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 ..... issue any direction to any department of the district level or any local authority to take such measures for prevention or mitigation of the disaster. section 33 of the act is quoted as below : 33. requisition by the district authority.- the district authority may by order require any officer or any department at ..... 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 .....
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
..... 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 ..... , 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 ..... india and others [(2007) 7 scc 527] and association of leasing and financial service companies. v. union of india [(2011) 2 scc 352]. 16. gujarat ambuja cements ltd. (supra) was a challenge against the services rendered, by a clearing and forwarding agent and a goods transporter, being treated as 'taxable services' under the finance act, 1994. the .....
Tag this Judgment!Court : Kerala
..... resolution 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 regulates its ..... of 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 of ..... court has held that once the appointment is by an incompetent person, the said appointment is a nullity. in ashok kumar sonkar v. union of india, (2007) 4 scc 54 at 69 the court has further held that if an appointment is irregular, the same can be regularised. but if an appointment is illegal, .....
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. ..... 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 respondent ..... the seven persons, who purchased a piece of immovable property through ext.p1 registered sale deed from the 5th respondent. the purchase was in the year 2007. soon thereafter, the purchasers came across ext.p2 notice issued by the third respondent bank proposing to sell the property covered by ext.p1 sale deed .....
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..... 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
..... 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 ..... . the kscb being a primary agricultural credit society, its area of operation cannot go beyond the panchayat, i.e., the karassery panchayat. when section 2(oaa) the 1969 act specifically provides the area of operation of primary agricultural credit society as to a village, panchayat or municipality, exemption granted to kscb is contrary to ..... of the function involves the application of the rules of natural justice, or of an administrative function affecting the rights of persons, wherefore, a duty to act fairly. we are concerned with legislative activity; we are concerned with the making of a legislative instrument, the declaration by notification of the government that a .....
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..... to 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 ..... since his becoming a member, the second respondent has completed eighteen years and thereafter continued to be a member, for the past thirty years. 13. as per section 16(1)(a)(i) of the act, couched in mandatory terms, no person shall be admitted as a member until he attains the age of eighteen years. further, rules 16 (3) and 16 .....
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..... with a lady for a long time during the subsistence of his first marriage. a division bench of the high court of madras in g.sekar v. geetha ((2007) 3 mlj 1029) has observed thus: ............... merely on the basis of the assertion made in the written statement filed by him alleging that govinda singh had married ..... this appeal is boarded before us by way of a reference. in the reference order, the learned single judge has observed that the ratio in shyamalavalli amma v. kavalam jisha (2007 (3) klt 270) is irreconcilable with that in narayani v. aravindakshan (2005 (4) klt 1) because the learned single judge, while disposing of shyamalavalli amma's case ..... 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: interpretation .....
Tag this Judgment!Court : Kerala
..... statute 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 ..... writ petition was filed. the learned single judge placing reliance on krishna poduval (supra), which was followed in krishnan t and others v. state of kerala (ilr 2007 (1) ker 233), held that the writ petition has to be dismissed. but in this case, the learned single judge found that the petitioner was seeking to .....
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