Judgment Search Results Home > Cases Phrase: financial obligations Court: kerala Page 1 of about 1,144 results (0.028 seconds)

CochIn Malabar Estates and Industries Ltd. and anr. Vs. P.V. Abdul Kha ...

Court : Kerala

Reported in : [2003]114CompCas777(Ker); [2003]45SCL170(Ker)

..... these petitions, the board of directors in their wisdom thought it would be better to sell some of the immovable properties so that the sale proceeds could be utilised for meeting its financial obligations towards the banks/financial institutions for which necessary approval from the general body is statutorily required. ..... that in the present situation of the company unless and until some of the assets (immovable properties) of the company are sold and utilise the sale proceeds thereof for meeting its financial obligations particularly towards banks and financial institutions it would not be possible to salvage the company.33. ..... the board of directors and felt in the facts and circumstances the only feasible option was to sell some of the immovable properties and utilise the sale proceeds for meeting the financial obligations particularly to the banks and financial institutions. ..... one of the feasible options, available to the company is to sell some of the assets (immovable properties) of the company and utilise the sale proceeds thereof in meeting its financial obligations particularly towards banks/financial institutions.5. ..... these liabilities towards the banks and financial institutions, the company also has other substantial financial liabilities/obligations which are required to be honoured ..... it was pointed out in view of the urgency to generate funds for repayment to banks and financial institutions, as well as to the workers it is not possible to apportion the said property and .....

Dhanalakshmi Weaving Works, Kakkat, Cannanore and ors. Vs. the Regiona ...

Court : Kerala

Reported in : AIR1963Ker219; (1964)ILLJ528Ker

..... has to do is only to submit itself to the jurisdiction of the officer and the act and also the various provisions, penal as wellas financial, contained in the statute itself.i do not think that the legislature intended any such result to follow, especially when the statute has certainly, imposed financial obligations and also penal consequences for not complying with the provisions of the statute on an employer, and when the statute, without making ..... government pleader urged, that even assuming that the view, of the patna high court cannot be adopted, the view of the learned judge of the allahabad high court in air 1961 all 309 namely, that there is an obligation on the part of the management also, if they do not accept the stand taken by the department in cases of a doubt, at any rate, regarding the matters mentioned in the clauses in section 19a, to invoke the jurisdiction of ..... . i do respectfully agree with the reasoning of the allahabad high court, that under such circumstances, there is an obligation on the management also, if they do not agree, with the department, to refer the matter to the central government under ..... statute, till an adjudication is made by the central government under section 19-a as to the number of persons employed in these establishments.72. in fact both the learned councel are also prepared to take up the position that thare is absolutely no obligation or duty cast upon persons like the petitioners, to approach the central government under section 19-a.73 .....

B.S.T. and P.S.P. Workers Union (C.i.T.U.) Vs. Government of India and ...

Court : Kerala

Reported in : 2009(2)KLJ913

..... had become a sick industrial company and came to the prima facie conclusion that company is not likely to make its net worth exceed the accumulated losses within a reasonable time while meeting all its financial obligations. ..... a very vexing question as to the interpretation of the companies act, 1956, the sick industrial companies (special provisions) act, 1985 (wsica' for short), and the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, ('securitisation act' for short) in respect of a claim of workmen of a company in liquidation under section 529a of the companies act, as against a secured creditor who has sold the assets of .....

Jose Jacob Vs. State of Kerala

Court : Kerala

..... , the government cannot view the corporation as its integral part in carrying the burden of socio-economic obligations and as a dispensable appendage when it comes to meeting its financial obligations. ..... the kerala state road transport corporation (referred to as 'the corporation'), proffers the reason of financial constraints faced by it on account of the burden imposed on it by the state, through one measure or another, in the name of socio-economic obligations required to be fulfilled by an instrumentality of the state - the introduction of statutory pension being ..... having filed an additional counter affidavit, without mincing words, declared before the court that the government has taken a decision not to provide any more financial assistance to the respondent corporation, inasmuch as the government's efforts to bail it out have been affecting other developmental activities of the state. ..... (sc)), has observed that the respondents have not raised any objection regarding their obligation to pay pension and that the only reason stated in the counter affidavit is about the financial constrain faced by the corporation. ..... cannot extend financial help to the public sector undertakings merely on the ground that ground that they are doing some social obligation and catering ..... stand of the ksrtc28 the learned standing counsel for the corporation, though not entirely denied the obligation of the corporation to disburse the pension regularly, has submitted that there is no truth in the .....

The Kerala Aided L.P. and U.P. School, Managers Association, Represent ...

Court : Kerala

..... government was quite conscious of the financial obligation which did not deter them from introducing the legislation, since it was considered a constitutional obligation. ..... the legislation was avowed to be, one intended at providing 'free' elementary education to children and satisfying the constitutional mandate by making it a 'compulsory' obligation on the state to provide for elementary education to all children between the ages of 4 to 14; apposite is the distinctive meaning ascribed to the words in ..... is on education and not on the financial burden of the government who has taken upon itself the said burden, willingly and in furtherance of the constitutional obligation; which obligation is in the nature of a mandate ..... the state is the most important stake-holder who takes upon itself the financial liability, especially so with respect to elementary education, in the context of article 21a introduced by the 86th amendment to the constitution ..... run contrary to the provisions of the rte act and the state would be failing in its obligation to comply with the provisions of the central legislation, is the argument. 13. ..... here, to section 7 of the rte act , which casts the responsibility on the central government, to share the financial and other implications for the implementation of the provisions of the act. ii. g.o. ..... the learned additional advocate general would also emphasize on the huge financial liability of the state to provide for so many teachers, if the ratio is taken to be, on .....

iti Limited Bangalore Vs. the Tahsildar, Palakkad

Court : Kerala

..... with respect failed to appreciate that the 1985 act was enacted primarily to assist sick industrial undertakings which inter alia failed to meet their financial obligations. ..... party would have to use the forum prescribed by law for the purpose of securing attachment and sale of property of the defaulting industrial concern whereas in the case of a financial corporation that right is conferred on the creditor corporation itself which is permitted to take over the management and possession of the properties and deal with them as if it were the owner of the ..... act is undoubtedly a coercive measure directed at the take over of the management and property of the industrial concern and confers a further right on the financial corporation to transfer by way of lease or sale the properties of the said concern and any such transfer effected by the financial corporation would vest in the transferee all rights in or to the transferred property as if the transfer was made by the owner of the property. ..... in case of failure on the part of the petitioner to carry out their obligations, the land was liable to be resumed and taken back by repaying the amount as finally settled, less 30% awarded for compulsory acquisition or estimated ..... it was next contended that the right conferred on the financial corporation by section 29 of the 1951 act is not a 'legal proceeding' but merely an action permitted by statute and, therefore, section 22(1) will have no application as it only bars legal proceedings .....

Merchants Association Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT127; (2006)IILLJ985Ker

..... board shall be competent to revise the rate of additional welfare levy payable after considering its financial obligations and other relevant matters, once in every three years with the concurrence of the government ..... the committee shall keep individual accounts in respect of each worker and credit into his account a sum equivalent to 10% of his total wages at the close of each financial year for payment towards his terminal benefit on retirement, superannuation, death, disability etc.under section 24 of the act the provisions of the workmen's compensation act, 1923 and the rules made thereunder ..... 30 'the committee may revise the quantum of levy every year taking into consideration its finances, its obligations and other relevant matters and such decision shall have the concurrence of the board and the government'. ..... it is the contention of the learned counsel for the petitioners that the obligation to meet the benefits arising out of statutory enactments being that of the committee, constitution of the accident relief fund by the board and the administration thereof ..... in case the committee is not in a position to meet its obligation at the current rate of levy, it is entitled to revise ..... fund as accident relief fund is constituted, the committee is relieved of its obligation under the provisions of the workmen's compensation act. ..... under paragraph 25 it is provided that 'it shall be the obligation of the committee to provide all the benefits to registered headload workers arising out of .....

Dr. Gladstone Vs. Geetha Gladstone and anr.

Court : Kerala

Reported in : I(2003)DMC617

..... while fixing the quantum, the court shall take into account the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future; the financial obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; the standard of living enjoyed by the parties, to the marriage and conduct of the parties, and ..... it includes the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the forseable future, the financial obligations and responsibilities of the spouses, the age of the parties, the standard of living before the break down of the marriage ..... expounded the law thus:'the true principle seems to be that, when a man marries he contracts an obligation to support his wife and, in point of law, he gives authority to pledge his credit for her support, if circumstances render it necessary, she herself not being ..... annamma, 1993(1) klt 675, a division bench of this court again considered the obligation of a christian husband to maintain his wife and found that a christian husband is liable to ..... (1991) dmc 262=1991 (2) klt 71, and a learned single judge of this court following the principle laid down in cheriya varkey's case (supra), found that a christian father has an obligation to maintain his children and wife even though there is no statutory provision. .....

V.Jayendrakumaran Nair Vs. State of Kerala

Court : Kerala

..... it was desirable to obtain the considered opinion since the proposal involved financial obligations. ..... meetings; (c) the conditions of appointment and service and the scales of pay of officers and other employees of the corporation other than the managing director, the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officer-cum- financial adviser; (d) the issue of passes to the employees of the corporation and other persons under section 19; (e) the grant of refund in respect of unused tickets and concessional passes under section ..... such decision was taken after a long deliberation taking note of the financial position and future commitments of the ksrtc. .....

Jumaila Vs. Abdul Gafoor and Others

Court : Kerala

..... however, it was understood from the authorities that they could not force a private company to deport an employee when the said employee has financial obligations to the company. 19. ..... , who respects the orders of this court and that he is not able to appear in court only because his sponsor was not permitting him to leave the country for the reason that, he has not discharged a financial liability that he owed to his employer. 10. ..... his passport has been impounded but, the efforts to deport him to our country have failed, at least for the moment, for the reason that he enjoys the patronage of an obliging employer at saudi arabia. 2. ..... her son has not been able to appear before this court with the children because his sponsor was not willing to relieve him for the reason that, he has incurred some financial liability from his employer. 28. ..... otherwise we fail to understand why steps have not been taken to impound the passport and to get his visa cancelled in which case he will be obliged to come to india. 2. ..... he has some financial liability with the employer and therefore, his sponsor is unwilling to relieve him until he discharges the said liability. .....