Court : Kerala
Decided on : Oct-26-2006
Reported in : 2007(1)KLT267
..... the tribunal was that the karukutty railway station road on the side of which, construction has been taken up, is a road for the purpose of section 220(b) of the act. the petitioners contend that the above contention is untenable and that the panchayat only took a provisional decision to declare the road as a public road ..... 3 of the kerala panchayat raj (manner of publication of notification or notice) rules, 1996 notifying the same as a public road for the purpose of section 220(b) of the act.2. ext. p4 order passed by the 3rd respondent-karukutty gramapanchayat directing demolition of a newly constructed building as well as ext. p8 order passed by ..... door of the building, they were served with ext. p4 order-cum-notice, alleging that the construction is in violation of the distance rule provided under section 220(b) of the panchayat raj act. to ext. p4, the petitioners submitted ext. p5 objections. they became constrained to prefer an appeal against ext. p4 before the tribunal since the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-26-2006
Reported in : 2006(4)KLT730
..... insurance court, palakkad, for short, the 'e.i.court', was as to whether holiday wages will amount to wages within the meaning of section 2(22) of the employees' state insurance act, 1948, hereinafter, the 'esi act', for short. the e.i.court, following the decision of the full bench of this court in e.s.i. corporation v. malabar cashewnut ..... was as to whether the additional remuneration paid to employees under the kerala industrial establishments (national and festival holidays) act, 1958, hereinafter, the 'holidays act', will come within the definition of 'wages' as defined in section 2(22) of the esi act. when the appeal came up for final hearing on 16-10-2001, it was submitted on behalf of the ..... was made to the 16th edn. of mulla on the code of civil procedure, 1908 wherein it is recorded that (1) in amrit lal v. madho das (1884) 6 all 292 it was held that where a decree is based upon a decision of a division bench of the high court, and that decision is subsequently overruled by .....
Tag this Judgment!Court : Kerala
Decided on : Nov-06-2006
Reported in : 2006(1)KLJ39
..... zone shall be deemed to be a port airport insland container depot, land station and land customs stations, as the case may be under section 7 of the customs act, 1962. under section 11, the central government is to appoint an officer below the rank of deputy secretary to the government of indiaas the development commissioner of one ..... .5. now, i shall deal with the contentions of the parties in the light of the above provisions. the primary contention of the petitioner is that section 12 of the act does not confer any power on the development commissioner to issue a circular like ext. p1. according to him, his power to regulate issue of identity ..... of such special economic zone, in such form and containing such particulars as may be prescribed.4. in exercise of the powers conferred under section 55 of the special economic zones act, 2005 the central government has made the special economic zones rules 2006. under rule 11 the development commissioner is the authority for demarcating the .....
Tag this Judgment!Court : Kerala
Decided on : Nov-06-2006
Reported in : (2007)10VST90(Ker)
..... of landing of goods and other matters for considering the question. besides this, the petitioner has claimed that the appropriate state for assessment under section 9(1) of the cst act is the state wherefrom the movement of the goods took place. according to the petitioner the goods were imported to port outside kerala, which ..... arising from the order of the tribunal for the year 1995-96 is whether the tribunal was justified in confirming disallowance of exemption claimed under section 5(2) of the cst act on supply of imported goods to the purchaser, ntpc (national thermal power corporation). on going through the tribunal's order, we find that the ..... purchaser also being a government company would have made provision for payment of tax along with the price or otherwise understanding about exemption available under section 5(2) of the central sales tax act, 1956. therefore, it was necessary for the tribunal to have seen the contract between the parties. secondly, the bill of entry would .....
Tag this Judgment!Court : Kerala
Decided on : Nov-08-2006
Reported in : 2006(4)KLT936
..... to maintain his child sans abnormalities in his character which will make him otherwise unfit, may have a better claim for custody by reason of the provisions contained in section 6 of the act. what we suggest is that the rights of a natural guardian who is designated as the guardian may be one of the factors to determine the welfare of ..... the court is satisfied that it is for the welfare of a minor, it may appoint a guardian of his person or property or both. he refers to section 17 of the said act and urges that while appointing or declaring the guardian of a minor, the court is to be guided by what is in consistency with the law to which ..... minor who has not completed the age of five years can be with the mother. that is not the case here. of course, he also refers to section i 3 of the said act, where the statute provides that welfare of a minor always is to be the paramount consideration, in the matter of appointment or declaration of a person as guardian .....
Tag this Judgment!Court : Kerala
Decided on : Nov-09-2006
Reported in : (2008)2CompLJ314(Ker); [2007]75SCL569(Ker)
..... law further appeal can be filed before the high court. then the question is what are the powers given to the clb under the companies act? section 10 of the act deals with constitution of company law board. section 10e (1), (1 a) and (4b) to (4d) reads as follows:10e. constitution of board of company law administration.-(1) as ..... , on the other hand, argued that the court need not be a court established under the code of civil procedure especially in view of section 29(2) of the limitation act. section 29(2) of the limitation act reads as follows:29. (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different ..... the order; or(b) direct rectification of the register and also direct the company to pay damages, if any, sustained by any party aggrieved.(6) the tribunal, while acting under sub-section (5), may, at its discretion, make-(a) such interim orders, including any orders as to injunction or stay, as it may deem fit and just;(b) such .....
Tag this Judgment!Court : Kerala
Decided on : Nov-14-2006
Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)
..... view radio service v. laxmibai ramp and anr. : air1990sc2156 .8. how notice should be given for annual general body meeting is provided in the act: see section 172(2) and section 53 of the act. section 53(1) and (2) reads as follows:53. service of documents on members by company-(1) a document may be served by a company on ..... become final.5. before dealing with grounds urged in the appeal and correctness of the order of the board, we will consider the scope of section 397. section 397 of the companies act reads as follows:397. application to tribunal for relief in cases of oppression-(1) any members of a company who complain that the affairs of ..... was separate resolution for election of each directors and shareholders by separate ballot. minutes book is only a summary of proceedings as can be seen from section 193 (2) of the act.13. another ground taken for re-appointing the retired directors on the theory of 'legitimate expectation' is more interesting. the company law board observed as .....
Tag this Judgment!Court : Kerala
Decided on : Nov-16-2006
Reported in : 2008ACJ51
..... be due to defective materials, imperfect drawing, bad maintenance or by external causes. in any of these circumstances, respondents may not be justified in contending that the mishap is by act of god. this is because accepted safety measures can de-energise the lines. it is not as if there are no parameters prescribed for resorting to safety measures for avoiding .....
Tag this Judgment!Court : Kerala
Decided on : Nov-21-2006
Reported in : II(2007)BC488; 2007CriLJ1120
..... . p1 cheque. respondent issued ext. p8 reply denying his liabilities. hence the complaint alleging that respondent committed offences punishable under section 138 of the negotiable instruments act and section 420 of indian penal code.3. when respondent appeared before learned magistrate copies of relevant documents were furnished to him. after ..... recording statements of complainant and witnesses charges under section 138 of the negotiable instruments act and section 420 of indian penal code were framed against respondent. charges were read over and explained to him. he understood the same ..... to disprove the prosecution case. it was held as follows:applying the said definitions of 'proved' or 'disproved' to principle behind section 118(a) of the act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either .....
Tag this Judgment!Court : Kerala
Decided on : Nov-23-2006
Reported in : 2007(1)KLT20
..... puts himself under an obligation to pay a sum of money to another on condition that the obligation shal 1 be void if some speci fie act is, or is not, performed is a bond. the only question to pose is, has the executant of the instrument put himself under an obligation ..... created and it is immaterial whether the promise relates to any pre-existing liability or obligation and in the absence of any other definition in the act, an agreement can be understood as one envisaged in the contract and thus a bond can be distinguished from an agreement on the aforesaid premise ..... definition of bond in sub-clause (1) of clause (a) of section 2 of kerala stamp act, held as follows:para 20 : in our view, the definition of bond in sub-clause (1) of clause (a) of section 2 of kerala stamp act, is clear and unambiguous. it must be read as it stands, nothing ..... is quashed. ext. p1 agreement is not a bond, but an agreement. it is sufficiently stamped and cannot be impounded under section 37 of kerala stamp act. .....
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