Court : Kerala
..... a whole and not in parts. this principle settled through the judgment in sekharan (supra), rendered by this court in 1965 has not been affected by any of the amendments made thereafter to the cpc. lekshmi kutty pillai (ponnamma) (supra) was rendered by the travancore-cochin high court in a second appeal. therefore, the provisions of order ..... considered since it is not inconsistent with the cause of action on the basis of which the claim petition was filed. in sheikhupura transport co. ltd. v. northern indian transport insurance co. [air 1971 sc 1624], the apex court held, inter alia, that the pecuniary loss to the aggrieved party would depend upon data which cannot ..... power of the tribunal to award compensation in excess of the amount which is claimed in the application. in nagappa, it was further held that the motor vehicles act does not provide for passing any further award after the final award is passed and therefore, in a case where injury to a victim requires periodical medical expenses .....
Tag this Judgment!Court : Kerala
..... of the state government, to function as the conciliation officer in respect of establishments like the appellant herein. subsequently, the said notification was amended by the central government as per the notification dated 05.05.2008, whereby the third respondent herein came to be the conciliation officer 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 ..... the third respondent herein (second respondent in the writ petition) to conciliate the industrial dispute raised in ext.p3 in accordance with the industrial disputes act. 5. the 3rd and 4th respondents in the writ petition (appellant and third respondent herein) filed separate counter affidavits, which are complementary to .....
Tag this Judgment!Court : Kerala
..... regular vacancies; which do not take in the additional vacancies. 49. chapter xxi, newly introduced in the ker, and rule 12 of chapter xxiii, substituted by the amendment act, are incongruous. as per chapter xxi whenever regular vacancies occur, including the anticipated vacancies as on 31st may of the succeeding year, they have to be reported within ..... -rule(2) of rule 2 of the sro, rule 1 of chapter xiv a, dealing with the conditions of services of aided school teachers, has been amended. the amended rule 1 of chapter xiv-a substitute the words employed, making the need for ascertaining the availability of qualified hand and for filling up vacancy; to be on ..... legislation, unlike in england, can be also raised on the ground of unreasonableness and arbitrariness. suffice it to refer to the decision of the hon'ble supreme court in indian express newspapers (bombay) private ltd. and others v. union of india and others [(1985) 1 scc 641], paragraphs 75, 77 and 78 of which are extracted hereunder .....
Tag this Judgment!Court : Kerala
..... from reclaiming and/or converting the properties in the concerned survey number in manakkunam village, in violation of the conservation of paddy land and wet land act. subsequently, the writ petition was got amended, also seeking to set aside ext.r6(h) and r6(i) which are orders dated 10.03.2006 passed by the commissioner for land revenue ..... were passed on 10.03.2006 and 12.05.2006 came to be challenged in w.p.(c) 16783 of 2009 only after causing the writ petition to be amended in the year 2012. as such, there is culpable delay in approaching this court and hence the writ petitions are liable to be dismissed on this score alone. ..... grama panchyath, however alerting the respondent company that the construction work should be effected only in accordance with the mandate of section 220b of the kerala panchayath raj act 1994 and the provisions under the coastal regulation zone notification 1991. 8. the respondent company has filed counter affidavit, pointing out that the property having a total .....
Tag this Judgment!Court : Kerala
..... published in kerala gazette extra ordinary no.1843 dated 7.10.2009. the amended provision contained in sub section (1) of sec ..... the land conservancy act as it stood at the relevant time. at the outset it is to be noted that sub sec.(1)of sec.20a has subsequently been amended with effect from 8.11.2008 as per amendment act 29 of 2009 ..... suit will stand remitted to the trial court for disposal afresh. the parties will be at liberty to make appropriate amendments of the pleadings and to let in additional oral or documentary evidence as may be relevant for the determination of ..... .20a is not applicable in the instant case as the cause of action in this case arose on 8.6.1994 and the instant suit has been filed on 14.07.1994, whereas the amended .....
Tag this Judgment!Court : Kerala
..... respect of both the services is the same, although they may be classified separately for the purposes of levy of service tax under the finance act, 1994, as amended. the argument advanced on behalf of the state government, by the learned special government pleader, appears to focus on the technological difference in the ..... granted license to provide direct-to- home (dth) broadcasting service by the government of india under section 4 of the telegraph act, 1885 (central act 13 of 1885) and indian wireless telegraphy act, 1933 (central act 17 of 1933) and providing such service within the state. (fd) luxury provided by direct-to-home (dth) broadcasting service ..... are all companies engaged in providing dth services, having been granted licenses, by the government of india, to provide such services under the indian telegraph act, 1885 and the indian wireless act, 1933 on the terms and conditions specified in the licenses issued to them. 2. in the broadcasting sector, the content of the broadcast .....
Tag this Judgment!Court : Kerala
..... the following was laid down: 17. 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 country". art.47 further imposes the ..... . what are the grounds for striking down a subordinate legislation need to be looked into before embarking upon the enquiry further. 27. the apex court in indian express newspapers v. union of india ([1985] 1 scc 641) lays down that subordinate legislation may be questioned on any of the grounds on which plenary ..... pronouncements, if any, need be duly noted. the union ministry of mines along with indian bureau of mines and respective state governments should therefore make necessary provisions in this regard under the mines and minerals (development and regulation) act, 1957, mineral concession rules, 1960 and adopt model guidelines to be followed by all .....
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..... the views of the governor and the central government shall seek orders from the competent authorities. 22. in view of rule 7(1a) inserted by the amendment rules, 2014, before orders of the competent authority are obtained, the central government is required to consult the chief justice of india in accordance with the ..... by the president after consultation with the governor of the concerned state. 17. in exercise of its rule making powers under section 36(c) of the act and in supercession of the administrative tribunals (procedure for appointment of vice chairman and members) rules, 2006, the central government made the administrative tribunals (procedure for ..... notification, an administrative tribunal for the state to exercise the jurisdiction, powers and authority conferred on the administrative tribunal for the state by or under the act. it was in exercise of this power that the kerala administrative tribunal was established by the government of india by its notification gsr 705(e) dated .....
Tag this Judgment!Court : Kerala
..... the above proposition is that the first respondent has been denuded of any jurisdiction to decide on any service dispute, at least from the date of amendment to section 69 of the act 02.01.2003. issue no.ii: 17. the next moot question is whether the petitioner is permitted to raise the issue at this juncture, it ..... that this court may as well direct the first respondent to transfer the proceedings to the arbitration court as had been originally contemplated when the amendment was effected to section 69 of the act. 26. in reply, the learned counsel for the petitioner has submitted that once the court declares a proceeding to be null and void, ..... p2 primary order and also exhibit p6 order in execution. 5. the learned counsel for the petitioner has submitted that ever since the amendment of section 69 of the kerala co-operative societies act, 1969 ('the act' for brevity); i.e., from 2003, all service disputes of whatever nature shall be adjudicated upon by the arbitration court, but not .....
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..... consideration, provided that the proceeds of the sale by a person not being a company or firm registered under the companies act, 1956 (central act 1 fo 1956) and indian partnership act, 1932 (central act 9 of 1932) [or society including a co-operative society or association of individuals whether incorporated or not] of ..... feel it would be apposite to notice the provisions as they stood, when introduced through the finance bill and thereafter, when they were amended and enacted through the finance act. the kerala finance bill, 2014 6a. payment of turnover tax on textile articles:- notwithstanding anything contained in section 6, every dealer whose ..... ltd. [[2009] 319 itr 306 (sc)]. 22. i cannot accept the said contention of the petitioners. the principles of statutory interpretation mandate that a substantive amendment in a taxing statute be construed as prospective in its operation unless otherwise stated [see: commissioner of income tax (central)-1, new delhi v. vatika township .....
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