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 : Jan-21-2009
Reported in : [2009]182TAXMAN211(Ker)
..... staff or staff on deemed deputation.6. as consequence of change of category of the employees after the bsnl became a company, the amendment made in relation to section 17(2)(ii) of the income-tax act in finance act of 2007 has operated retrospectively. the concession in the matter of rent of accommodation provided by the employer to the employees is deemed .....
Tag this Judgment!Court : Kerala
Decided on : Jan-23-2009
Reported in : 2009CriLJ2762
..... judicial first class magistrate-ii, haripad against three accused alleging that they committed offences under sections 409, 420, 468, 471, 474 and 477a read with section 34 of indian penal code. the magistrate on receipt of the complaint sent it for investigation under section 156(3) of code of criminal procedure (hereinafter referred to as the code). ..... complaint.4. where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complaint filed before him and take action under ..... procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(b) though it is open to him to act under section 200 or section 202 also. the high court was, therefore, wrong in taking [the view that the second additional chief metropolitan magistrate was hot entitled .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-2009
Reported in : AIR2009Ker160
..... 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:(a) instruments of gift of immovable property;(b) other non- ..... daruka and ors. : [1950]1scr548 as follows:the question whether a memorandum of deposit of title deeds is compulsorily registrable under section 17 of the indian registration act, 1908, as an instrument creating an interest in immovable property, depends on whether the parties intended to reduce their bargain regarding the deposit to the form ..... of the mortgage. it follows that in such a case the document which constitutes the bargain regarding security requires registration under section 17 of the indian registration act, 1908 as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. .....
Tag this Judgment!Court : Kerala
Decided on : Jan-29-2009
Reported in : AIR2009Ker109; 2009(1)KLJ491
..... that his case pleaded is admittedly not correct and is not pressing that plea in the context of section 69 of the court fees act. rule 6(1) of order xii, cpc, as amended in 1976 reads as follows:6. judgment on admission.- (1) where admissions of fact have been made either in the pleading or ..... it belongs. for this reason, language has been called 'conceptual map of human experience.[see also high court of gujarat v. gujarat kishan mazdoor panchayat (2003) 4 scc 712, indian handicrafts emporium and ors. v. union of india and ors. : air2003sc3240 and deepal girishbhai soni and ors. v. united india insurance co. ltd. baroda : air2004sc2107 '. ..... (in the code called a purposive and strained construction),90. in maruti udyog ltd. v. ram lal and ors. : (2005)illj853sc , while interpreting the provisions of industrial disputes act, 1947, the rule of purposive construction was followed.91. in reserve bank of india v. peerless general finance and investment co. ltd. : [1987]2scr1 , this court stated .....
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 : Feb-19-2009
Reported in : 2009(1)KLJ882; (2009)IVLLJ860Ker
..... after 24-9-1997 i.e., date of the amendment of the act. aggrieved by the above restrictive provision, the petitioner challenged exhibit p2 before this court by filling o.p. no. 24282 of 2001.5. during the pendency of the o ..... . 2.5 lakhs and thereafter, to rs. 3.5 lakhs with effect from 24-9-2007.4. after delivering exhibit pi scheme, taking note of the fact that the act was amended only with effect from 24-9-1997, the first respondent/government brought about a rider confining the benefit of exhibit p1 scheme to those employees who have retired on or ..... the calculation of 'per day wages' by dividing the monthly wages by '26' (after excluding the holidays).14. the payment of gratuity act, 1972 was amended incorporating the above head 'explanation' under section 4(2) only with effect from 19-10-1997. but even much prior to that, the position of law had been crystallized by .....
Tag this Judgment!Court : Kerala
Decided on : Feb-19-2009
Reported in : 2009CriLJ2224; 2009(1)KLJ665
..... the public analysts and the central food laboratories for that simple reason. that cannot obviously be the law. that is indicated convincingly by the act. from the fact that the act till it was amended in 1976 did not contain provisions enabling the formulation of rules specifying laboratories and defining methods of analysis, it is evident that it is not ..... for the petitioners. it will not be inapposite in this context to note that section 23(1-a)(ee) and (hh) of the act were introduced long after the enactment of the act by amendment in 1976. till then, such provisions were not there enabling the central government to frame rules on these aspects. the public analysts and the ..... them and that they shall do them in accordance with the expertise which is expected from them.9. why then has the act been amended to include section 23(1-a)(ee) and (hh) of the act? i find the answer simple. it is possible that the central government may feel that certain particular tests cannot be conducted or .....
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 : 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 .....
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