Court : Kerala
Decided on : Aug-01-2003
Reported in : 2003(3)KLT583
..... in crime no. 116/03.10. the main ground taken in the writ petitions is that possession of rectified spirit is not an unlawful act and therefore section 55(a) of the act is not attracted to the facts of the case. it is submitted by the learned counsel for the petitioners that in the above view of ..... or conditionally the possession of rectified spirit, unlike 'arrack' the possession, manufacture, storage, etc. of which is prohibited in absolute terms and made punishable under section 8 of the act, is not unlawful. it was submitted that rectified spirit as such is not a potable liquor and does not come within the definition of arrack. ext. p6 ..... person or institution other than a licensed or government owned distillery shall possess rectified spirit in excess of the quantity prescribed by the government by notification under section 13 of the act, except under and in accordance with the terms and conditions of a licence issued under these rules. (provisos omitted). rule 15 of the aforesaid rules .....
Tag this Judgment!Court : Kerala
Decided on : Aug-01-2003
Reported in : 2003(3)KLT610; [2005]139STC168(Ker)
..... emerges as a commercially different commodity with its own price-structure, utility and other commercial incidents and that there was in that sense a 'manufacture' within the meaning of section 2(f), even as unamended'. the supreme court in aditya mills ltd. v. union of india (air 1988 sc 2237) with reference to the principles laid down in ..... commissioner of commercial taxes, thiru vananthapuram to consider the petitioner's application for sales tax exemption afresh as provided under section 59a(1)(e) of the k.g.s.t. act, 1963 by complying with the procedure provided in sub-section (2) thereof and to take a decision whether the petitioner's product viz., 'chemically treated rubber wood' satisfies ..... units are eligible to get sales tax exemption for a period of seven years in respect of tax payable by such units under the kerala general sales tax act on the turnover of sale of goods manufactured and sold by them within the state and on the turnover of goods taxable at the point of last purchase .....
Tag this Judgment!Court : Kerala
Decided on : Jul-29-2003
Reported in : 2003(3)KLT954
..... j.1. writ petitioner did not succeed at the original stage. therefore this writ appeal.2. two points are raised in this appeal.i. whether section 64 of the kerala university act can be applied to non-teaching staff of private colleges. ii. even if it can be applied, whether the option to continue in a particular ..... university will affect the promotion, based on the common seniority list originally prepared by the respective management. 3. section 63 and 64 appear in chapter viii. section 63 provides ..... a college affiliated to kerala university cannot aspire, to be transferred merely because he once figured as a senior in the common list prepared based on sub-section (1) of section 64. subsequent to the allotment, the efficiency of that list ceased and consequently it will not have any operative force.7. transfer is defined in part .....
Tag this Judgment!Court : Kerala
Decided on : Jul-29-2003
Reported in : 2003(3)KLT353
..... accepted. the provision of article 243 does not debar the telephone regulatory authority or the respondents from laying down a criterion and providing a concessional rate of rent to a section of the society. it is known that conditions of life in rural areas are not as good as those in villages or rural areas. the urbanites get the most of ..... grant of concessional rate to the rural subscribers, they cannot complain of discrimination.6. the fixation of telephone tariff is primarily a question of policy. the parliament has by an act constituted the telecom regulatory authority. it consists of experts in the field of telecom, engineering and finance etc. the matter is considered by experts. the court cannot interfere with the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2003
Reported in : 2004(1)KLT21
..... the document, its execution may be proved by other evidence'.here pw1 who was the only attesting witness alive was called (summoned as witness). therefore, obligation under section 68 of the evidence act was complied with. of course, he denied the execution of the will. then the question is whether proper attestation was proved by other evidence, despite denial by ..... validity of the will from the circumstances of the case taken as a whole. the leading decision on this point is the decision in the case of wright v. sanderson (1884 (9) p.d. 149, 163)'. in the light of these weighty pronouncements with which we respectfully agree we are entitled to look into the whole circumstances of this case ..... , as was pointed out by this court in sibo sundari debt v. hemangini debt (1900 (4) cwn 204) on the authority of wright v. sanderson, sanderson, in re (1884 (9) p.d. 149=53 l.j.p. 49); every presumption will be made in favour of due execution and attestation in the case of a will regular on the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2003
Reported in : 2003(3)KLT562
..... . the crucial point to be considered in this case is as to whether daughter-in-law will come within the expression of family dependent of the landlord under section 11(2) of the act. learned single judge of this court in muhammad and ors. v. sinnamatu amma (1977 klt 795) held that the expression 'family' has to be given ..... sahai bangia v. r.c. bhasin ((1982) 2 scc 210). the apex court has examined the scope of the expression 'family' within the meaning of section 14(1) of the delhi rent control act, 1958. the apex court referred to the dictionary meaning of the word 'family' which appears in webster's third new international dictionary, chambers twentieth century ..... from 4.6.1995. though demand was made rent was kept in arrears by the tenant. consequently petition was preferred under section 11(2) for arrears of rent. eviction was also sought for under section 11(3) of the act. landlord's daughter-in-law by name kusum menon is an ayurvedic medical practitioner. she is the wife of landlord' .....
Tag this Judgment!Court : Kerala
Decided on : Jul-22-2003
Reported in : AIR2004Ker295
..... are admitted there for b. ed., will not get employment in the government, or university establishments or in other aided institutions as provided under section 17(4) of the act. section 17(4) is already held to be valid by the apex court in shah goverdhan's case (air 2002 sc 3675) (supra). we ..... the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith.'teacher education' is defined in section 2(1) of the act which reads as follows :'teacher education' means programmes of education, research or training of persons for equipping them to teach at pre-primary, ..... above case the supreme court has considered the definition of 'technical institution' as defined under all india council for teachers education act, 1987. technical institution' was defined under section 2(h) of the act as follows :''technical institution' means and institution, not being a university, which offers courses or programmes of technical education, and .....
Tag this Judgment!Court : Kerala
Decided on : Jul-22-2003
Reported in : 2004(1)KLT319; (2004)IILLJ171Ker
..... to the concerned employees. it is submitted that this forms part of other allowances, and therefore, excluded from the wages in terms of the definition as contained in section 2(s) of the act. to substantiate this contention, much reliance has been placed on the decision of the supreme court reported in t.i. cycles of india, ambattur, chennai v. m.k ..... .7. the wages to be reckoned for the purpose of calculating gratuity shall be considered in the light of the definition to that term contained in section 2(s) of the act, which reads as follows:-'section 2(s): 'wages' means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of ..... -kilo wages payable in terms of ext. p3 in o.p. no. 11470/93 (w.a. 2255/2002) will form part of the wage element as defined in section 2(s) of the act. when we take that view, necessarily, we have to set aside the view taken by the appellate authority in ext. p2 in o.p. no 5547/1993. accordingly .....
Tag this Judgment!Court : Kerala
Decided on : Jul-22-2003
Reported in : [2004(101)FLR115]; (2004)ILLJ550Ker
..... to the concerned employees. it is submitted that this forms part of other allowances, and therefore, excluded from the wages in terms of the definition as contained in section 2(s) of the act. to substantiate this contention, much reliance has been placed on the decision of the supreme court reported in t.i. cycles of india, ambattur, chennai v. m ..... decision.7. the wages to be reckoned for the purpose of calculating gratuity shall be considered in the light of the definition that term contained in section 2(s) of the act, which reads as follows:'section 2(s): 'wages' means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions ..... the overkilo wages payable in terms of exhibit p3 in o.p.no. 11470/1993 (wa. 2255/2002) will form part of the wage element as defined in section 2(s) of the act. when we take that view, necessarily, we have to set aside the view taken by the appellate authority in exhibit p2 in o.p.no. 5547/1993. .....
Tag this Judgment!Court : Kerala
Decided on : Jul-17-2003
Reported in : 2003(3)KLT247
..... to be considered as a taxi stand, but the user of the place is to be let open to all persons. the rules have been framed with reference to section 227 of the act, and what is contemplated is public landing places, halting places and cart stands, including stand for vehicles of any description. the taxi operators are not to be treated ..... the objection referred to in rule 3 is to be reckoned, in view of the specific rule viz., rule 5 when we read it along with the proviso to section 227 of the act. in the case of motor vehicles, a public notice therefore does not appear to be required. however, since in this case all formalities scrupulously have been carried out ..... appears to have overlooked the mandate of the rules, when the place is described as a taxi stand. such a reservation is not warranted by the act or rules. it can also be seen that the act and rules referred to publication and permission of the r.t.a., since the definition of vehicles include stage carriage also. in the matter of .....
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