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 .....
Tag this Judgment!Court : Kerala
Decided on : Mar-29-2006
Reported in : 2006(2)KLT965
..... a question arose whether the high court would not fall within the term 'authority' and the remedy of the appellant lies in seeking a reference under section 10 of the industrial disputes act, in the light of any dispute which arose, in regard to the number of years they have worked. this was found to be a disputed ..... . chief commercial supdt. 1988 (1) klt sn 14 case no. 28 a division bench of this court held that after notification is issued under section 10 of the contract labour (regulation & abolition) act, 1970, the displaced persons do not get any statutory right for absorption in regular service of their employment. in pankaj gupta and ors. v. ..... . the workers placed reliance on the following paragraphs:125(6): if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other work .....
Tag this Judgment!Court : Kerala
Decided on : Mar-30-2006
Reported in : AIR2006Ker362; I(2007)DMC116; 2006(3)KLT763
..... by a legal practitioner as of right. i therefore first of all take note of the fact that considering the purpose and object of section 13 of the family courts act, the relevant act in the instant case - that of applying for a certified copy and obtaining a certified copy must be permitted to be performed through the ..... inconvenience and loss would result if personal appearance or an application by him were insisted.12. i am, in these circumstances, of the opinion that section 13 of the family courts act read with rules 9 to 11 of the family courts (procedure) rules certainly confers discretion on the court to grant permission to a party to be ..... has a laudable motive behind it. application of the statutory provision without understanding and comprehending the rationale behind the statutory provision would not be proper. section 13 of the family courts act only says that no party to a suit or proceeding before the family court shall be entitled, 'as of right', to be represented by a .....
Tag this Judgment!Court : Kerala
Decided on : Mar-31-2006
Reported in : AIR2006Ker300
..... ' means any land which immediately before the 10th day of may, 1971 was a private forest as defined in the kerala private forests (vesting and assignment) act, 1971.explanation ii to section 5(1) states that 'private forest' means any land which immediately before the 10th day of may 1971 was a private forest as defined in the kerala ..... view to regulate the felling of trees available in the area the notification was issued for regulating the felling of trees as per section 5 of the act. it is also stated that section 5 of the act empowers the government to restrict felling of trees with a view to preserve tree growth in private forests or in the cardamom hill ..... writ of certiorari to quash exts. p7 and p8 notifications issued by the government of kerala in exercise of the powers conferred by sub-section (1) of section 5 of the kerala preservation of trees act, 1986 directing the petitioner not to cut trees mentioned in the areas specified in the schedule thereto except on the ground that the .....
Tag this Judgment!Court : Kerala
Decided on : Apr-03-2006
Reported in : (2008)12VST144(Ker)
..... lest the assessment proceeding would get barred by limitation by march 31, 2006. it is against the abovementioned order the assessee preferred appeal under section 34 of the act before the appellate authority and also filed petition for stay in form 39c. the assessee urged the following grounds, seeking an order of stay: ..... such circumstances the assessing authority rejected the returns as incorrect and incomplete.5. the assessing authority issued pre-assessment notice dated december 28, 2005 under section 17(3) of the act which was duly served on the assessee on december 30, 2005. the assessee has neither produced the books of account, nor filed objections against ..... during sabarimala season. the assessee has also not submitted audited statement of accounts and certificates in form nos. 50a and 50b as per section 27a of the kerala general sales tax act, 1963. turnover conceded during the year 2001-02 through the monthly returns was not proved with evidence including books of account. under .....
Tag this Judgment!Court : Kerala
Decided on : Apr-04-2006
Reported in : 2006(2)KLT848; (2006)IIILLJ414Ker
..... is whether labour court, ernakulam has got jurisdiction to pass interim orders while adjudicating a dispute referred by the government under clause (d) of sub-section (1) of section 10 the industrial disputes act, 1947.2. government of india referred the following dispute to the labour court, ernakulam for adjudication.whether the industrial dispute raised by bharath petroleum corporation ..... 1953 ii llj 544 we are of opinion that where the tribunal is dealing with an application under section 33a of the act and the question before it is whether an order of dismissal is against the provisions of section 33 it would be wrong in law for the tribunal to grant reinstatement or full wages in case ..... before the apex court was that even if the tribunal has got power under section 10(4) of the act, to grant interim relief of the nature granted in that case, it can only be done by submitting an award under section 15 of the act. in that case apex court held that it was unnecessary to decide whether .....
Tag this Judgment!Court : Kerala
Decided on : Apr-05-2006
Reported in : 2008(1)KLJ581
..... force of law, or under the provision of any substantive law entitling the plaintiff to recover interest. that was case where the claim was based on section 70 of the indian contract act. the division bench held that there was no justification for the award of interest from the date earlier than the date of suit.4. in r ..... could be awarded on the compensation under the land acquisition act for a period prior to the notification under section 4(1) of the act. it was held that the scheme of the act does not contemplate taking over possession prior to the issuance of notification under section 4(1) of the act and if possession was taken prior to the said ..... notification it was dehors the act and without any authority of law. in .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Decided on : Apr-07-2006
Reported in : 2006(202)ELT392(Ker)
..... fine of rs. 6 lakhs. further a penalty to rs. 2 lakhs was also imposed under section 112 of the customs act, 1962. aggrieved by the said order matter was taken up before the cestat. cestat allowed the appeal vide its order dated 11-5-2005.3. tribunal took the ..... /e 154419, dated 25-1-2005 should not be confiscated and penalty imposed. a show cause notice dated 25-2-2005 was therefore issued to the importer under section 124 of the customs act, 1962. reasons for issuing such show cause notice has been specifically stated in the notice. we may extract the reasons for easy reference.as per para 2.17 ..... rejected the arguments raised on the side of the importer and decided to confiscate the used photocopiers covered under b/e no. 154419, dated 25-1-2005 under section 111(d) of the customs act, 1962. commissioner also determined the assessable value of rs. 19,20,474/- and was given option to the importer to redeem the same on payment of a .....
Tag this Judgment!Court : Kerala
Decided on : Apr-07-2006
Reported in : AIR2006Ker260; 2006(2)KLT581
..... nature, and called for strict interpretation. a decree for recovery of possession with mesne profits cannot be characterized as a money decree within the meaning of section 10 of the act. legislature in its wisdom wanted to prohibit attachment of immovable properties only in execution of 'money decree' but not in respect of other decrees like ..... of scheduled tribes in the state of kerala and for the restoration of possession of lands alienated by such members and for matters connected therewith. section 10 of the act says that for the execution of a money decree against a member of a scheduled tribe, no right or interest held by him in any immovable ..... decree but did not pay the mesne profits decreed. when execution petitions were preferred for recovery of mesne profits contention was raised claiming benefit of section 10 of the act. executing court took the view that mesne profits mean money and that portion of the decree is quite independent of the decree granting recovery of possession .....
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