Array ( [0] => ..... two judges. but single judge has no power to refer a case to the full bench and that power is expressly reserved to a bench of two judges under section 4 of the act. a conjoint reading of the bench decisions in kannappan v. r.t.o., ernakulam (division bench)(supra), cochin malabar estates & industries v. state of kerala (full bench ..... a single judge provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a bench of two judges.section 4 of the act dealing with the powers of the bench of two judges, to the extent relevant reads as follows:4. powers of a bench of two judges- the powers ..... under chapter ix of the code of criminal procedure, can restore a petition, which was dismissed for default, either exercising its inherent power, or applying the provisions under section 10 of the act.this, in my opinion, is an important question of law, which is to be considered by a larger bench, in view of the full bench decision in sathyabhama ..... [1] => ..... contemner is that because of the enforcement of the kerala forest (vesting and management of ecologically fragile lands) act, 2003 (for short 'the act'), the land, being an ecologically fragile land in terms of section 3(1) of the act, lying contiguous to vested forest has statutorily vested with the government, notwithstanding the judgment directing restoration. therefore, ..... in terms of clause 3(1) of the ordinance as ecologically fragile land.5. such a sub-section (2) is absent in section 3 of the act. in other words, there is no provision for exempting a plantation in the act. therefore, that division bench judgment can no more be applied to the facts of this case, in ..... the light of the present provision in the act. moreover, the land in question ordered to be restored is admittedly not a plantation.6. it is further contended that there is no notification in terms of section 4 of the act declaring the land in question as ecologically fragile land. without a notification ..... [2] => ..... bharatheeya janatha party while 16 were elected under the united democratic front. they have to make and subscribe oath and affirmation as provided under section 143 (1) of the act. section 143 in its entirely is extracted hereunder for easy reference.143. oath or affirmation.-(1) the government, after each general election shall ..... vijayakumar and hence he was declared elected as chairperson by the returning officer. chandrankutty had to make and subscribe oath or affirmation under section 143 (2) of the act before the returning officer, a person nominated by the government for that purpose. chandrankutty however refused to make oath or affirmation as chairperson ..... , counsel appearing for the state election commission submitted that the returning officer is a person before whom in exercise of the powers under section 143 (2) of the act the chairperson has to make and subscribe his oath. in the absence of chairperson election commission permitted the deputy chairperson to make and ..... [3] => ..... the club also show that there is provision for systematic and organised activity in the club.3. commercial establishment and shop are defined under section 2(4) and (15) respectively of the kerala shops and commercial establishments act, 1960. these provisions read as follows:-2(4) commercial establishment' means acommercial or industrial or tradingorbanking or insurance establishment, an establishment or administrative service ..... definition and among other establishments it includes any commercial establishment coming within the meaning of section 2 of the kerala shops and commercial establishments act 1960, an establishment including a society registered under the societies registration act, 1860 or the travancore cochin liberary, scientific and charitable societies registration act, 1955, which carries on any business, or trade or any work in connection therewith or ..... [4] => ..... 14 of the constitution of india cannot hold good. the said finding appears to have come about from the provisions of the statute and in particular, section 3(3) of act ii of 1948 which, in terms, permits fixation of different minimum rates of wages in different localities. the fixation of different minimum rates of wages in ..... of the workmen employed in the business in order to ensure the sustenance of the workmen and their family. learned counsel also urged before us that section 3 of the act enables the state to fix minimum wages in cinema theatres irrespective of rural and urban classification.6. we have heard learned counsel for the parties and ..... to be issued, petitioner placed objections before the respondents questioning the validity of the same. the notification, ext.p1, issued by the government under section 9 of the minimum wages act revising/fixing the minimum wages of the employees engaged in the cinema theatres in the state of kerala was challenged/on the same grounds as urged ..... [5] => ..... from time to time by the central government.provided....in the schedule, khadi and village industries are specified. kerala state enacted kerala khadi and village industries board act, 1957. under section 2(v), 'village industries' are defined as follows:village industries' means all or any of the industries specified in the schedule to the khadi and village ..... of 2000 is violative of article 14 of the constitution of india. all khadi and village industries products were exempted originally in view of notification issued under section 10 of the kgst act. by notification s.r.o. no. 1090 of 1999 dated december 31, 1999 government restricted the benefit of exemption to those industrial units whose sales ..... the learned single judge and hold that s.r.o. no. 291 of 2000 and 292 of 2000 are validly issued as per the powers given under section 10 of the kgst act.15. in w.p. (c) no. 37056 of 2003, it was contended that exempted category included as carpentry work other than manufacture of furniture. ..... [6] => ..... siri jagan, j.1. exts. p5 and p6 orders are under challenge in this writ petition. ext. p5 is an order passed under section 85(1) of the factories act making all sections of the factories act, 1948 except section 6(i)(a), (aa)(b) and (c) applicable to manufacturing process in crushing of animal bone including bone meals and other manure industries ..... the present case in all respects.10. although the petitioner's counsel wanted to make a point on the basis of the non-obstante clause in section 14 of the payment of gratuity act, i am satisfied that such contention essentially depends upon the sustainability of the other contention which i have already repelled.11. of course, the petitioner ..... officer 2001 (1) klt 147 by which a contention raised by an employer of a factory, which became a factory by virtue of a notification under section 85(1) of the factories act, was repelled by this court. counsel would submit that bolani ores's case may not be applicable to the present case in so far as the ..... [7] => ..... seen that after dismissing the petition, the learned special judge has held that the petitioner is also liable to answer charge under section 13(1)(d) read with section 13(2) of the p.c.act and section 120b of ipc. in view of the order of the competent authority rejecting the prayer to accord sanction to prosecute the ..... the state government, rules for the regulation of recruitment and conditions of service of the persons appointed to an all india service. in exercise of power under section 3 of the act, the recruitment rules, the cadre rules, the all india services (conditions of service-residuary matters) rules, 1960 have been made by the central government. the ..... not removable from his office save by or with the sanction of the state government, of that government. the state government can accord sanction under section 19 of the p.c.act only if the public servant satisfies both the above said conditions. these two conditions are not disjunctive but is conjunctive. even if the public ..... [8] => ..... and unenforceable and also for issuance of a writ of certiorari to quash ext.p10 notification issued by the government of kerala under sub-section (1) of section 70 of the act (central act no. 21 of 2000). according to the appellant, while disposing of the writ petition, the learned single judge did not enter into ..... court, thiruvananthapuram and suit filed by the first respondent against the petitioner is pending in the district court, thiruvananthapuram. this writ petition was filed challenging section 70 of the act. it is also contended that ext.p10 circular issued is arbitrary, discriminatory and violative of article 19(1)(g) of the constitution of india and ..... on account of the pendency of the suit in the civil court and ultimately he is entitled to registration of copyright under the act. according to the petitioner, section 70 of the act which confers the unfettered powers on the state government to declare any computer system as a protected system is arbitrary and unconstitutional ..... [9] => ..... government pleader for taxes, on the other hand, submitted that there is absolutely no merit in the contention of the appellant. he highlighted the words in section 15 of the central act which provide that the tax shall be payable at the rate not more than four per cent. he would further submit that there is only one levy, ..... of the apex court in collector of central excise, hyderabad and ors. v. vazir sultan tobacco co. limited, hyderabad and ors. : 1996(83)elt3(sc) . section 37 of the finance act, 1978 provided for levy of special duty of excise in addition to the existing excise duties. the tribunal upheld the contention of the assessee that the goods purchased ..... subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify. section 15 of the central act enacts the restriction contemplated in article 286. it read as follows at the relevant time:15. restrictions and conditions in regard to tax on sale or ..... ) Explosives Act 1884 Section 4 Definitions - Court Kerala - Year 2006 - Page 3 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: kerala Year: 2006 Page 3 of about 172 results (0.060 seconds)

Sep 27 2006 (HC)

Peter Vs. Sara

Court : Kerala

Decided on : Sep-27-2006

Reported in : 2006(4)KLT219

..... two judges. but single judge has no power to refer a case to the full bench and that power is expressly reserved to a bench of two judges under section 4 of the act. a conjoint reading of the bench decisions in kannappan v. r.t.o., ernakulam (division bench)(supra), cochin malabar estates & industries v. state of kerala (full bench ..... a single judge provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a bench of two judges.section 4 of the act dealing with the powers of the bench of two judges, to the extent relevant reads as follows:4. powers of a bench of two judges- the powers ..... under chapter ix of the code of criminal procedure, can restore a petition, which was dismissed for default, either exercising its inherent power, or applying the provisions under section 10 of the act.this, in my opinion, is an important question of law, which is to be considered by a larger bench, in view of the full bench decision in sathyabhama .....

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Oct 11 2006 (HC)

Murukankutty Vs. Amarnath Shetty

Court : Kerala

Decided on : Oct-11-2006

Reported in : 2006(4)KLT971

..... contemner is that because of the enforcement of the kerala forest (vesting and management of ecologically fragile lands) act, 2003 (for short 'the act'), the land, being an ecologically fragile land in terms of section 3(1) of the act, lying contiguous to vested forest has statutorily vested with the government, notwithstanding the judgment directing restoration. therefore, ..... in terms of clause 3(1) of the ordinance as ecologically fragile land.5. such a sub-section (2) is absent in section 3 of the act. in other words, there is no provision for exempting a plantation in the act. therefore, that division bench judgment can no more be applied to the facts of this case, in ..... the light of the present provision in the act. moreover, the land in question ordered to be restored is admittedly not a plantation.6. it is further contended that there is no notification in terms of section 4 of the act declaring the land in question as ecologically fragile land. without a notification .....

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Mar 22 2006 (HC)

Balasubramanian Vs. Chandradas

Court : Kerala

Decided on : Mar-22-2006

Reported in : 2006(2)KLT467

..... bharatheeya janatha party while 16 were elected under the united democratic front. they have to make and subscribe oath and affirmation as provided under section 143 (1) of the act. section 143 in its entirely is extracted hereunder for easy reference.143. oath or affirmation.-(1) the government, after each general election shall ..... vijayakumar and hence he was declared elected as chairperson by the returning officer. chandrankutty had to make and subscribe oath or affirmation under section 143 (2) of the act before the returning officer, a person nominated by the government for that purpose. chandrankutty however refused to make oath or affirmation as chairperson ..... , counsel appearing for the state election commission submitted that the returning officer is a person before whom in exercise of the powers under section 143 (2) of the act the chairperson has to make and subscribe his oath. in the absence of chairperson election commission permitted the deputy chairperson to make and .....

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Jun 09 2006 (HC)

CochIn Yacht Club Vs. State of Kerala

Court : Kerala

Decided on : Jun-09-2006

Reported in : 2006(3)KLT67; (2006)IIILLJ427Ker

..... the club also show that there is provision for systematic and organised activity in the club.3. commercial establishment and shop are defined under section 2(4) and (15) respectively of the kerala shops and commercial establishments act, 1960. these provisions read as follows:-2(4) commercial establishment' means acommercial or industrial or tradingorbanking or insurance establishment, an establishment or administrative service ..... definition and among other establishments it includes any commercial establishment coming within the meaning of section 2 of the kerala shops and commercial establishments act 1960, an establishment including a society registered under the societies registration act, 1860 or the travancore cochin liberary, scientific and charitable societies registration act, 1955, which carries on any business, or trade or any work in connection therewith or .....

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Mar 29 2006 (HC)

CochIn Mazdoor Sangh Vs. Bobby

Court : Kerala

Decided on : Mar-29-2006

Reported in : [2006(110)FLR926]; 2006(3)KLT317; (2006)IIILLJ702Ker

..... 14 of the constitution of india cannot hold good. the said finding appears to have come about from the provisions of the statute and in particular, section 3(3) of act ii of 1948 which, in terms, permits fixation of different minimum rates of wages in different localities. the fixation of different minimum rates of wages in ..... of the workmen employed in the business in order to ensure the sustenance of the workmen and their family. learned counsel also urged before us that section 3 of the act enables the state to fix minimum wages in cinema theatres irrespective of rural and urban classification.6. we have heard learned counsel for the parties and ..... to be issued, petitioner placed objections before the respondents questioning the validity of the same. the notification, ext.p1, issued by the government under section 9 of the minimum wages act revising/fixing the minimum wages of the employees engaged in the cinema theatres in the state of kerala was challenged/on the same grounds as urged .....

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Feb 17 2006 (HC)

Khadi Grama Vyavasaya Association (State Committee) Vs. State of Keral ...

Court : Kerala

Decided on : Feb-17-2006

Reported in : [2006]145STC601(Ker)

..... from time to time by the central government.provided....in the schedule, khadi and village industries are specified. kerala state enacted kerala khadi and village industries board act, 1957. under section 2(v), 'village industries' are defined as follows:village industries' means all or any of the industries specified in the schedule to the khadi and village ..... of 2000 is violative of article 14 of the constitution of india. all khadi and village industries products were exempted originally in view of notification issued under section 10 of the kgst act. by notification s.r.o. no. 1090 of 1999 dated december 31, 1999 government restricted the benefit of exemption to those industrial units whose sales ..... the learned single judge and hold that s.r.o. no. 291 of 2000 and 292 of 2000 are validly issued as per the powers given under section 10 of the kgst act.15. in w.p. (c) no. 37056 of 2003, it was contended that exempted category included as carpentry work other than manufacture of furniture. .....

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Jun 20 2006 (HC)

Raveendran Nambiar Vs. Prabhakaran

Court : Kerala

Decided on : Jun-20-2006

Reported in : [2006(110)FLR742]; 2006(3)KLT234; (2006)IIILLJ331Ker

..... siri jagan, j.1. exts. p5 and p6 orders are under challenge in this writ petition. ext. p5 is an order passed under section 85(1) of the factories act making all sections of the factories act, 1948 except section 6(i)(a), (aa)(b) and (c) applicable to manufacturing process in crushing of animal bone including bone meals and other manure industries ..... the present case in all respects.10. although the petitioner's counsel wanted to make a point on the basis of the non-obstante clause in section 14 of the payment of gratuity act, i am satisfied that such contention essentially depends upon the sustainability of the other contention which i have already repelled.11. of course, the petitioner ..... officer 2001 (1) klt 147 by which a contention raised by an employer of a factory, which became a factory by virtue of a notification under section 85(1) of the factories act, was repelled by this court. counsel would submit that bolani ores's case may not be applicable to the present case in so far as the .....

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Jan 30 2006 (HC)

Sudhakaran Vs. State of Kerala

Court : Kerala

Decided on : Jan-30-2006

Reported in : 2006(1)KLT955

..... seen that after dismissing the petition, the learned special judge has held that the petitioner is also liable to answer charge under section 13(1)(d) read with section 13(2) of the p.c.act and section 120b of ipc. in view of the order of the competent authority rejecting the prayer to accord sanction to prosecute the ..... the state government, rules for the regulation of recruitment and conditions of service of the persons appointed to an all india service. in exercise of power under section 3 of the act, the recruitment rules, the cadre rules, the all india services (conditions of service-residuary matters) rules, 1960 have been made by the central government. the ..... not removable from his office save by or with the sanction of the state government, of that government. the state government can accord sanction under section 19 of the p.c.act only if the public servant satisfies both the above said conditions. these two conditions are not disjunctive but is conjunctive. even if the public .....

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May 24 2006 (HC)

Firos Vs. State of Kerala

Court : Kerala

Decided on : May-24-2006

Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)

..... and unenforceable and also for issuance of a writ of certiorari to quash ext.p10 notification issued by the government of kerala under sub-section (1) of section 70 of the act (central act no. 21 of 2000). according to the appellant, while disposing of the writ petition, the learned single judge did not enter into ..... court, thiruvananthapuram and suit filed by the first respondent against the petitioner is pending in the district court, thiruvananthapuram. this writ petition was filed challenging section 70 of the act. it is also contended that ext.p10 circular issued is arbitrary, discriminatory and violative of article 19(1)(g) of the constitution of india and ..... on account of the pendency of the suit in the civil court and ultimately he is entitled to registration of copyright under the act. according to the petitioner, section 70 of the act which confers the unfettered powers on the state government to declare any computer system as a protected system is arbitrary and unconstitutional .....

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Apr 07 2006 (HC)

Peekay Re-rolling Mills (P) Ltd. Vs. Assistant Commissioner (Assessmen ...

Court : Kerala

Decided on : Apr-07-2006

Reported in : 2006(2)KLT687; (2007)5VST241(Ker)

..... government pleader for taxes, on the other hand, submitted that there is absolutely no merit in the contention of the appellant. he highlighted the words in section 15 of the central act which provide that the tax shall be payable at the rate not more than four per cent. he would further submit that there is only one levy, ..... of the apex court in collector of central excise, hyderabad and ors. v. vazir sultan tobacco co. limited, hyderabad and ors. : 1996(83)elt3(sc) . section 37 of the finance act, 1978 provided for levy of special duty of excise in addition to the existing excise duties. the tribunal upheld the contention of the assessee that the goods purchased ..... subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify. section 15 of the central act enacts the restriction contemplated in article 286. it read as follows at the relevant time:15. restrictions and conditions in regard to tax on sale or .....

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