Court : Kerala
Decided on : Nov-20-2009
Reported in : AIR2010Ker68,2009(4)KLT853
..... 4) notwithstanding anything contained in sub-section (3), a person appointed as the president or as a member, before the commencement of the consumer protection (amendment) act, 2002, shall continue to hold such office as president or member, as the case may be, till the completion of his term.rule 17 provides for ..... three candidates per vacancy, with relevant documents and details to the government after due verification and scrutiny of the qualification and other eligibility criteria prescribed in the act and these rules: provided that the government (department dealing with the consumer affairs) may, if necessary, advertise directly for the purpose: provided further that ..... appointed by the government as a member of the kerala state consumer disputes redressal commission. the appointment is under the provisions of the consumer protection act, 1986. section 16 provides for the composition of the state commission. the state commission shall consist of the president and not less than two .....
Tag this Judgment!Court : Kerala
Decided on : Feb-06-2009
Reported in : AIR2009Ker143
..... for a decision are whether the termination of the lease for manufacturing purpose by fifteen days' notice is valid and whether, amendment to section 106 of the transfer of property act, 1882 (for short, 'the act') introduced by the transfer of property (amendment) act, 2002 (act 3 of 2003) applied to pending suits and proceedings.2. respondent/plaintiff (he died pending this appeal - additional respondents are ..... relate is situated in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely:(d) leases of immovable property from year to year, or for any term exceeding one .....
Tag this Judgment!Court : Kerala
Decided on : Jan-02-2009
Reported in : [2009]148CompCas411(Ker)
..... . resolution no. 10(i) reads as follows:resolved pursuant to section 81(1a) and other applicable provisions, if any, of the companies act, 1956, or any statutory amendment/modification or re-enactment thereof from time to time in force and the relevant provisions of the articles of association of the bank, that the ..... such terms and conditions as the board may determine including by way of conversion of debt into equity, to any person or persons who may include non-resident indians, foreign institutional investors, overseas corporate bodies, financial/investment institutions, qualified institutional buyers, banks, mutual funds, other bodies corporate, other entities, whether domestic or foreign ..... can be used to meet the ends of justice and interlocutory orders also can be set aside. curtailment of revisional jurisdiction of the high court by amendment of section 115 of the code does not take away or whittle down the power of superintendence, a constitutional power, conferred on the high court .....
Tag this Judgment!Court : Kerala
Decided on : Dec-07-2009
Reported in : [2010]189TAXMAN225(Ker)
..... the tax net. for the purpose of levy, assets arc classified as two categories, one as productive and the other as non-productive. under the provisions of the amended act, tax is levied only on the non-productive assets such as residential house, urban land, jewellery, bullion, motor cars, etc. it is useful to refer to ..... the finance minister's speech while introducing the amendment to the wealth-tax act by finance bill, 1992 which is as follows:67. the wealth-tax act, 1957, has far too many exemptions making its administration enormously complicated. the valuation of certain assets such as shares also ..... a division bench to this court had occasion to consider the scope of drastic amendment introduced to the wealth tax act with effect from 1-4-1995 based on dr. raja chelliah committee's recommendations. the provisions of the wealth-tax act until amendment provided for levy of wealth tax on all assets except those items which were .....
Tag this Judgment!Court : Kerala
Decided on : Feb-25-2009
Reported in : 2009(2)KLJ724
..... failure' on the part of the respondents in so far as they are virtually shiridng off their statutory duties to give effect to the 'act' by incorporating appropriate amendments, thus, acting detrimental to the interest of the workers, without any regard to the object and scope of the enactment and in turn/against the legislative intent ..... stated that the 'inter-ministerial committee' had submitted the report to the ministry of labour on 18-8-2003 recommending the provisions of the plantation labour act to be amended/reviewed. sri. s. krishnamoorthy, the learned central government counsel brought to the notice of this court a copy of the letter no. s.66025/4 ..... the lak sabha on 19-5-1996. still further, it is stated in the next paragraph (paragraph 5;) of the counter affidavit that the amendment proposal to the plantations labour act, 1951 was under active consideration of the government; it was discussed in the meeting of the 'tripartite industrial committee on plantation industry' held .....
Tag this Judgment!Court : Kerala
Decided on : Dec-09-2009
Reported in : 2010(1)KLT176
..... teachers in the graduate teacher's scale and headmaster of secondary schools and training schools and of the district educational officer in the other cases. there is an amendment to rule 2(4) of chap.i. k.e.r. containing the definition of 'director', which is to the following effect:'director' means the director of ..... manager is not an independent autonomous authority. accordingly, it was held that the managers of the vocational higher secondary schools sanctioned by the government also have to act fairly and conduct the school in such a manner only in accordance with well-accepted norms complying with principles of natural justice and fair play, even in ..... disciplinary action. the question is only about the procedures to be adopted in the matter.7. learned counsel for the third respondent submitted that herein the manager acted illegally in not recommending the application for leave without allowance to the government and in rejecting the same. it is pointed out that the government alone has .....
Tag this Judgment!Court : Kerala
Decided on : Feb-20-2009
Reported in : 2009(2)KLJ136
..... scrupulously. the subsequent event, which consist of facts, need to have been proved beyond the pale of controversy by introducing the same to the pleadings by way of amendment for trie purpose of determining the question in controversy between trie parties. there should have been a prayer to the court to take notice of the subsequent event and ..... such subsequent event may be one purely of (aw or founded on facts. in the former case, the court may take judicial notice of the event and before acting thereon put the parties on notice of how the change in law is going to affect the rights and obligations of the parties and modify or mould the course ..... of bonafide need urged by the landlord under section 11(3) of the kerala buildings (lease and rent control) act, 1965. the rent control petition was filed invoking grounds under section 11(3) and 11(4)(iii) of the act. the courts below concurrently found that the landlord was not successful in establishing the ground under section 11(4)(iii .....
Tag this Judgment!Court : Kerala
Decided on : Apr-03-2009
Reported in : AIR2009Ker151; 2009(2)KLJ300
..... of 1999), section 16 was inserted in me court fees act, 1870, which reads as ..... fees act, 1870 (act 7 of 1870} was amended the kerala court fees and suits valuation act is not suitably amended to promote settlement of cases before the lok adalats, by the code of civil procedure (amendment) act 1999 (act 46 ..... dismissed.17. the laudable object sought to be achieved by the enactment of the legal services authorities act, 1987 is relevant while considering the question whether amendment of the kerala court fees and suits valuation act is necessary, as indicated in salem advocate bar association's case referred to above, though the court .....
Tag this Judgment!Court : Kerala
Decided on : Jul-09-2009
Reported in : 2009(2)KLJ655
..... panchayats and district councils by a comprehensive enactment to establish a three-tier panchayat raj system in the state in line with the constitution (seventy-third amendment) act, 1992, for securing a greater measure of participation of the people in planned development and in local governmental affairs, by constituting village, block and ..... the loss caused by that order? i think not.24. the present kerala panchayat raj act, 1994 is enacted under the mandate of part ix of the constitution of india inserted by the constitution (seventy third amendment) act, 1992. article 243g therein lays down the powers, authority and responsibilities of panchayats thus:243g ..... committee has absolutely no jurisdiction to interfere with an order-of the secretary under any circumstances, which may lead disastrous results in certain cases of acts of the secretary if the same totally without jurisdiction and which may very prejudicially affect the panchayat and its effective administration- take for example .....
Tag this Judgment!Court : Kerala
Decided on : Jun-05-2009
Reported in : 2009(2)KLJ459
..... in rule 123 of the rules.5. while so, it is seen that the rule making authority, in exercise of its power under section 45 of the kerala sports act, 2000 amended the rules in order to remove the difficulty, by deleting the word 'elected', as appearing in rules 123 and 124 of the rules. in the notification dated 24 ..... stream cannot rise above the source. rules are made by way of subordinate legislation. that power is derived from the parent act only. the act is the source and the subordinate legislation is only a stream.9. the amendment brought to the rules is only for the purpose of removing the difficulty caused by the apparent conflict. rule 123 of ..... enabling only the elected members to vote. but the said provision being in conflict with section 11 of the parent act, the rule making authority, in exercise of its power under section 45 has rightly removed that conflict by the amendment brought into force by notification dated 24.2.2009, with retrospective effect from 17.7.2008.10. the other .....
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