Court : Kerala
Reported in : [2007]138CompCas16(Ker); 2007(2)KLJ704
..... senior counsel submitted that the kerala general sales tax act has been enacted by the state of kerala under entry 54 of list ii of the seventh schedule and the provisions of the kerala act particularly section 26b cannot nullify the provisions of the rdb act enacted by parliament under union list of the constitution ..... counsel submitted that the rdb act and the state bank of india subsidiary banks act are enacted by parliament under entry 45 of list i of the seventh schedule to the constitution of india and by virtue of the provisions of article 246(1) of the constitution, the said law enacted by parliament with respect to entry 45 of list i has overriding effect and prevails over any inconsistent or repugnant provisions ..... the rdb act has been enacted under entry 45 of list i of the seventh schedule to the constitution of india and the kerala general sales tax act, 1963, was enacted under entry 54 of list ii of the seventh schedule to the constitution of ..... dealing with the provisions parallel to section 26b of the kerala general sales tax act, 1963, by the various sales tax laws of other states, the supreme court has already recognised the statutory first charge in respect of sales tax ..... iron and steel rolling corporation [1995] 82 comp cas 551: [1995] 96 stc 612, delhi auto and general finance p. ..... [2005] 127 comp cas 744 : [2005] 142 stc 283 and this court upheld the first charge of the state under section 26b over the right created in favour of a banking ..... of kerala : 2005(2)klt543 . .....
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ817
..... act, 1976, introduced by the motor vehicle taxation (amendment) act, 2005, act 24 of 2005 and section 15 of the act are under challenge before us on the ground that they are inconsistent with the provisions of section 81 of the motor vehicles act ..... schedule ..... taxation act, ..... this act or ..... act section 3 of the act states that the government ..... act for the employees and such a fund has already been constituted section 6 of the act ..... act ..... act, 1985, immediately before the commencement of the kerala motor transport workers' welfare fund (amendment) act, 2005 ..... act and also section 8a to the welfare fund act ..... act upto the preceding month authority acting under the taxation act is obliged to receive tax under the taxation act only if proof of remittance of contribution towards welfare fund is produced. ..... act, every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution under the kerala motor transport workers' welfare fund act ..... act ..... act ..... act as well as the welfare fund act ..... act ..... act, 1985 (act 21 of 1985) is an act ..... act ..... act ..... act, 1985 is an act to provide for the constitution of a fund to promote the welfare of motor transport workers in the state of kerala which has received the assent of the president of india section 9 of the act ..... act has already received the assent of the president and there is no other act promulgated by the central government on that subject and that assent of the president was given for the motor workers welfare fund act .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ706
..... the relevant portion of the said government order reads as follows:government have examined the various aspects of the case of the petitioners in detail in consultation with finance department and they are of the view that requests of the petitioners merits a lenient view and sympathetic consideration on humanitarian grounds. ..... it is further contended that the lok ayuktha had j urisdiction to investigate a complaint and that what was involved in the present case was a 'grievance' within the meaning of section 2(h) of the act; that the lok ayuktha had jurisdiction to decide the issue and consequently, the order under challenge does not warrant any interference.11. ..... pleader, also raised a contention to the effect that the proceedings which were initiated before the lok ayuktha in the instant case vide ext.p2 could not have been subjected to an investigation in view of section 8(c) of the act, which says that a complaint involving an allegation made after the expiry of 5 years from the date cannot again be investigated. mr. ..... the area where the power could legitimately be operated, according to the division bench, is sub-section (1) of section 14 of the act which deals with a declaration that the public servant is not entitled to hold the office and the statutory obligation on the part of the competent authority is to accept the said declaration ..... kamalu's case dealt with the precise scope of sub-clause (d) of the second schedule in the act. ..... 1408/05 before the lok ayuktha on 25-6-2005. .....
Tag this Judgment!Court : Kerala
Reported in : 2007(4)KLT791
..... under the aforesaid heading, the syndicate, the senate, the academic council, the faculties, the boards of studies, the planning committee, the finance committee and such other boards or bodies of the university as may be declared by the statutes are the authorities of the university. ..... under clause (vii) of section 17(1) of the act, the chancellor of the university can nominate an expert from the field of industry and commerce, and under clause (viii) of section 17(1) of the act, the state government is empowered to nominate five members of the senate out of which one member requires to be a scheduled caste or scheduled tribe and one member to be a teacher. ..... mohammed ali would have been entitled to hold office, if he had not relinquished membership, upto 14.6.2005, the date of expiry of four years from the date of his nomination which was 15.6.2001. ..... the registrar of cochin university of science and technology has issued a notification dated 26.2.2005 pursuant to the letter of the state government dated 26.2.2005 nominating the private respondent as a member to the syndicate of the university as per section 17(1)(viii) of the university act, 1986. ..... while concluding, the learned single judge has declared that the petitioner is entitled to continue as a member of the syndicate, in view of the notification issued by the university dated 26.2.2005 wherein the university has nominated the private respondent/petitioner in the writ petition under section 17(1)(viii) of the act. .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ765
..... 61 provides that subject to the provisions of the act, the board of directors including managing and whole time directors shall be, subject to the powers of the government to issue such directives as it thinks fit from time to time with regard to the finances and conduct of the business and affairs of the ..... rules were pending approval with the government, the board of directors of the second respondent corporation, in their 78th meeting held on 30-8-2005 requested the government to accord sanction for regularisation of contract/daily wages employees, of the corporation. ..... the petitioners in all these cases were employees of the kerala transport development finance corporation (hereinafter referred to as 'the corporation'), having been appointed on casual basis in the first instance and regularized in the respective posts pursuant to orders issued ..... employ sufficient number of persons from the scheduled caste/scheduled tribe was also not kept in mind. ..... to provide employment to persons belonging to scheduled caste/scheduled tribe was also not kept in mind ..... was there any representative of scheduled caste/scheduled tribe communities among the ministerial ..... in the meanwhile, the board of directors in its meeting held on 30-8-2005 decided to seek the regularisation of one person working as a concurrent auditor (contract basis), one person working as assistant manager (on contract basis), 66 persons working as assistant, 15 persons working as office assistants, 7 persons working as drivers, 3 .....
Tag this Judgment!Court : Kerala
Reported in : [2008(117)FLR257]; 2008(1)KLJ607; 2008(1)KLT858; (2008)IILLJ985Ker; 2009(2)SLJ78(Kerala)
..... more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages:(a) in the case of employment in agriculture at one and a half times the ordinary rate of wages;(b) in the case of any other scheduled employment at double the ordinary rate of wages;explanation: the expression 'ordinary rate of wages' means the basic wages plus such allowances including the cash equivalent of the advantage accruing through the concessional sale ..... to the worker an actual increase in the wages which come into his hands for his use and not increase calculated in terms of the amount assured to him as a minimum wages fixed under the act of the full benefit of the plain language of rule 25 and in case those workers are actually getting more than or equal to double the minimum wages fixed, this provision would be of no benefit at all ..... according to the learned counsel for the petitioners, in the earlier decision, the supreme court has categorically held that a claim under the minimum wages act for overtime wages under section 14 would lie even where the employee is getting wages in excess of the minimum wages prescribed and therefore the subsequent decision of the bench consisting of two judges is ..... under section 14 the following conditions must be fulfilled by an employee (1) the minimum rate of wages should be fixed under the minimum wages act, 1948; and (2) such an employee should work on any day in excess of the number of hours constituting a normal working day. ..... finance .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ410; 2008(1)KLT739
..... revision is that the landlord has not pleaded in the rent control petition that the tenant is not depending for his livelihood mainly on the income derived from the business carried on in the petition schedule building and that there is suitable building available in the locality for the tenant to carry on the business, in order to deny to the tenant the benefit of the second proviso to section 11(3) of the ..... : air1999sc100 , while considering the scope and ambit of section 14(1)(e) of the delhi rent control act, the supreme court held as follows:when the landlord asserts that he requires his building for his own occupation, the rent controller shall not proceed on the presumption that the requirement is ..... that the landlord have rented out a building in 1996 and the petition schedule building was rented out in 1994. ..... for that purpose, the petition schedule room and the adjoining room ..... the business and that finance is also arranged. ..... the petition schedule building is used as a godown ..... the petition schedule building was let out to the tenant in 1994 on a monthly ..... the petitioners is to sell the petition schedule building. ..... of income of the tenant is from the business carried on in the petition schedule building. ..... the second proviso to section 11(3) of the act reads as follows:provided further that the rent control petition rent control court shall not give any direction to a tenant to put the landlord in possession, if such tenant is depending for his livelihood ..... haris : 2005(2)klt365 and .....
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KLJ530
..... under registered sale deed of 2002 which was obtained by the additional defendants sought to be impleaded as per registered sale deed of 2004 and registered release deed of 2005 and as they are setting up separate title, they are also necessary parties to the suit in order to avoid multiplicity of the proceedings. ..... risalo 0043/1977 : air1977all156 , it was held that the crucial words in section 22 of specific relief act to the effect, any person suing for the specific performance of contract for the transfer of immovable property may 'in an appropriate case' ask for possession, would seem to indicate, that when the property is in the possession of ..... when the commissioner inspected the plaint schedule property, the inspection was obstructed by ..... single judge in gopalakrishnan's case (supra) considered the question whether in a suit for specific performance of the agreement for sale, where possession was sought under section 22 of the specific relief act, third parties to the agreement for sale are necessary and proper parties. ..... private limited to sell the plaint schedule property in favour of the petitioner. ..... finance ..... more so when the prayer in the suit includes a prayer for possession of the property covered under the agreement for sale as provided under section 22(1)(a) of specific relief act. ..... suit, apart from a decree for specific performance of the agreement for sale, petitioner plaintiff sought a decree for possession as provided under section 22(1)(a) of specific relief act. .....
Tag this Judgment!Court : Kerala
Reported in : [2008(119)FLR685]; 2008(2)KarLJ673; 2008(3)KLT449; (2009)IILLJ94Ker
..... against all claims for damage (inclusive of legal costs in connection therewith) whether arising as a result of personal injury or death (irrespective of whether such a claim arises in accordance with the provisions of the workmen's compensation act 1923 or any other statutes in force during the currency of this agreement or otherwise) or of any damage to any property by accident, negligence or otherwise arising out of and in the course of continuance of this agreement.xxxx ..... which was quoted in haldia refinery's case (supra) after holding that employees, working in the canteen can be treated as the employees of the principal employer only for the purposes of the factories act, the court went on to examine further as to whether on the basis of the evidence available on record the employees could be treated as employees of the principal employer for all/any other purpose. ..... in fact in petrochemicals corporation's case (supra) and haldia refinery's case (supra), after holding that workmen of statutory canteen under the factories act are workmen of the establishment for the purposes of that act alone and for other purposes, the supreme court went on to undertake the exercise of finding out whether on the evidence before the court, the court come to the conclusion that ..... cooking and serving vegetarian food items specified in the annexure attached hereto as per schedule of timings specified therein.3. ..... obtained from the finance department of the company ..... : (2005)iillj684sc , indian .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ224
..... universities awarding medical/dental degrees laying down the policy guidelines on admission of students and other allied matters, inter alia, having regard to the decision in madhu singh's case laying down the schedule for completion of the various stages of admission process, commencing of academic session and closure of admissions in courses of medicine and dentistry to be applicable to all medical and dental colleges in ..... student after the last date prescribed for the same shall also be liable to face such action as may be prescribed by mci or dci.8.5 the time schedule for completion of the admission process as in the annexure shall also be printed in the bullets of information for the candidates or the prospectus for admission to ..... shall be strictly complied with by unaided medical colleges, who opt to conduct their own entrance test for selection of students for admission:(a) the time schedule prescribed as per the medical council of india regulations as approved by the supreme court of india in mridul dhar's case (supra) shall be strictly followed. ..... quota seats in self financing medical colleges and therefore in respect of admissions in those colleges, the time schedule fixed except the last ..... admission supervisory committee may if satisfied that any unaided professional college or institution has violated any of the provisions of this act, recommended to the university or statutory body for withdrawal of the affiliation or recognition of such college or institution or ..... 2005 .....
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