Court : Kerala
..... the respondents also contended that as per the directions of the cabinet committee on economic affairs, an inter ministerial empowered committee on marine fisheries was constituted as per order dated 17/11/2004 and this empowered committee has since met 23 times by which several policy decisions were recommended from time to ..... the issue was considered by the supreme court based on various data that was made available as also the kerala marine fishing regulation act, 1980 by which attempt was made to regulate fishing by fishing vessels in the sea along the coast line of the state ..... counter affidavit has been filed by the 1 st respondent wherein it is stated that fishing and fisheries beyond territorial waters come under entry 57 of list 1, in schedule 7 of the constitution which falls within the domain of union of ..... respondents also contend that eez is defined under the 1976 act as an area beyond and adjacent to territorial waters and the limit of such zone is 200 nautical line from base ..... the state government was, therefore, fully justified in acting on the said report and banning the fishing by the mechanised nets within the territorial waters on that ground as well. ..... distance to be travelled to reach the 50m depth contour falls generally beyond 22 km limit laid down under the act and the rules. ..... consider the above writ petition, it would be useful to refer to certain provisions of the territorial waters, continental shelf, exclusive economic zone and other aritime zones act, 1976. .....
Tag this Judgment!Court : Kerala
..... course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 in respect of the death of, or bodily injury to, any such employee- (a) engaged in driving the vehicle, or (b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or (c) if it is a goods carriage, being carried in the vehicle ..... amount of liability incurred; (b) in respect of damage to any property of a third party, a limit of rupees six thousand : provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier. ..... challenging the correctness and sustainability of the award passed by the tribunal fixing the total compensation payable as rs.3,24,750/- and in mulcting 50% of the liability upon the shoulders of the appellant in a claim under section 163a of the act, despite the finding that the accident was solely because of the negligence on the part of the deceased. .....
Tag this Judgment!Court : Kerala
..... reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device; sec.2(j) "right to information" means the right to information accessible under this act which is held by or under the control of any public authority and includes the right to (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples ..... , which is intended to create legal relations or effect a legal relationship to arise in the future, knowing as well as intending that the representation, assurance or the promise would be acted upon by the other party to whom it has been made and has in fact been so acted upon by the other party, the promise, assurance or representation should be binding on the party making it and that party should not be permitted to go back upon it, if it ..... question to be considered is whether the learned single judge was justified in relying upon the information received under the rti act for arriving at a conclusion that there are sufficient number of vacancies which were not reported during the currency of the ..... record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant. .....
Tag this Judgment!Court : Kerala
..... in what we have discussed above, we sum up our conclusions as follows: (i) in the applications for compensation made under s.166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of the table prepared in sarla verma (2010 (2) klt 802 (sc) = (2009) 6 scc 121) ..... in column no.2); multiplier as adopted in trilok chandra's case (column no.3); multiplier in trilok chandra's case as clarified in charlie's case (column no.4); multiplier given in the 2nd schedule (column no.5) and the multiplier actually used in the 2nd scheduled of the m.v.act with reference to the quantum of compensation mentioned therein (in column no.6). 10. ..... claim applications made under s.166 in death cases where the age of the deceased is above 15 years, there is no necessity for the claims tribunals to seek guidance or for placing reliance on the second schedule in the 1988 act. .....
Tag this Judgment!Court : Kerala
..... in what we have discussed above, we sum up our conclusions as follows: (i) in the applications for compensation made under s.166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of the table prepared in sarla verma (2010 (2) klt 802 (sc) = (2009) 6 scc 121) ..... in column no.2); multiplier as adopted in trilok chandra's case (column no.3); multiplier in trilok chandra's case as clarified in charlie s case (column no.4); multiplier given in the 2nd schedule (column no.5) and the multiplier actually used in the 2nd scheduled of the m.v.act with reference to the quantum of compensation mentioned therein (in column no.6). 10. ..... claim applications made under s.166 in death cases where the age of the deceased is above 15 years, there is no necessity for the claims tribunals to seek guidance or for placing reliance on the second schedule in the 1988 act. .....
Tag this Judgment!Court : Kerala
..... under the above circumstances, this court in exhibit p2 judgment has observed that the joint director of fisheries department should take appropriate steps to conduct the election by resuming the process from where it stopped earlier. ..... the said resolution resulted in exhibit p1 notification issued by the fisheries department, the proposed date of the election being 19.04.2012. 5. ..... and it is in violation of section 28b of the kerala co-operative societies act. 21. .....
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..... or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment] [or any person engaged as apprentice, not being an apprentice engaged under the apprentices act, 1961 (52 of 1961), [and included such person engaged as apprentice whose training period is extended to any length of time] but does not include] (a) any member of [the indian] naval, military or air forces; or (b) any ..... but does not include any such person who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory ..... ) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire and reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, included any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, of whose dismissal, discharge or retrenchment has led to that dispute, .....
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..... steel authority s case, as noted in paragraph 10 of the judgment, it was observed that, if at all the contractor of the employees had violated any provisions of the clra act/rules, the writ court in proceedings under article 226 of the constitution of india, could not issue any mandamus deeming the contractors labourers, as having become the employees of the principal employer ..... also provides for the appropriate government abolishing contract labour altogether, in certain notified processes, operation or other works in any establishment; simultaneously making it clear that neither the act nor the rules framed by the central government or by any appropriate government provide that, upon abolition of contract labour, the labourer would be directly absorbed by the principal employer. ..... supreme court as given in paragraph 2 was that, if the principal employer did not get registration under section 7 of the clra act and/or the contractor does not get a licence under section 12 of the clra act, whether the persons so appointed by the principal employer through the contract would be deemed to be the direct employees of the principal ..... any legal provision or binding precedent in support of the case projected by the writ petitioner union to hold that, if there is an infringement of section 12 of the clra act (stipulating the necessity to have licence for the contractor), it will enable the employees engaged by unlicensed contractor to be deemed as the employees of the principal employer. .....
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..... in the operative portion of the said judgment this court has issued the following direction as direction no.2: (2) the 2nd respondent shall also ensure that relevant provisions of the mines act, 1952 and metalleferous regulations, 1961 as far as applicable to a mining operation is followed in its letter and spirit and in event the aforesaid provisions are violated, appropriate action under the said provisions be promptly ..... public interest which induced parliament to make the declaration contained in section 2 of the mines and minerals (regulation and development) act, 1957, has naturally to be the paramount consideration in all matters concerning the regulation of mines and the development of minerals. ..... thus we conclude that office memorandum dated 18.05.2012 has been issued in exercise of the powers under the 1986 act and further order dated 18.05.2012 cannot be said to have become infructuous after framing of the 2015 rules by the state government ..... as noted above, office memorandum dated 18.05.2012 issued by the moef was in exercise of the powers under the 1986 act, hence the reliance placed by the learned senior government pleader gulf goans hotels's case (supra) by the learned senior government pleader is misplaced ..... art.48a in part iv (directive principles) of the constitution of india, 1950 brought by the constitution (forty second amendment) act, 1976, enjoins that "state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the .....
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..... 14808/2015, the petitioner sought to quash ext.p12 notification issued under article 243q(2) of the constitution of india and also the notification under section 4 of the kerala municipality act, 1994 (hereinafter referred to as the act) by which beypore, elathur and cheruvannoor-nallalam grama panchayats were declared as smaller urban area, delinking the same from kozhikode city corporation and thereby making such smaller urban areas into ..... panchayats, in which the total population is above 3,00,000, the density of population per square kilometer is 5000, not less than 70 percent of the population is engaged in professions other than agriculture and fisheries, the probable revenue that can be generated for local administration from taxes and the share of taxes, fees, etc. ..... wisdom has not chosen to provide for any opportunity of hearing or observance of principles of natural justice before issue of a declaration either under section 3 or section 4 of the act, the residents of the area cannot insist for giving an opportunity of hearing before the area where they are residing is included in another gram sabha or local authority. ..... construction, repair, and maintenance of community assets, agriculture including agriculture extension, animal husbandry, dairy and poultry, fisheries, social and farm forestry, minor forest produce, fuel and fodder, khadi, village and cottage industries, rural housing, rural electrification including distribution of electricity, non-conventional energy .....
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