Array ( [0] => ..... state legislature. making of such rules following due procedure is, therefore, sine qua non for the opwt23/14 -:4. :- tribunal to act in terms of the amendments brought in as per the amending act as regards its composition. this is so, though the rule of laying noted here does not prescribe the prior approval of the state ..... another from persons having knowledge of muslim law and jurisprudence. the three sources are more particularly described in the act as amended. 5.as per sub-section 4a introduced through the aforenoted substitution as per the amending act, the terms and conditions of appointment, including the salaries and allowances payable to the chairman and other members other ..... in charge of the tribunal to discharge all functions and powers of the tribunal in terms of the provisions of the act. see - abdulla shahul hameed v. state of kerala [2012 (3) klt324. 9.the amending act has changed only the composition opwt23/14 -:10. :- of the tribunal as provided in sub-section 4 of section ..... [1] => ..... be entitled to adduce further evidence. the rent control appellate authority shall consider and dispose of the appeal afresh, taking into account the evidence already on record, the amendment to the pleadings and the additional evidence, if any. since the rent control petition is very old, the appellate authority shall make every endeavour to dispose of the ..... claim under section 11(3) is that there is no proper pleading on the part of the landlord with respect to the claim under section 11(3) of the act. the appellate authority held that the need advanced is not specific and that it is vague. in the rent control petition, the need put forward by the landlord ..... on the ground of bona fide need under section 11(3) of the kerala buildings (lease and rent control) act (hereinafter referred to as 'the act'). subsequently, the landlord did not press the claim under section 5 of the act. the rent control court, by the order dated 30.7.2009, allowed the rent control petition under section 11(3 ..... [2] => ..... as a respondent in this original petition on the premise that there was no objector in the court below despite paper publication.5. a succession certificate under the indian succession act, 1952 can be granted only in respect of 'debts' or 'securities' to which the deceased was entitled. the main object of a succession certificate is ..... certificate is not necessary as it is neither a debt nor security." (emphasis supplied) the court below was well justified in disallowing the application filed for amendment of the succession certificate to include also the family pension. it would suffice if a legal heirship certificate is obtained to receive family pension in the absence of ..... succ) no.6/2012 to include also the family pension and other benefits. the said o.p (c) no.1588 of 2014 2 application purporting to amend the succession certificate was however dismissed by the court below by the order impugned. the petitioners contend that all the rights including family pension have been inherited by ..... [3] => ..... based on mount v. taylor; southerland's statutory construction 3rd edn. vol. i, para 2014 and 2022, pp. 468 and 490). broadly speaking, the principal object of a repealing and amending act is to "excise dead matter, prune off superfluities and reject clearly inconsistent enactments" -- see mohinder singh v. harbhajan kaur." another judgment relied upon is m/s gammon india ltd. v ..... p.o., idukki district. by spl. govt. pleader smt. susheela r. bhat respondent/petitioner & respondents5& 6 in the wp(c) : ------------------------------------------------------------------------------------------------- 1. munnar woods, a partnership firm registered under the indian partnership act, 1932 rep. by its managing partner k.a.joseph, aged56years, s/o.asthapanos, residing at372990, kallingal house, ponoth road, kaloor, kochi.2. k.suresh kumar, i.a.s., special officer ..... [4] => ..... works ltd. v. union of w.p.c.no.31268/2007 16 india [air2000sc811. in rayala corporation (supra) the constitution bench held that when the amendment to the rule indicates affording protection only for action already taken while the rule was in force, there is no justification in initiating new proceedings when the rule ..... rule 28 of the rules by cutting and removing trees and constructing buildings. that apart, cardamom hill reserve satisfies the definition of forest and therefore forest conservation act, 1980 applies. reference is made to ext.r4(b) stating that by notification dated 24/08/1897, travancore government notified certain areas as forest and ..... section 6 of the general clauses act which inter alia indicates that even if a central act is repealed, it shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. reference is made to the judgment of the supreme court in indian tobacco company v. commercial officer [( ..... [5] => ..... xxx xxxx xxxx xxxx xxxx the provisions in sections 397 and 398 were first introduced in the indian companies act, 1913, as section 153c by the amendment act lii of 1951, following the enactment of section 210 of the english companies act, 1948. section 397 provides against oppression of minority shareholders and section 398 provides for relief against ..... the strangers to the company. in this context, an examination of the provisions contained in section 397 is necessary. the relevant provisions (as it stood before amendment of act 11/2003, read as follows: "397. application to company law board for relief in cases of oppression:--(1) any member of a company who complain that ..... , he has an individual right to restrain the company from doing ultra r.f.a no.160 of 2004-d11vires acts, to have a reasonable opportunity of attending and speaking at meetings, to move amendments at such meetings, to transfer his shares and not to have his financial obligations to the company increased without his ..... [6] => ..... stated differently, dishonour of a cheque was conceived as a civil wrong at the time when the ni act was enacted. later, section 138 and other affiliated provisions were inserted in the ni act by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 with effect from 01.04.1989. now it becomes, therefore, a necessity to find ..... the contracting party must be of the age of majority according to the law to which he is subject. it is provided by section 3 of the indian majority act, 1875 that all persons domiciled in india shall attain the age of majority on his completing the age of eighteen years and not before. it can ..... principle of law in the said section, it should be seen that the petitioner issued the cheque in discharge of a legally enforceable debt. section 68 of the indian contract act is excerpted hereunder for clarity: "claim for necessaries supplied to person crl.mc nos.3805, 3806 & 3807/2013 12 incapable of contracting, or on his account ..... [7] => ..... date." 11. it will also be appropriate to extract relevant part of the circular and the scheme which are under:- circular1 xx xx xx 2. xx xx xx 3. the indian bank's association, in turn had taken up the matter with govt. of india, w.a. nos.937 & 947 of 2014 -:40. :- ministry of finance, banking division ..... for the respondents, that the settlement dated 27.04.2010 is not binding on the respondents, for want of amendment to the pension regulation. in support, learned counsel placed reliance on section 63 of the state bank of india (subsidiary banks) act, 1959, which lists out the procedure for framing of regulation, governing the w.a. nos.937 & 947 ..... a bipartite settlement dated 27.04.2010 took place between the indian banks association on behalf of the management and their workmen represented by the all india bank employees' w.a. nos.937 & 947 of 2014 -:4. :- association under sections 2(3) and 18(1) of the industrial disputes act, 1947. to the said settlement, the state bank of india ..... [8] => ..... petitioners herein, challenged the recommendations of the wage boards and the notification dated 11.11.2011 mainly on the following grounds:- (i) constitutional validity of the act and the amendment act, 1974. (ii) improper constitution of the wage boards (iii) irregularity in the procedure adopted by majithia wage boards. (iv) majithia wage boards overlooked the ..... the same is also covered as per the reasoning of the constitution bench 25 page 26 decision of this court. therefore, the challenge as to the amendment act, 1974 stands disallowed. 22) although, the aspect of violation of article 14 was intricately decided by the constitution bench, it is the stand of the ..... basis of gross revenue and relied on the observations in indian express newspapers (pvt.) ltd. (supra):- 53 page 54 "16...in view of the amended definition of the "newspaper establishment" under section 2(d) which came into operation retrospectively from the inception of the act and the explanation added to section 10(4), and ..... [9] => ..... for delay. para 32a is purely in the w.a. no.1612 of2008(b) ::3. :: nature of guidelines and not a rigid formula; (3) by the amendment of 1988, the compensatory portion in section 14b was segregated making section 14b purely punitive, leaving the compensatory part of damages under the unamended section 14b to be taken care ..... note of by the assessing authority and the appellate authority. accordingly, the damages was reduced from 79,616/- to 40,000/-. the learned single judge relied on the decision in indian telephone industries ltd. v. assistant provident fund commissioner and others (2006 (3) klj698, w.a. no.1612 of2008(b) ::2. :: wherein it was held that the ..... and the wages of the employees, from which the employees' contribution had to be deducted and paid, had not been paid to the workmen, for whose benefit the act itself was enacted, were relevant considerations which had to be taken into account by the assessing authority while quantifying the damages under section 14b; (5) the facts ..... ) Indian Boilers Amendment Act 2007 Section 3 Amendment of Section 2 - Sortby Old - Court Kerala - Year 2014 - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 3 amendment of section 2 Sorted by: old Court: kerala Year: 2014 Page 4 of about 75 results (0.763 seconds)

Jul 08 2014 (HC)

N.V Ali Akbar Vs. Abdul Azeez

Court : Kerala

Decided on : Jul-08-2014

..... state legislature. making of such rules following due procedure is, therefore, sine qua non for the opwt23/14 -:4. :- tribunal to act in terms of the amendments brought in as per the amending act as regards its composition. this is so, though the rule of laying noted here does not prescribe the prior approval of the state ..... another from persons having knowledge of muslim law and jurisprudence. the three sources are more particularly described in the act as amended. 5.as per sub-section 4a introduced through the aforenoted substitution as per the amending act, the terms and conditions of appointment, including the salaries and allowances payable to the chairman and other members other ..... in charge of the tribunal to discharge all functions and powers of the tribunal in terms of the provisions of the act. see - abdulla shahul hameed v. state of kerala [2012 (3) klt324. 9.the amending act has changed only the composition opwt23/14 -:10. :- of the tribunal as provided in sub-section 4 of section .....

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Jul 10 2014 (HC)

C.P.Stanly Vs. P.K.Rama Iyer

Court : Kerala

Decided on : Jul-10-2014

..... be entitled to adduce further evidence. the rent control appellate authority shall consider and dispose of the appeal afresh, taking into account the evidence already on record, the amendment to the pleadings and the additional evidence, if any. since the rent control petition is very old, the appellate authority shall make every endeavour to dispose of the ..... claim under section 11(3) is that there is no proper pleading on the part of the landlord with respect to the claim under section 11(3) of the act. the appellate authority held that the need advanced is not specific and that it is vague. in the rent control petition, the need put forward by the landlord ..... on the ground of bona fide need under section 11(3) of the kerala buildings (lease and rent control) act (hereinafter referred to as 'the act'). subsequently, the landlord did not press the claim under section 5 of the act. the rent control court, by the order dated 30.7.2009, allowed the rent control petition under section 11(3 .....

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Jul 15 2014 (HC)

Lalithambika S. Vs. Nil

Court : Kerala

Decided on : Jul-15-2014

..... as a respondent in this original petition on the premise that there was no objector in the court below despite paper publication.5. a succession certificate under the indian succession act, 1952 can be granted only in respect of 'debts' or 'securities' to which the deceased was entitled. the main object of a succession certificate is ..... certificate is not necessary as it is neither a debt nor security." (emphasis supplied) the court below was well justified in disallowing the application filed for amendment of the succession certificate to include also the family pension. it would suffice if a legal heirship certificate is obtained to receive family pension in the absence of ..... succ) no.6/2012 to include also the family pension and other benefits. the said o.p (c) no.1588 of 2014 2 application purporting to amend the succession certificate was however dismissed by the court below by the order impugned. the petitioners contend that all the rights including family pension have been inherited by .....

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Jul 25 2014 (HC)

State of Kerala and Other Vs. Munnar Woods, a Partnership Firm Rep. by

Court : Kerala

Decided on : Jul-25-2014

..... based on mount v. taylor; southerland's statutory construction 3rd edn. vol. i, para 2014 and 2022, pp. 468 and 490). broadly speaking, the principal object of a repealing and amending act is to "excise dead matter, prune off superfluities and reject clearly inconsistent enactments" -- see mohinder singh v. harbhajan kaur." another judgment relied upon is m/s gammon india ltd. v ..... p.o., idukki district. by spl. govt. pleader smt. susheela r. bhat respondent/petitioner & respondents5& 6 in the wp(c) : ------------------------------------------------------------------------------------------------- 1. munnar woods, a partnership firm registered under the indian partnership act, 1932 rep. by its managing partner k.a.joseph, aged56years, s/o.asthapanos, residing at372990, kallingal house, ponoth road, kaloor, kochi.2. k.suresh kumar, i.a.s., special officer .....

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Jul 25 2014 (HC)

M/S.Autumn Wood Resorts (Cloud 9) Vs. State of Kerala and Others

Court : Kerala

Decided on : Jul-25-2014

..... works ltd. v. union of w.p.c.no.31268/2007 16 india [air2000sc811. in rayala corporation (supra) the constitution bench held that when the amendment to the rule indicates affording protection only for action already taken while the rule was in force, there is no justification in initiating new proceedings when the rule ..... rule 28 of the rules by cutting and removing trees and constructing buildings. that apart, cardamom hill reserve satisfies the definition of forest and therefore forest conservation act, 1980 applies. reference is made to ext.r4(b) stating that by notification dated 24/08/1897, travancore government notified certain areas as forest and ..... section 6 of the general clauses act which inter alia indicates that even if a central act is repealed, it shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. reference is made to the judgment of the supreme court in indian tobacco company v. commercial officer [( .....

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Jul 31 2014 (HC)

K.Santhakumari Vs. M/S.K.J.Trading Co.Pvt Ltd

Court : Kerala

Decided on : Jul-31-2014

..... xxx xxxx xxxx xxxx xxxx the provisions in sections 397 and 398 were first introduced in the indian companies act, 1913, as section 153c by the amendment act lii of 1951, following the enactment of section 210 of the english companies act, 1948. section 397 provides against oppression of minority shareholders and section 398 provides for relief against ..... the strangers to the company. in this context, an examination of the provisions contained in section 397 is necessary. the relevant provisions (as it stood before amendment of act 11/2003, read as follows: "397. application to company law board for relief in cases of oppression:--(1) any member of a company who complain that ..... , he has an individual right to restrain the company from doing ultra r.f.a no.160 of 2004-d11vires acts, to have a reasonable opportunity of attending and speaking at meetings, to move amendments at such meetings, to transfer his shares and not to have his financial obligations to the company increased without his .....

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Sep 02 2014 (HC)

Anagha Prasad Vs. M.C.Abu

Court : Kerala

Decided on : Sep-02-2014

..... stated differently, dishonour of a cheque was conceived as a civil wrong at the time when the ni act was enacted. later, section 138 and other affiliated provisions were inserted in the ni act by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 with effect from 01.04.1989. now it becomes, therefore, a necessity to find ..... the contracting party must be of the age of majority according to the law to which he is subject. it is provided by section 3 of the indian majority act, 1875 that all persons domiciled in india shall attain the age of majority on his completing the age of eighteen years and not before. it can ..... principle of law in the said section, it should be seen that the petitioner issued the cheque in discharge of a legally enforceable debt. section 68 of the indian contract act is excerpted hereunder for clarity: "claim for necessaries supplied to person crl.mc nos.3805, 3806 & 3807/2013 12 incapable of contracting, or on his account .....

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Sep 17 2014 (HC)

State Bank of Travancore Vs. C.M Paul

Court : Kerala

Decided on : Sep-17-2014

..... date." 11. it will also be appropriate to extract relevant part of the circular and the scheme which are under:- circular1 xx xx xx 2. xx xx xx 3. the indian bank's association, in turn had taken up the matter with govt. of india, w.a. nos.937 & 947 of 2014 -:40. :- ministry of finance, banking division ..... for the respondents, that the settlement dated 27.04.2010 is not binding on the respondents, for want of amendment to the pension regulation. in support, learned counsel placed reliance on section 63 of the state bank of india (subsidiary banks) act, 1959, which lists out the procedure for framing of regulation, governing the w.a. nos.937 & 947 ..... a bipartite settlement dated 27.04.2010 took place between the indian banks association on behalf of the management and their workmen represented by the all india bank employees' w.a. nos.937 & 947 of 2014 -:4. :- association under sections 2(3) and 18(1) of the industrial disputes act, 1947. to the said settlement, the state bank of india .....

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Sep 22 2014 (HC)

The General Secretary Vs. the New Indian Express

Court : Kerala

Decided on : Sep-22-2014

..... petitioners herein, challenged the recommendations of the wage boards and the notification dated 11.11.2011 mainly on the following grounds:- (i) constitutional validity of the act and the amendment act, 1974. (ii) improper constitution of the wage boards (iii) irregularity in the procedure adopted by majithia wage boards. (iv) majithia wage boards overlooked the ..... the same is also covered as per the reasoning of the constitution bench 25 page 26 decision of this court. therefore, the challenge as to the amendment act, 1974 stands disallowed. 22) although, the aspect of violation of article 14 was intricately decided by the constitution bench, it is the stand of the ..... basis of gross revenue and relied on the observations in indian express newspapers (pvt.) ltd. (supra):- 53 page 54 "16...in view of the amended definition of the "newspaper establishment" under section 2(d) which came into operation retrospectively from the inception of the act and the explanation added to section 10(4), and .....

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Oct 10 2014 (HC)

The Regional Provident Fund Commissiner Vs. M/S.Puthiyara Tile Works a ...

Court : Kerala

Decided on : Oct-10-2014

..... for delay. para 32a is purely in the w.a. no.1612 of2008(b) ::3. :: nature of guidelines and not a rigid formula; (3) by the amendment of 1988, the compensatory portion in section 14b was segregated making section 14b purely punitive, leaving the compensatory part of damages under the unamended section 14b to be taken care ..... note of by the assessing authority and the appellate authority. accordingly, the damages was reduced from 79,616/- to 40,000/-. the learned single judge relied on the decision in indian telephone industries ltd. v. assistant provident fund commissioner and others (2006 (3) klj698, w.a. no.1612 of2008(b) ::2. :: wherein it was held that the ..... and the wages of the employees, from which the employees' contribution had to be deducted and paid, had not been paid to the workmen, for whose benefit the act itself was enacted, were relevant considerations which had to be taken into account by the assessing authority while quantifying the damages under section 14b; (5) the facts .....

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