Court : Kerala
..... sts a.k.jayasankaran nambiar, j.------------------------------- w.p.(c).no.23947 of2014----------------------------------- dated this the 15th day of january, 2015 judgment the petitioner bank, which had financed the 2nd respondent through a car loan extended to him, resorted to sarfaesi proceedings against the secured asset when the 2nd respondent defaulted on the loan. accordingly ..... illegal.4. i must now consider the contention of counsel for the petitioner with regard to the inaction on the part of the 1st respondent to act on ext.p5 application submitted by him before the said respondent. the 1st respondent being a statutory authority has necessarily to consider and pass orders ..... copy of the letter dated1605.2012 issued by the bank to the first respondent. exhibit-p6: copy of the application dated0406.2013 submitted under right to information act by the petitioner. exhibit-p7: copy of the reply dated0207.2013 sent by the1t respondent to ext.p6. exhibit-p8: copy of the letter dated1908. .....
Tag this Judgment!Court : Kerala
..... sts a.k.jayasankaran nambiar, j.------------------------------- w.p.(c).no.23947 of2014----------------------------------- dated this the 15th day of january, 2015 judgment the petitioner bank, which had financed the 2nd respondent through a car loan extended to him, resorted to sarfaesi proceedings against the secured asset when the 2nd respondent defaulted on the loan. accordingly ..... illegal.4. i must now consider the contention of counsel for the petitioner with regard to the inaction on the part of the 1st respondent to act on ext.p5 application submitted by him before the said respondent. the 1st respondent being a statutory authority has necessarily to consider and pass orders ..... copy of the letter dated1605.2012 issued by the bank to the first respondent. exhibit-p6: copy of the application dated0406.2013 submitted under right to information act by the petitioner. exhibit-p7: copy of the reply dated0207.2013 sent by the1t respondent to ext.p6. exhibit-p8: copy of the letter dated1908. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1976Ker65
..... 1st respondent and the petitioner in the o. p. is the 2nd respondent herein.2. the only question to be considered is whether the calicut university act, 1968, for short, the act, enabled the vice-chancellor to deal with the representations exta p-3 and p-5. learned counsel appearing for the regional engineering college contended that the ..... that administered the college. that body is a registered society aad it has not been established that this society is not an autonomous body in the matter of finance or administration. we therefore hold with the learned judge la the judgment under appeal that the appellant is a private college within the meaning of the expression ..... affiliated to the university;' 8. our attention was also drawn to the decision of the supreme court in s. azees basha v. the union of india, air 1968 sc 662 and the passages dealing with the discussion of the scope of the expression 'establish and administer educational institution of their choice' occurring in article 30 of .....
Tag this Judgment!Court : Kerala
Reported in : [1990]69CompCas427(Ker)
..... exhibit d-24, counselled prompt action. it states :'payments along with the receipted challan for cash deposit of bank guarantee should be promptly sent to the ministry of finance, department of economic affairs, economic aid branch, new delhi (attention of p. c. jain)'.12. this is yet another circumstance indicating urgency. exhibit d-1 ..... the direct consequences of his neglect, want of skill or misconduct. the company would say, and rightly too, that the bank committed breach of its obligations, acting negligently and without the skill possessed by persons in similar business. it is further contended that the case on hand offers close analogy to illustration (a) to ..... to the suit, and the contention must fail.8. we shall now consider the understanding between the parties, the normal trade practices, whether the bank had acted with the reasonable care and diligence expected of an agent, and as to who between the parties was responsible for inviting the consequences of devaluation.9. the .....
Tag this Judgment!Court : Kerala
Reported in : [1974]93ITR406(Ker)
..... sale of yarn and having its registered office at alagappanagar, kerala state. the assessee entered into an agreement dated november 10, 1955, with kamala mills ltd., coimbatore, for financing and managing the assessee's mill at alagappanagar for a period of five years. a copy of the agreement is annexure 'a'. kamala mills ltd. was paid rs. 1 ..... as its manager.'18. the above provision positively disqualifies a firm, body corporate or association from being appointed or from continuing as manager of a company under the companies act, 1956. the effect of section 384 is to prevent a firm, body corporate or association from exercising the functions of a manager mentioned in section 2(24). to ..... status of kamala mills ltd. vis-a-vis the assessee during the relevant years for answering the question. in bhanji bagawandas v. commissioner of income-tax, [1968] 67 i.t.r. 18; [1968] 1 s.c.r. 17 (s.c.) ramaswami j. observed :'all that section 66(1) requires is that the question of law which is referred .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker343
..... legislature and members of parliament representing the state, persons having special knowledge of muslim law and representing associations referred to therein, persons having special knowledge of administration, finance or law, and mutawailis of wakfs situate within the state.28. section 15 deals with the functions and powers of the board. in particular, under section 15 ..... civil procedure, to sire the appellant and the other trustees respondents 4 to 9, is maintainable, in view of section 55(2) of the wakf act, 1954, central act xxix or 1954. the circumstances under which the appeal arisesmay be briefly indicated. respondents 2 and 3 filed an application before the district collector of trichur, ..... under article 226 of the constitution for quashing the order of a collector overruling his objection that in view of section 55(2) of the wakf act (central act 29 of 1954) the collector had no jurisdiction to proceed with the inquiry into an application made by respondents 2 and 3 for leave to .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker303; 2006(4)ARBLR299(Kerala); 2006(2)KLT917
..... rules of arbitration.8. apex court in bhatia international's case, supra had occasion to consider the impact of the provisions of the arbitration and conciliation act, 1996 in the matter of international commercial arbitrations governed by the icc rules of arbitration. that was a case where icc had already appointed a sole ..... of the procedure laid down by the international chamber of commerce, petitioner has got the legal right to invoke section 9 of the arbitration and conciliation act and consequently counsel submitted that the court below is justified in granting the interim order of injunction. referring to other terms of contract counsel submitted that ..... initiating the arbitration proceedings petitioner has got a legal right to invoke section 9 of the arbitration and conciliation act. in support of his contention, counsel placed reliance on the decision of the apex court in sundaram finance limited v. nepc india limited : [1999]1scr89 . counsel also submitted as per the terms of the .....
Tag this Judgment!Court : Kerala
Reported in : (1993)ILLJ580Ker
..... medical benefit council. chapter iii provides for finance and audit. section 26, in particular, provides for the establishment of a fund called the employees' state insurance fund into which all contributions paid under the ..... chapter ii provides for the establishment of the employees' state insurance corporation for administering the scheme of employees' state insurance in accordance with the provisions of the act. the corporation is to be a body corporate having perpetual succession and a common seal there are detailed provisions for the constitution of a standing committee and a ..... actually any violation of any of the service conditions, the workmen have remedy under the industrial disputes act.11. the act was originally made applicable to employees drawing a salary upto rs. 400/- and gradually it was increased to rs. 500/- in 1968, to rs. 1,000/- in 1975, to rs. 1,600/- in 1984 and rs. .....
Tag this Judgment!Court : Kerala
Reported in : [1987]67STC239(Ker)
..... kill insects are known as insecticides; agents that kill fungi are known as fungicides.(encyclopedia americana, vol. 21, page 656)as per section 31 of the insecticides act, 1968, insecticide is defined to include any substance specified in the schedule. copper-sulphate is an item listed in the schedule for the purpose of section 3(e) of the ..... have no hesitation to hold that the appellate tribunal was justified in holding that copper-sulphate is a pesticide as specified in the first schedule, entry 55 of the act. on this basis, the 2nd sales by the respondent will be eligible for exemption. the appellate tribunal was justified in holding so.no interference is called for with ..... the assessment was confirmed in appeal. the appellate tribunal accepted the plea of the respondent that copper-sulphate is a pesticide coming within schedule i, entry 56 of the act as it stood at the relevant period, and the sales by the respondent being the second sale, it is exempt from tax. the revenue has come up in .....
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Reported in : 2003(3)KLT777
..... 9 either before arbitral proceedings or during arbitral proceedings or after the making of the arbitral award but before it is enforced in accordance with section 36 of the act.'in this case, arbitrators were appointed and both parties have agreed for arbitration. therefore, section 9 is applicable.6. the power of the court to make interim ..... ltd. (air 1999 sc 565) that an interim order under section 9 can be passed even before the commencement of arbitration proceedings. if it is after receipt of notice under section 21 of the act provided there is an agreement for arbitration. apex court held ..... section 17 of the 1996 act. power of the court under section 9 is a statutory power and not emanating from the arbitration agreement.5. the first question to be considered is whether section 9 can be invoked as arbitration proceedings were not started in this case. it was held by the apex court in sundaram finance ltd. v. nepc .....
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