of the payment of subsistence allowance act.4. ..... he is necessarily within the comprehension of the definition of 'employer' under section 2(b) of the act.3. ..... rajappa 1978-i-llj-349, where it was held that even educational institutions like universities are establishments where occupation is carried on or service is rendered. ..... employee has been defined in section 2(a) of the act to mean 'any person employed in or in connection with the work of any establishment to do skilled, semi-skilled or unskilled manual, supervisory, technical, electrical or any other kind of work for hire or reward whether the terms of employment be express or ..... state of kerala 1983-i-llj-267 full bench of this court held that (p 276):where there is systematic activity organised by co-operation between employer and employee (the direct and substantial element is chimerical) and for the production and/or ..... p 3 order of the deputy labour commissioner, ernakulam, directing payment of subsistence allowance to the 1st respondent for the period of his suspension from 2nd july 1983 to 16th december 1983. ..... after completing a disciplinary inquiry into allegations of misconduct, he was dismissed from service on 16th december 1983. ..... he was placed under suspension on 2nd july 1983. .....

Commissioner of Income-tax Vs. Dharmodayam Co.

Court : Kerala

Reported in : [1997]225ITR686(Ker)

..... in the light of the above discussion, we will consider whether there is any change in the legal position regarding the claim of the assessee after the introduction of sub-section (4a) under section 11 of the income-tax act, 1961, by the finance act of 1983 with effect from april 1, 1984. ..... the supreme court rejected the contention raised by the revenue that in view of the change brought about by the income-tax act, 1961, in the definition of the expression 'charitable purposes' the decision of this court in dharmodayam co. v. ..... along with the introduction of sub-section (4a), section 13(1)(bb) which read as follows :' (bb) in the case of a charitable trust or institution for the relief of the poor, education or medical relief, which carries on any business, any income derived from such business, unless the business is carried on in the course of the actual carrying out of a primary purpose of the trust or institution ;' 14. ..... section 2(15) as amended reads as follows : ' 'charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility.' 12. ..... in this act, unless the context otherwise requires,-- (15) 'charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying on of any activity for profit.' 9. .....

Commissioner of Income-tax Vs. Pulikkal Medical Foundation Pvt. Ltd.

Court : Kerala

Reported in : [1994]210ITR299(Ker)

..... before the amendment by the finance act, 1983, with effect from april 1, 1984, the definition of the words 'charitable purpose' occurring in section 2(15) of the act contained the words 'not involving the carrying on of any activity for profit'. ..... where the purpose of a trust or institution was relief of the poor, education or medical relief, the requirement of the definition of 'charitable purpose' would be fully satisfied, even if an activity for profit was carried on in the course of the actual carrying out of the primary purpose of the trust or the institution. ..... , from the language and the context in which the expression has been used in sub-section (22) of section 10, it is clear that the income may be the income of any person but the source of this particular income which is not liable to be includible under sub-section (22) of section 10 must be the income of a university or other educational institutions which fulfils the other requirements of that sub-section, that is to say, the educational institution through which the income, is generated must exist solely for ..... neither the fortuitous factor of having large surplus in any particular year, nor the solitary fact of diverting some income of the source concerned to objects charitable but not educational by itself would be decisive of the matter and in that context the facts relevant to the relevant year would be very material though not conclusive.'16. .....

Sunil Babu @ Sunil Vs. State of Kerala

Court : Kerala

..... definitely, the same will not attract the offence under section 153b of the ..... best it could be said that the petitioners want to educate the people that by force only the government could be changed ..... though the matter considered therein was in relation to an offence under sections 121a and 124a, the impact of the same is significant. ..... (2) whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to ..... same is the situation as far as sub-sections (b) and (c) also are concerned.5. ..... the decision reported in aravindan's case (1983 klt 193), while considering the elements to attract sections 121a and 124a of the i.p.c. ..... alleged is punishable under section 153-b read with section 34 i.p.c.2. ..... and above the provocation that is likely to give cause for rioting, it has to be shown that the act - affixing of the poster - is illegal. ..... judgment in manuel's case (2012 (4) klt 708), with crl.m.c.no.3808/2012 -4- regard to the applicability of section 153 i.p.c. ..... sub-section (a) will apply in a case where imputation is made that any class of persons cannot by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the ..... howsoever deplorable be the act of affixing the poster, to constitute the offence under s.153 of the .....

Rev. Sr. Mary Angella Vs. State of Kerala

Court : Kerala

Reported in : 2005(3)KLT29

..... however, for anglo indian community separate rules have been framed by the state section 2(5) of the kerala education act defines 'minority schools' to mean schools of their choice established and administered by such minorities as have the right to do so under clause (1) of article 30 of the constitution. ..... in exercise of the powers conferred by section 36 of the kerala education act, 1958 the government framed the kerala education rules, 1959. ..... ' the rule has given varied power on the government since aided schools are governed by the kerala education act and rules as well as rules for anglo-indian schools and state government is paying salary to teaching and nonteaching staff. ..... for a proper understanding of those rules it is necessary to compare the rules governing the minority communities under the kerala education act and the rules with that of the rules framed for anglo-indian schools. ..... the kerala education act, 1958 was enacted to provide for the better organisation and development of educational institutions in the state providing a varied and comprehensive educational service throughout the state. ..... section 2(1) of the act defines 'aided school' to mean a private school which is recognised by and is receiving aid from the government, but shall not include educational institutions entitled to receive grants under article 337 of the constitution of india, except in so far as they are receiving aid in excess of the grants to which they are so entitled. .....

G. Purushothama Panikkar and anr. Vs. G. Mohan

Court : Kerala

Reported in : AIR1999Ker443

..... according 'to learned counsel, just like a court sale being taken out of section 52 of the transfer of property act by section 2(d) of the same act, section 6 of the kerala education act, 1958 has to be understood as not covering transfer of property in execution of a decree or order of ..... decision will not help the appellant; on the other hand, it would show the necessity of a provision like one in section 6 of the kerala education act not to permit alienation of the properties belonging to the school, if it would adversely affect the running of the school ..... taking into consideration the object of the restriction on alienation brought about by section 6 of the kerala education act, namely, the well being of the schools, we are of the view that there is no reason to exclude court sale from its area ..... anxious consideration of the contentions raised by both sides, we do not find it possible to understand the prohibition on alienation of the property of aided school brought under section 6 of the kerala education act as one which would not take into its fold a court sale. ..... submitted by both sides that the only question to be decided in the revision petition as well as in the appeal is whether the provisions of section 6 of the kerala education act imposing restriction on alienation of property of aided school would apply to a court sale. ..... in the light of the prohibition contained under section 6 of the kerala education act, manager of the school has no disposing power over the property of .....

N. Sukumara Pillai Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1972Ker226

..... all disciplinary proceedings purported to have been taken and penalty imposed or other orders made therein in respect of a teacher of an aided school by the government or any officer of the government under the kerala education act, 1958 (6 of 1958) and the rules issued thereunder, before the publication of this ordinance shall be deemed to have been validly taken, imposed or made as the case may be under the provisions of the said ..... have to assume that the kerala education act always contained this section enabling action being taken under that section by the government or its ..... in the ordinance is to make section 12a introduced in the kerala education act to take effect from the 1st ..... passed by virtue of the power conferred on the educational authorities under section 12a introduced in the kerala education act by the ordinance. ..... be saved by sub-section (2) of section 3 of the kerala education (amendment) act. ..... section 11 or section 12 and subject to such rules as may be prescribed, the government or such officer not below the rank of an educational officer as may be authorised by the government in this behalf, shall have power to take disciplinary proceedings against a teacher of an aided school and to impose upon him all or any of the penalties specified in the rules made under this act ..... as stated above it is clear from section 3 of the ordinance that the orders in this case, or at least such of them which were pass-ed before the passing of the kerala education (amendment) act. .....

Manager, Trikkur Panchayat Sarvodaya High School Vs. Suma

Court : Kerala

Reported in : 2003(2)KLT62

..... section 11 of the kerala education act, 1958 (hereinafter referred to as 'the act') provides that subject to the rules and conditions laid down by the government, teachers of aided schools shall be appointed by the managers of such schools from among persons who possess the qualifications prescribed under section 10 of the act ..... a conscious decision incorporated the above mentioned provisions in the kerala panchayats (spread of education) rules and the kerala education rules stipulatingthat all appointments shall be in accordance with the provisions of the kerala education act and the kerala education rules and also extending the benefit under rule 51a in chap.xiv-a of k.e.r. ..... rule 2(2) of the said rules, for the purpose of the kerala education act, 1958 and the rules made thereunder, such schools shall be considered as aided schools and the panchayat shall be the educational agency and the executive officer of the panchayat shall be the manager in ..... appointments would be subject to the rules governing the appointment of teachers to government schools through the employment exchange thereby those appointments cannot be subject to provisions of the kerala education act and the rules made thereunder and consequently those appointees would not get benefit of provisions of the kerala education act and the rules, especially rule 51-a. 69. ..... exercise of the powers conferred by section 36 of the act, the government of kerala have made the kerala education rules, 1959 (hereinafter referred to .....

O.V. Usman Kurikkal Vs. State of Kerala, Represented by the Secretary ...

Court : Kerala

..... against an order passed under section 14(4) of the kerala education act, no power of review is provided in the kerala education act or in the kerala education rules. ..... it is submitted that in the case on hand, no show cause notice was issued as provided under section 14(1) of the kerala education act and, therefore, ext.p1 order is illegal, arbitrary or unsustainable. ..... sub-sections (1) to (4) of section 14 of the kerala education act are relevant to deal with the contentions put forward by either side. ..... under section 14(1) of the kerala education act, the management of aided schools shall be taken over only after serving show cause notice and affording a reasonable opportunity to the manager and the educational agency. ..... the issue of taking over of management cannot be kept alive indefinitely and that too for a longer period than the period for which taking over of the management could be had under sub-section (1) of section 14 of the kerala education act. ..... in the case of the school in question, ext.p6 order dated 21.5.2005 was passed taking over the management of the school for a period of six months, exercising the power under sub-section (2) of section 14 of the kerala education act. ..... of the committee and the consequent deadlock in the management of the high school, the government, as per ext.p6 notification dated 21.5.2005, took over the management of the high school, in exercise of the powers conferred by sub-section (2) of section 14 of the kerala education act. .....

State of Kerala Vs. Mythri Vidya Bhavan English Medium School

Court : Kerala

..... upto standard viii which is elementary education covered under the rte act and then school with upto standard x which falls under the definition of secondary school and later school with upto standard ..... order, by referring to rule 20 of the kerala rules prescribed under the rte act wherein the academic authority for the purpose of section 29 of the act is the state council for education research and training (scert). ..... of the government is that the impugned notification is issued in exercise of powers conferred on them under the rte act and the kerala rules framed thereunder, the case of the petitioners is that state government has no authority to issue the notification because the "appropriate government" under section 2(a) of the rte act for schools affiliated to cbse and icse boards which are under the control of the department of human resources development ..... section 8(a) of the act specifically disentitles parents and students from getting reimbursement of the cost incurred for education ..... to attract students to their schools is either to jack up the standards of kerala syllabus at par with cbse/icse syllabus or to atleast start cbse/icse sections in government schools so that those desiring to have studies in cbse/icse syllabus should be given the facility. ..... nothing wrong in government funding unaided schools or reimbursing fees to students from economically weaker sections so that state/central governments can save by avoiding starting of neighbouring government schools with .....