Court : Kerala
..... that he intends to use the vehicle in connection with his business. in the above circumstance, the definition of 'goods carriage' and 'transport vehicle' in sub sections 14 and 47 of section 2 of the motor vehicles act, 1988 assumes significance. (14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any wp(c .....
Tag this Judgment!Court : Kerala
..... and also for producing the documents.5. arguments have been heard.6. ext.p7 is the order passed by the assistant provident fund commissioner under section 7a of the act which would reveal that the enquiry was conducted on several days. however, referring to ext.p6, the learned counsel for the petitioner submitted that the ..... 2. : determine the quantum of contribution. the petitioner alleges that the quantum was fixed without deciding the question of applicability of the act before determining the quantum of contribution under section 7a of the act. his further case is that he was not given an opportunity to cross examine the enforcement officer and to examine his own witness ..... the allegations made mention of in the writ petition have been refuted. it was contended that the documents produced by the petitioner at the time of section 7a enquiry except the audited income and expenditure statement and the trust deed were forged documents which did not show the actual strength of employees in the .....
Tag this Judgment!Court : Kerala
..... public office, i.e., appointment to the post of director, which is under challenge, must be a post created under the statute. while referring to various sections, section 31 of the act was referred to wherein all members, officers and other employees of the authority shall be deemed to be public servants. in the light of such provision in ..... reads as under: "44. in the instant case, the power to appoint the managing director of the board is vested in the board under section 4(2) of the act. neither the act nor the rules prescribed any mode of appointment or tenure of appointment. when the mode of appointment, tenure of appointment have been left to the ..... as the legislature envisioned. keeping these principles in mind, we shall now consider what meaning has to be given to the expression "financial interest" in sub-section (2) of section 68 of the act." paragraph 16 of the judgment in the latter case reads as under: "16. a writ of quo warranto lies only when appointment is contrary to .....
Tag this Judgment!Court : Kerala
..... upon their eligibility to exercise franchise. such examination is best left to be carried on in a validly instituted election petition; if instituted.30. the petitioners' contention that section 69 of the act is not an alternative remedy in the present case is on the ground that the eligibility of members enrolled by the administrator to participate in the election, is no ..... ).no.4680 of 2014 are the erstwhile president and two director board members of the 5th respondent-society; which board of directors stood superseded under section 32 of the kerala co-operative societies act, 1969 (for short "the act"). the supersession is the subject of challenge in another writ petition, being w.p.(c).no.19811 of 2013, pending before this court.3 .....
Tag this Judgment!Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
..... is given to the complainant. 19. in so far as the power of this commission is limited to mandates provided in the cp act no order can be passed ascertaining the total built up area or saleable area as the case may be, since no deficiency in ..... money after due accounting of the same to her knowledge and satisfaction and to have the said deed registered and to do all acts deeds and things which may be necessary for conveying the property and registering the said property as fully and effectively in all respects ..... as price for excess area. from the copy of building permit and approved plan furnished to the complainant under the right to information act 2005 it is revealed that multi storied building having 6675.18 m area is constructed over 36.45 cents deviating largely from the plan ..... k. chandradas nadar : judicial member this is a complaint filed under section 17 of the consumer protection act. the allegations in the complaint are that the complainant was the owner in possession of an extent .....
Tag this Judgment!Court : Kerala
..... words unless that is at variance with the intention of the legislature or results in an obvious absurdity or repugnance. looking at the language of section 74b of the kcs act, no prohibition can be attributed; on the plain language employed in the provision. the petitioner, in the writ petition as also in the ..... a branch within the area of operation of the petitioner. the same was also sanctioned by exhibit p5. the petitioner would contend that as per section 74b of the kcs act, a wp(c).no.21280 of 2011 - 2 - district co-operative bank could open a branch in the area of operation of its ..... vinod chandran, j ----------------------------------------- w.p.(c).no.21280 of 2011-h ----------------------------------------- dated this the 21st day of march, 2014 judgment whether section 74b of the kerala co-operative societies act, 1969 (for short "kcs act") restricts opening of branches by the district co-operative banks in the area of operation of member credit societies; otherwise than on the .....
Tag this Judgment!Court : Kerala
..... from where the adulterated article was purchased by the food inspector. the offence alleged in the complaint sought to be quashed is one punishable under section 16 (1a) of the pfa act. the sentence prescribed for the said offence is a minimum of imprisonment for one year. however, the sentence may extent up to six years.3 ..... 2011 2 to the food inspector was found containing extraneous starch and lead chromate constituting adulteration as meant under clauses (c ) and (h) of section 2 (1) (a) of the pfa act. one of the accused is the principal offender, who sold the adulterated food article. the 2nd accused arraigned in the complaint is the licensee of ..... brought these two petitions with a prayer to quash the said prosecution on the ground that the said prosecution brought under section 16 (1a) of the prevention of food adulteration act, 1954 ( hereinafter referred to as 'pfa act' for short) is not legally sustainable.2. when these two petitions came up for hearing, nobody turned to make .....
Tag this Judgment!Court : Kerala
..... distribution - north), k.s.e.board, kozhikode.3. special officer (revenue), kerala state electricity board, vydhyuthi bhavan, pattom.p.o., thiruvananthapuram.4. the assistant executive engineer, electrical major section, feroke. by advs.sri.p.santhalingam (sr.) sri.s.sharan, sc, k.s.e.board sri.raju joseph (sr.) sri.k.t.paulose, sc, kseb respondents: petitioner in o ..... 6 in o.p.no.10833 of 1997 which was filed by the first respondent in this appeal.2. the first respondent is a company incorporated under the companies act, 1956 and engaged in the manufacture of iron bars and rods. by ext.p1 dated 06/9/1991, they obtained registration with government of india. thereafter by ext ..... the tune of power 4500 kv, on 31/12/1996. counsel also produced before us, certificate dated 20/3/1997 issued by the assistant executive engineer, electrical major section, ferok, certifying that the connected load 4402.10 kw with contract demand of 4500 kva was energized on 29/12/1996. w.a.no.581 of 2013 17 18 .....
Tag this Judgment!Court : Kerala
..... . sri. baby antos, parayil house, edamaruku p.o., pala - 686 652. by adv. sri.i.dinesh menon respondent(s): ---------------------------- 1. the assistant engineer, pwd road section, erattupetta - 686 101.2. the assistant engineer, pwd road section, kanhirappally - 686 507.3. the regional transport officer, kottayam - 686 002.4. the regional transport officer, kottayam - 685 603.5. the district police chief, kottayam - 686 ..... unauthorized humps which have been placed on the state highway-32 between erattupetta pmc hospital junction and nadakkal, erattupetta- thodupuzha as also erattupetta-kanhirappally. petitioners had applied for under the rti act for information as to whether the humps, seen in the said routes, have been sanctioned as required by the public works department. by ext.p2, the information officer had replied .....
Tag this Judgment!Court : Kerala
..... only. the fact that the petitioners moved the court of the district judge of ernakulam in arb.o.p.no.507/2013 for interim measures under section 9 of the act is highlighted.4. the respondent does not dispute the jurisdiction of this court to appoint an arbitrator even though it is asserted that the place of ..... arisen within its jurisdiction.5. i heard mr.babu paul, advocate on behalf of the petitioners and mr.anil s raj, advocate on behalf of the respondent.6. section 20 of the act is as follows:- "20. place of arbitration- (1) the parties are free to agree on the place of arbitration. (2) failing any agreement referred to ..... necessity for arbitration to resolve the dispute.3. the petitioners have thus filed this arbitration request seeking to appoint an arbitrator in terms of section 11(6) of the arbitration and conciliation act, 1996 ('the act' for short). the second petitioner contends that the place of arbitration should be ernakulam since the land involved in the dispute is within .....
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