Court : Kerala
Reported in : 1986CriLJ263
..... 1). on such a strict interpretation, only those orders would be revisable which are orders passed on the final determination of the action but are not appealable under chapter xxix of the code. this does not seem to be the intention of the legislature when it retained the revisional power of the high court in terms identical ..... finding that the order in this case purporting to be one under section 451 of the code is not an interlocutory order.13. in madhu limayes case air 1978 sc 47 : 1978 cri lj 165, what was decided was:ordinarily and generally the expression 'interlocutory order' has been understood and taken to mean as a converse of the ' ..... cease to be one such, and therefore revisable, only because the respondents had filed objections including those to the jurisdiction or competence of the sub-divisional magistrate to act under section 133 of the code, the revision if at all, would be not against the preliminary order, but only against a subsequent order either accepting or rejecting .....
Tag this Judgment!Court : Kerala
Reported in : 1986CriLJ470
..... 209 which deals with commitment lays down a common procedure for cases instituted on a police report or otherwise. thus an analysis of the provisions contained in chapters xv and xvi shows that it is not obligatory to examine witnesses either at the pre-cognizanee stage or at the pre-commitment stage.the self-same ..... question arose for consideration in sulaiman v. eachara warrier 1978 ker lt 424. a division bench of this court pointed outthere is nothing in the code prohibiting a magistrate after taking cognizance of an offence and ..... from the beginning to end. of course, there are minor discrepancies in their evidence regarding minute details of the incident including the sequence of events and overt acts. such discrepancies are possible even in the versions of truthful witnesses. in fact such discrepancies are inevitable. such minor discrepancies only add to the truthfulness of their .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker206
..... referred me to the decisions reported in air 1951 mudh bha 63, air 1966 pun & har 374 (fb), (1971) 1 scc 34, air 1976 sc 49, 1978 ker lt 770, 1979 ker lt 723 and (1885) 16 qbd 178 in support of this proposition. in all these decisions, it has been emphasised that the ordinary ..... resort to courts in matters covered by arbitration agreements is permitted only in very limited and exceptional cases and on strict compliance with the enabling provisions of the arbitration act. if. therefore, there is a power as per the agreement to appoint a substitute in the place of the appointed arbitrator on the happening of specified contingencies ..... the above clause itself provides as to what shall happen in the case of resignation of the arbitrator or vacation of office, or his inability, or unwillingness to act due to any reason whatsoever, and enables the designated appointing authority to appoint a new arbitrator. ordinarily, this power given to the designated authority by the contracting parties .....
Tag this Judgment!Court : Kerala
Reported in : [1984]150ITR333(Ker)
..... source derived must be chargeable to tax unless expressly exempted.12. what type of income can then escape tax liability. income falling within any of the sections included in chapter iii of the act is not tax-able. the section relevant here is section 10(3). it reads :'10. in computing the total income of a previous year of any person, any ..... not income in its hands liable to be taxed, we will briefly state the law that is applicable to the case.9. the complexity involved in modern trade, commerce and finance has made it next to impossibility to define the word 'income' precisely. even the legislature has not defined 'income' with precision. instead, it has used the word 'includes' in the ..... as casual even if it is not likely to recur again.'16. this court while considering the scope of section 10(3) of the i.t. act, 1961, has held in k. sankaran v. cit : [1978]115itr561(ker) :'from the section it will be seen that unless the receipt satisfies the dual test of being of a casual and of a non .....
Tag this Judgment!Court : Kerala
Reported in : (1984)ILLJ512Ker
..... in partap singh v. state of punjab : (1966)illj458sc , e.p. royappa v. state of tamil nadu 1974-i l.l.j. 172, maneka gandhi v. union of india : [1978]2scr621 , ramanna v. i.a. authority of india 1979-ii l.l.j. 217, air india v. nergesh meera 1981-ii l.l.j. 314 and d.s. nakara v ..... in administrative matters. the constitution enshrines and guarantees the rule of law and article 226 is designed to ensure that each and every authority in the state including the government acts bona fide and within the limits of its power. the primary purpose of administrative law is the imposition of the checks on the powers of government or its officers, ..... allegations of misconduct is invalid and illegal.5. the state government in the counter affidavit contended that almost all the awards passed by respondent were found to be against acts and law and misconduct was apparent on the face of several of his awards and stated: the respondent was placed under suspension pending enquiry as it was considered necessary .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker126
..... the real rationale thereof, is the decision in venkata subbarao v. state of a. p. air 1965 sc 1773. the decision in govindan & co. v. sales-tax appellate tribunal, 1978 ker lt 136. dealt with a similar question, though in an entirely different context of the sales-tax law. discussion on cognate questions had been made by this court in ..... . the collector is empowered to cancel the agreement and to forfeit the security in case of breach of the agreement by the plaintiff. the machinery under the revenure recovery act is made available for recovery of the sums due to the government under the agreement.22. having regard to the provisions of the agreement, as also the statutory scheme ..... was any short-fall owing to driage, action of rodents, insects. moisture, theft etc. the loss would be theirs. in order to raise the necessary funds and to finance themselves for the purchase the procuring agents pledged their roods including the foodgrains purchased by them and obtained loans from banks and other .....
Tag this Judgment!Court : Kerala
Reported in : (1984)ILLJ484Ker
..... and constitutional support. the court cannot thus ignore the rules; nor efface them from the statute book simply because there is the industrial disputes act. chapter a of the industrial disputes act can be pressed into service only in those cases where these special rules relating to temporary government servants cannot apply. it can thus be ..... rules under article 309 in respect of the temporary employees in the p & t department exclude the provisions in chapter a of the industrial disputes act.21. the implied exclusion of these provisions of the industrial disputes act can be gathered also from the maxim 'generalia specialibus non derogant'. the special excludes the general and in l ..... government servants and(e) in any case, the industrial disputes act in its entirety cannot apply to all the government servants.5. bound we are by the decision of the supreme court in the bangalore water supply & sewerage board v. a. rajappa and ors. 1978-i l.l.j. 349, rightly, the senior central government .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker170
..... the population and putting up of tenements without any plan and under unsanitary conditions'. slum clearance schemes were therefore conceived. and the kerala slums areas (improvement and clearance) act, 1980 (act 24 of 1981) has been passed. (the information is contained at pages 154 and 155 in the useful publication 'a digest of kerala laws 1981' prepared by the ..... roads, potholes in carriage roads, broken bridges on footpaths or bushes rooted in the surface, make all these highways 'out of repair'.'(see haydon v. kent county council, (1978) 2 all er 97 at p. 102)judged by those standards, it will be well nigh impossible to find roads otherwise than 'out of repair' in many of the ..... slightest neglect of, or indifference to, their duties.19. an instance of such a highly developed consciousness of the rights, is the case of haydon v. kent county council, (1978) 2 all er 97. mrs. hay-don, aged 61, yet working, had, on a wintry day, a fall on a steep and slippery footpath, which resulted in a .....
Tag this Judgment!Court : Kerala
Reported in : 1983LC1462D(Kerala); 1983(14)ELT1751(Ker)
..... also the special duty (additional duty/auxiliary duty) of excise which has been levied in respect of the said goods under the finance act, 1978. it is contended therein that the relief in excise duty under the notifications is intended to recover in its scope both the basic duty of excise and the special ..... central government being satisfied that it is necessary in the public interest so to do hereby exempts viscose staple fibre and viscose tow, falling within chapter 56 of the first schedule to the customs tariff act, 1975 (51 of 1975), when imported into india, from so much of the duty of customs leviable thereon under the said first schedule as ..... or any part of the duty of customs leviable. in exercise of such power central government issued notifications exempting viscose staple fibre falling within chapter 56 of the first schedule of the customs tariff act when imported into india from so much of the duty of customs leviable thereon under the said first schedule as is in excess of the .....
Tag this Judgment!Court : Kerala
Reported in : (1983)IILLJ30Ker
..... l.l.j. 445 wherein the supreme court held that if the right which is sought to be enforced is a right created under the industrial disputes act, 1947 such as chapter va then the remedy for its enforcement is either section 33c or the raising of an industrial dispute as the case may be. the learned counsel then ..... have to be tested not with reference to the criteria laid down in clause (4) of article 19 but totally different considerations.in bangalore water supply v. a. rajappa 1978-i l.l.j. 349 krishna iyer, j. has cited with approval the construction given to the word 'industry' by issacs and rich jj. which reads:how can we ..... the petitioners-assistant engineers, it cannot be said that the assistant engineers could join the strike. if they could not join the strike they cannot take shelter under the act when the board takes action against them for their unauthorised absence fromduty.11. for the reasons given above, the suspension orders challenged in these original petitions cannot be .....
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