Court : Kerala
..... after due consideration. one of the issues framed by disaster management authority was, whether it is a threatening disaster situation warranting action under section 34 sub section (k) of the 2005 act. the following findings have been recorded by the authority. the executive engineer irrigation division, thiruvananthapuram in his report no.d6/1678/15 ..... that the canal is a government canal. 22. learned advocate general has in this context referred to section 3 of the kerala land conservancy act, 1957. section 3 of the act defines the property of the government. section 3 (1) of the act is as follows : 3. property of government defined.- (1) all public roads, streets, lanes and ..... is in an extremely precarious condition since the mortar and plastering of the brickwork has disintegrated, having long outlived its expected life span ending in 1970 and that the said underground conduit is likely to collapse at any time, particularly in the context of the increased flow of storm water caused by .....
Tag this Judgment!Court : Kerala
..... apex court considered the scope of jurisdiction of a company court when being called upon to sanction a scheme of amalgamation as per the provisions of section 391 read with section 393 of the act. it was held therein that when a scheme is put forth by a company for the sanction of a court, at the first instance, the ..... issue of `bonus shares' from the revaluation reserve is permissible in terms of the provisions under section 205(3) of the act. in support of the said contention they relied on a decision of the hon'ble apex court in bhagawati developers v. peerless general finance and others ((2005) 62 scl 574 (sc)). they have also stated to the effect ..... that the share holders and creditors were satisfied with the opinion of the legal advisor. in the light of the decision in bhagawati developers' case (supra) and also in the light of the provisions under section 205(3) of the act the issue of .....
Tag this Judgment!Court : Kerala
..... of india v. bombay tyre international ltd. [(1983) 4 scc 210]. tracing the principles from the leading authority of a reference under the govt. of ireland act, 1920 and section 3 of the finance act (northern ireland) 1983, re[1936 ac 352] passing through ralla ram v. province of east punjab [1948 fcr 207] and treading through the law as ..... guest house, etc. in relation to providing for accommodation for a continuous period of less than three months as included in the finance act, 1994 under sub-clause (zzzzw) of clause 105 of section 65 of the finance act, 1994 as it stood then. the challenge was on the question of union parliament having trenched upon the power of the state ..... for collection of the service tax subject to the maintenance of a rational connection between the tax and the person on whom it is imposed. by sections 116 and 117 of the finance act, 2000, the tax is sought to be levied on the recipients of the services. they cannot claim that they are not connected with the service .....
Tag this Judgment!Court : Kerala
..... passed by the managing committee of a society. evidently, the power conferred on the registrar or his delegate is a species of subordinate legislation. section 69 of the act, on the other hand, provides for the dispute resolution mechanism involving the quasi-judicial authorities service disputes included. 23. a co-operative society ..... a society or a third party questioning any aspects of service (employment) in the society shall approach only the co-operative arbitration court under section 69 of the act. expressed in the negative, the question of a private person approaching the registrar or the employer, the very society, complaining against the appointment ..... , on the issue of prior hearing or following the principles of natural justice, the judicial thinking in service matters has undergone a significant change. till early 1970s, the courts held the view that as the nature of employment was contractual; illegal termination, even without hearing, could only entail an employee to damages. .....
Tag this Judgment!Court : Kerala
..... mortgage so as to bind the land. such a state of things is, of course, theoretically possible, but it is inconsistent with the provisions of the act (which in sections 81, 82, 91 and 94 recognizes second mortgages) and with the possibility, well established in india, of transferring the right of redemption to a purchaser. ..... from the said person, the respondent bank cannot be compelled to return the documents to the petitioner. the learned counsel has drawn my attention to section 60a of the act. according to the learned counsel, any such precipitous step of returning the documents would further entangle the bank in needless litigation. 10. it ..... took loans from the second respondent, a primary housing co-operative society, by depositing their title deeds as security. as it emerges, initially, the second respondent obtained finance from the third respondent, the apex co-operative housing federation, and, out of that amount, it extended the loans to the petitioners. for refinance, the second .....
Tag this Judgment!Court : Kerala
..... to honour an interim order. the court has to follow the procedure for execution of the decree. the enforcement in relation to foreign award under section 48 of the act 26 of 1996 is a prerequisite satisfaction for execution of the foreign award. it is only after satisfying that the award is enforcible, the court ..... in sri krishan's case (supra) is not a complete solution. the commission made the following suggestions: the commission has, therefore, recommended amendments to section 17 of the act which would give teeth to the orders of the arbitral tribunal and the same would be statutorily enforceable in the same manner as the orders of a ..... these writ petitions is regarding enforcement of the interim order issued under section 17 of the arbitration and conciliation act, 1996 (act 26 of 1996) as amended by the act 3 of 2016, by the arbitral tribunal. 2. the writ petitioners have availed vehicle loans from finance companies, which have been arrayed as party respondents in the writ petitions .....
Tag this Judgment!Court : Kerala
..... (b) the circle co-operative union if the bye-laws that are to be amended are that of any other society; and (c) the financing bank if the society is indebted to the financing bank. section 12(2) provides that the conditions which were required to satisfy the registration of the bye-laws shall mutatis mutandis apply to the registration of amendments ..... 3rd respondent applied to the registrar for sanction under s.6 of the act for the registration of the proposed society. that application was rejected by the registrar by an order passed on 11th may 1970 on the ground that the bank if formed cannot work as a viable unit. an appeal was thereupon filed by the 3rd respondent before ..... the state government under s.83(1) of the act challenging the said order passed by the registrar and it is on .....
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..... the root of the matter, subsequently his attaining the age of eighteen would not cure the defect. 5. the learned counsel has also contended that section 16(3) of the kerala co-operative societies act ('the act') mandates that no person shall be admitted as a member before he attains the age of eighteen years. 6. in elaboration of his submissions, the ..... society becomes ineligible to continue as such, the registrar may of his own motion or on a representation made to him by any member of the society or by the financing bank, by an order in writing declare that he has ceased to be a member of the society from the date of his order. the registrar shall give such ..... the said order, the petitioner has filed the present writ petition. 3. the learned counsel for the petitioner has submitted that the second respondent was born on 01.10.1970, and by 26.08.1986, when he became a member, the second respondent was admittedly sixteen years old. to establish that the second respondent was a minor at the .....
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..... to be legally pleaded and proved in this case is that madhavan was born to krishnankutty through valliamma in a lawful wedlock. the question of attracting section 11 or section 16 of the act does not arise in this case going by the pleadings and evidence. therefore, viewing from this angle also, the reference was unnecessary. 21. ..... against the legal principles stated in narayani's case. on a careful examination, we are unable to find any incongruity or irreconcilability between these decisions. 10. section 16 of the act, as it stood originally, read as follows: 16. legitimacy of children of void and voidable marriages: where a decree of nullity is granted in respect ..... two types of marriages are dealt with in section 16 of the act. well settled principle of interpretation of statute is that the intention of the legislature must be found in the words used by the legislature itself. supreme court in reserve bank of india v. peerless general finance and investment co.(air 1987 sc 1023) held: .....
Tag this Judgment!Court : Kerala
..... is barred by limitation, can invoke the extraordinary jurisdiction under article 226. that was a case in which the petitioner was imposed with penalty under section 78 of the finance act, 1994. the petitioner could not file an appeal within the prescribed period of three months or within the period for which the authority has power ..... respondents have not taken up the original orders imposing penalty in appeals before the appellate authority within the maximum period prescribed under s.85(3) of the finance act, 1994, they cannot get the appeals revived and heard on merits by resorting to the discretionary remedy before this court under article 226 of the constitution of ..... has to be verified whether the reasons 5 to 8, 18 and 19 come within the area of consideration of the panchayat in terms of section 233 of the act. section 233 of the act reads as under: 233: permission for the construction of factories and the installation of machinery no person shall, without the permission of the .....
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