Court : Kerala
..... islands of andaman and nicobar and lakshadweep and the marine areas surrounding these islands up to its territorial limit, as coastal regulation zone (hereinafter referred to as the crz) and restricts the setting up and expansion of any industry, operations or processed and manufacture or handling or storage or disposal of hazardous substances as specified in the hazardous substances (handling, management and transboundary wp(c).no.19564/11 & con.cases 5 movement) rules, 2009 in the aforesaid crz; and ..... before such supercession, the central government hereby declares the following areas as crz and imposes with effect from the date of the notification the following restrictions on the setting up and expansion of industries, operations or processes and the like in the crz- (i) the land area from high tide line (hereinafter referred to as the htl) to 500 mts on the landward wide along the sea front. ..... view, the declaration of the law by the framer of the law is clear and on the other hand, it is reinforced by the actions of those charged with the duty of implementing the same (the act of preparation of the plan) which unambiguously discloses the inclusion of not only the islands in question, but various other islands wherein restrictions have been imposed and enforced for a long period of time. ..... is probably of french origin and was apparently first applied with any definiteness at the statistical conference held in brussels in 1853, as referring to national maps on very large scales .....
Tag this Judgment!Court : Kerala
..... of determination of undisclosed income, - (a) the total income or loss of each previous year shall, for the purpose of aggregation, be taken as the total income or loss computed in accordance with the provisions of this act without giving effect to set off of brought forward losses under chapter vi or unabsorbed depreciation under sub-section (2) of section 32: provided that in computing deductions i.t.a.no.221 of201229 under chapter via for the purposes of the said ..... purchasing goods is guilty of an offence under clause (b) or clause ( c ) or clause (d) of section 10, the authority who granted to him or, as the case may be, is competent to grant to him a certificate of registration under this act, may, after giving him a reasonable opportunity of being heard, by order in writing, impose upon him by way of penalty a sum not exceeding one-and-a-half times the tax which would have been levied under ..... assessing officer noted that the assessee was regularly claiming depreciation on the building owned by the assessee which had been rented out to third parties, noting that depreciation under section 32 of the act is allowable only when it is used for the purpose of the business and as it was evident that the building was not used for the purpose of the business, no depreciation could be ..... ) 49 tlr446the words " false representation" occurring in section 3 of the industrial assurance act, 1923 were construed as including any untrue statement, whether made innocently or ..... ( 1942 .....
Tag this Judgment!Court : Kerala
..... for fixation of rates of wages for the working journalists and it is contended that apart from creating a class of privileged workers with benefits and rights which were not conferred upon other employees of industrial establishments, the act has left the fixation of rates of wages to an agency invested with arbitrary and uncanalised powers to impose an indeterminate burden on the wage structure of the press, to impose such employer-employee relations ..... consideration; (e) allowing the board in fixing the wages to adopt any arbitrary procedure even violating the principle of audi alteram partem; (f) permitting the board the discretion to operate the procedure of the industrial disputes act for some newspapers and any arbitrary procedure for others; (g) making the decision binding only on the employers and not on the employees, and (h) providing for the recovery of money due from the ..... ; (e) allowing the board in fixing the wages to adopt any arbitrary procedure even violating the principle of audi alteram partem; (f) permitting the board the discretion to operate the procedure of the industrial disputes act for some newspapers and any arbitrary procedure for others; (g) making the decision binding only on the employers and not on the employees, and (h) providing for the recovery of money due from ..... coherent manner in the presence of all the wage board members after having processed various statistics and we find no irregularity in the procedure adopted by the impugned wage boards. .....
Tag this Judgment!Court : Kerala
..... petitioner stated in the writ petition that in january, 2006 after receiving a postal article addressed to jay shree tea industries, they came to know that a litigation was going on at the instance of the previous owner of the estate against the notification issued under the ordinance notifying the land as ecologically fragile land ..... hence the assumption by the custodian that the land vested on 2.6.2000 in the state and jay shree tea industries has no jurisdiction to transfer was not correct and was an issue which was yet to be decided in application ..... that the 2nd respondent has no right to undertake any construction or change of landscape at the proposed site (purchased under exhibit p34) as no vaid and clear title had been transferred from jay shree tea and industries to the 7th respondent, which transfer was void ab initio and w.p(c) no.26691 of 2010, etc. -:29. ..... manalaroo estate (an estate of the nelliampathy tee & produce company limited) dated229/2008 p3 copy of the certificate of registration issued under the provisions of the coffee act,1942 in respect of the very same estate dated2212/62. ..... is used in a wider sense so as to take in all manner and method of distribution such as distribution between regions, distribution between industries, distribution between classes and distribution between public, private and joint sectors. ..... the reason given by him is that his previous owner, m/s.jay shree tea industries, has no right to transfer the estate to the w.p(c) no.26691 of 2010, .....
Tag this Judgment!Court : Kerala
..... (c)no.12720 of 2014 l -------------------------------------------- dated this the 17th day of november, 2014 judgment the petitioner, working in a private industry as painter, applied for the post of painter grade ii in the second respondent corporation in response to exhibit p1 notification issued by the first respondent, the recruiting ..... is no difficulty in ascertaining the period of experience and the subsequent gaps provided there are only meant to give clear-cut information in statistical terms, i do not think it to be any defect, substantial or simple, going to the root of the matter. ..... , the general manager, district industries centre, thiruvananthapuram, has also wrongly filled up the date when he singed exhibit p5 ..... when the petitioner sought information by invoking the provisions of the right to information act, the first respondent supplied the reasons through exhibit p9 for rejection. ..... the general manager, district industries centre, water authority compound, vellayambalam, thiruvananthapuram - 695 ..... version, makes it very clear that the employer in this case, namely oscar arts and designers, a proprietry concern, issued the experience certificate, which was duly counter signed by the general manager, district industries centre, thiruvanathapuram. ..... raised this as an objection in its counter affidavit, nor has it cited the reason for rejection in exhibit p9 reply given in response to the query raised by the petitioner under the provisions of the right to information act.10. .....
Tag this Judgment!Court : Kerala
..... -section (1) superseding a corporation-- (a) all the [directors] of the corporation shall, as from the date of supersession, vacate their offices as such [directors]; (b) all the powers and duties which may, by or under the provisions of this act or of any other law, be exercised or performed by or on behalf of the corporation shall, during the period of supersession, be exercised and performed by such person or persons as the state government may direct; (c) all property vested in ..... road transport corporation act, 1950 is a central enactment, the state governments, in terms of section 3 of the act, can establish a road transport corporation for the whole or any part of the state with a view to offering to the public, trade and industry the wpc264414 & ..... submitted that on 07.08.2014 this court issued a direction to the government to explore the option of invoking sections 37 and 38 of the act if the corporation was not in a position to perform its statutory obligations, thereby taking over the corporation and re-structuring it, if necessary ..... in terms of section 35 of the act, the corporation is required to furnish to the state government such returns, statistics, accounts and other information with respect to its property or activities or in regard to any proposed scheme as the state government may from time ..... statistically submitting, the learned standing counsel has contended that the corporation generates monthly revenue of ` 165 crores, whereas its monthly payment amounts to ` .....
Tag this Judgment!Court : Kerala
..... the first petitioner is an a-class registered contractor having sufficient experience, doing major government contract works for more than two decades and the 2nd petitioner is stated as a trader in heavy industrial machinery, also having experience in trading of river sand and undertaking central government contracts and other related activities.4. ..... the market value of the sales per tonne shall not less than the statistical price date maintained by the department of economics and statistics or in the absence of which that department shall be requested to provide a market valuation certificate per tonne of the output.6. ..... with regard to the contention of the petitioners, as to alleged infringement of the provisions of the kerala protection of river banks and regulation of removal of sand act, 2001 (as raised in ground (j) of the writ petition) extraction of sand from any river is not the primary objective behind the tender. ..... (c) no.881 of 2015 4 sand act, 2001, in so far as the tender, though invited in a minor port, dredging of sand nevertheless is to be conducted in a river.5. ..... this being the position, this court does not find any merit in the contention raised by the petitioners with reference to the alleged infringement of the kerala protection of river banks and regulation of removal of sand act as well.22. .....
Tag this Judgment!Court : Kerala
..... ; or (c) if the holder thereof is convicted of any offence against this act or of any cognizable and non- bailable offence or of any offence under the dangerous drugs act, 1930, or under the trade and merchandise marks act, 1958, or under sections 478 to 489 of the indian penal code; or (d) where a license or permit has been granted on the application of the holder of an ..... by the holder thereof be not duly paid; or (b) in the event of any breach by the holder of such license or permit or by his servant, or by any one acting with his express or implied permission on his behalf, of any of the terms and conditions of such license or permit; or (bb) if the holder thereof or his servant, or any one acting with his express or implied permission on his behalf, sells or stores for sale liquor in any place other than the licensed premises ..... the required results were not achieved and the statistics would show that the consumption of alcoholic drinks in the state of kerala increased day by day ..... (m) the restrictions placed on the trade or business in industrial alcohol or in medicinal and toilet preparations containing liquor or alcohol may also be for the purposes of preventing their abuse or diversion for use as or in beverage. ...............64 ..... (l) likewise, the state cannot prohibit trade or business in industrial alcohol which is not used as a beverage but used legitimately for industrial purposes. .....
Tag this Judgment!Court : Kerala
..... are as follows: the debt recovery appellate tribunal erred in finding that the debts recovery tribunal had no jurisdiction to pass an order in the nature of ext.p14 because the provisions of section 19 (25) of the rddbfi act gives ample powers to the drt to pass such orders so as to prevent abuse of its process and to secure the ends of justice. ..... of the property was a contentious issue between the parties, the drt directed the parties to forward a list of valuers, who were approved valuers of nationalized banks as per the wealth tax act, for the purposes of valuing the property, the release of which was sought for by the petitioners. ..... a plethora of judgments that recognise the legal position that the powers of the drt under the rddbfi act are wider than that of the civil court (see: industrial c. ..... by the 3rd respondent, was rejected by the drt on finding that the said person was only a valuer of plant and machinery, and not a civil valuer as per the wealth tax act and, therefore, incompetent to value the property of which release was sought for by the petitioners. ..... in the light of the said interpretation with regard to its powers under the rddbfi act, ext.p14 order of the drt, that permitted the petitioners to redeem item 12 property, which was a tarwad property of sentimental value to the petitioners, by paying an amount of rs.4,90,00,000/- to the respondent bank, based ..... pandit parbhu dayal and others [air (29) 1942 pc50, and the decisions of this court in frenchikkose thommi .....
Tag this Judgment!Court : Kerala
..... exhibit r4(b): true copy of the statistics from1511.2013 to1412.2013. ..... it may be in public interest to restrict the price, but such powers, if at all, are circumscribed by the requirement to recognise the fundamental rights of a person to carry on an industry or business to his liking. ..... (c)nos.28902 & 30763/13 & 31120 & 31819/14 -15- articles control act, 1986 empowers the state government to declare any article, not being an essential commodity within the meaning of the essential commodities act, 1955, to be an essential article and to control by a notified order, the production, supply and distribution of, and trade and commerce in any such essential article ..... relying on the provisions of the kerala essential articles control act, 1986, the learned senior government pleader would contend that, the district administration has the power to control, during sabarimala pilgrimage season, the price of food stuffs in the hotels and restaurants in pathanamthitta district, in ..... nos.28902 & 30763/13 & 31120 & 31819/14 -16- act mandates the notified orders to be laid before the legislative assembly and going by section 6 of the act, any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act, or in any instrument having effect by virtue of any enactment other than this act. ..... , the contention raised by the learned senior government pleader relying on the provisions of the aforesaid act can only be repelled.16. .....
Tag this Judgment!