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Judgment Search Results Home > Cases Phrase: industrial statistics act 1942 Sorted by: old Court: kerala Page 2 of about 117 results (0.119 seconds)

Jun 01 2000 (HC)

Kerala Vyapari Vavasayi Ekopana Samithi, Ottappalam and anr. Vs. State ...

Court : Kerala

Reported in : AIR2000Ker389

..... out fully in the earlier part of this judgment, (iii) we issue a writ of mandamus to the election commission to entertain complaints, if made, of violation of section 29a(5) of the representation of the people act, 1951 by any of the registered political parties or associations, and after a fair hearing, to take a decision thereon for deregistration or cancellation of registration of that party or organisation, if it is warranted by ..... in fact we feel that an active election commission can prevent indiscriminate calling for hartals enforced by threat and coercion and bundhs by parties or associations registered by it under the act, if it assumes an active role and initiates action whenever it comes across instances where the average citizen is held to ransom by a few organised persons or members of a political party or organisation and ..... vehicles could not be taken out when the workers of the industry are on strike, the high court acting under article 226 of the constitution of india has its own limitations ..... otherwords, what the petitioners submit is that in spite of the decision of the supreme court clearly holding that the calling of a bundh and the holding of it is to be considered as unconstitutional act, a new form of hartal has been developed, the effect of which is the same as that of a bundh found unconstitutional and hence to the extent the calling of a hartal invovles coercion and ..... subsequent to each hartal and the statistics furnished make out that the measures taken .....

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Jun 08 2004 (HC)

Kerala Small Industries Development Corporation Ltd. Vs. Commissioner ...

Court : Kerala

Reported in : (2004)190CTR(Ker)281; [2004]270ITR452(Ker)

..... schemes for industrial development and to develop entrepreneurship by providing package consultancy services, including pre-investment services, investment services and post investment services and for that purpose to prepare and get or cause to be prepared reports, studies, surveys, procedures, designs, blueprints, statistics and other information necessary for successful implementation of industrial projects.'7. ..... observed as follows :'.....the argument which found favour with the high court was that the loss was caused on account of devaluation of the pakistani rupee which was an act of the sovereign power and it could not, therefore, be regarded as a loss arising in the course of the business of the assessee or incidental to such ..... in that context the supreme court considered the definition of the word 'business' in section 2(5) of the excess profits tax act which is similar to the definition of the word 'business' in section 2(13) of the act and observed thus :'........whether a particular activity amounts to any trade, commerce or manufacture or any adventure in the nature of trade, commerce or manufacture is always ..... going by the clauses in the memorandum and articles of association of the assessee-company and the provisions of the kerala co-operative societies act and the rules, it is only to be held that the investment made by the assessee-company in the form of shares in co-operative societies are only in the nature of capital investments in furtherance of the objects of .....

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Sep 22 2014 (HC)

The General Secretary Vs. the New Indian Express

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. .....

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Jan 10 1961 (HC)

In Re: Saw Mills and Industries Ltd., Trichur

Court : Kerala

Reported in : AIR1962Ker148; [1963]33CompCas817(Ker)

..... chetty, air 1932 pc 1 'it is well settled that an ultra vires transaction on the part of the directors is of itself no ground for a winding up order'.considering the trivial nature of the ultra vires act alleged in this case, i hold that it cannot be made the basis for a motion for compulsory winding up of the company.12. ..... that the other share-holders cannot have any effective control of the affairs of the company; and (4) the managing agents who held control of the company from 1946 to 1960 are guilty of many acts of malfeasance, misfeasance and non-feasance which can be exposed and remedied only in a proceeding in winding up by the court. 8. ..... in 1939-1 all er 99 it is held: 'the court ought not to exercise its jurisdiction under the companies act, 1929, section 186(6) (corresponding to our section 433(f), unless some wrong has been done to the company and the company is deprived of its remedies in respect of it by the improper use of voting power of the shareholders, ..... is for compulsory winding up of the saw mills and industries, ltd, kokkalai, trichur. ..... at one time, it was thought that the grounds on which courts can act under the just and equitable clause should be of the same kind as those indicated in the preceding ..... then was) in in re, cine industries and recording co. ..... sections 235 - 246 of the companies act provide ample means for investigation, exposition and remedying of all misdeeds, it any really existed, of ..... air 1942 bom 231 :'it is for the petitioner to prove .....

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Feb 17 1961 (HC)

Mary Chacko Vs. Ouseph and ors.

Court : Kerala

Reported in : (1961)IILLJ368Ker

..... 7 of the judgment observes: the scheme of the act is clear the act was intended to regulate the payment of wages to certain classes of persons employed in industry, and its object is to provide for a speedy and effective remedy to the employees in respect of their claims arising out of illegal deductions or unjustified delay made in paying ..... the jurisdiction thus conferred on the authority to deal with these two categories of claims is exclusive; for section 22 of the act provides that matters which lie within the jurisdiction of the authority are excluded from the jurisdiction of courts, thus the jurisdiction conferred on the authority is limited by section 15, and in another sense it is exclusive as prescribed ..... argued that this writ petition is incompetent because the petitioner has an equally effective alternative statutory remedy by way of appeal under section 17 of the payment of wages act and the present writ petition without exhausting that remedy is liable to be dismissed. ..... questions and matters, which are necessary for a proper decision of the main question that unquestionably falls for decision within the jurisdiction of the authority under section 15 of the payment of wages act, have necessarily to come indicidentally within the scope of its jurisdiction. ..... this writ petition seeks to quash by a writ of certiorari the decision of the authority appointed under the payment of wages act, 1936, for ernakulam and trichur revenue districts in p.w.c. no. ..... parte read (1942) 1 k.b. .....

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Aug 12 1961 (HC)

Amalgamated Coffee Estates Ltd. Vs. State of KeralA.

Court : Kerala

Reported in : [1962]45ITR353(Ker)

..... the contention of the department which has found favour with the appellate tribunal is that the said amount is assessable in the assessment year 1956-57.sub-section (1) of section 25 of the coffee act, 1942, omitting the provisos thereto, reads as follows :'all coffee produced by a registered estate in excess of the amount specified in the internal sale quota allotted to the estate or when no internal sale quotas have been allotted to estates, ..... should follow that the said income being an income of a period prior to april 1, 1954, is not liable to taxation under the madras plantations agricultural income-tax act, 1955.the two main methods of accounting are the cash system and the mercantile system. ..... this is an application by the amalgamated coffee estates limited, sitharkunda, section 54(1) of the madras plantations agricultural income-tax act, 1955, questioning the correctness of the order the agricultural income-tax appeal no. ..... is not disputed that the assessee follows the mercantile method of accounting, and that the act has no application to the agricultural income of any year prior to april 1, 1954. ..... this kind of income will fall under section 2(a) (2) (iii) of the act that is, it is income derived from lands in the state by the sale by a cultivator of the produce raised by ..... 496 - the excess received in respect of the season 1953-54 - is not liable to taxation under the madras plantations agricultural income-tax act, 1955, and that this application has to be allowed. we do so. .....

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May 24 1962 (HC)

Venkataramana Udupa Vs. Kannan Chettiar

Court : Kerala

Reported in : AIR1963Ker9

..... 'but the court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:as to illustration (e) -- a judicial act, the regularity of which is in question, was performed under exceptional circumstances;the adversative conjunction 'but' indicates that the rider is set in contrast or as an exception to what is mentioned in the illustration (e). in mt. ..... 32 of 1934 is in proof in this case.counsel for the defendant relied on illustration (e) to section 114, evidence act, to draw a legal presumption 'that judicial and official acts have been regularly performed' and therefore to presume that 'the written consent of both the parties executed before the court' which is requisite for the assumption of jurisdiction under section 14, madras village courts act, might have been taken before the court heard the cause.the presumption ..... state industrial tribunal, air 1956 all 689 at p. ..... emperor, air 1942 tah 214, the effect of illustration (e) and its rider is mentioned thus :'the presumption under section 114 is, however, only an optional presumption. .....

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Aug 23 1963 (HC)

R. Jacob Mathew and ors. Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1964Ker39

..... in rejecting this contention of the learned advocate-general.the extracts made from the district gazetteers regarding the fast progress made by this community in respect of trade and industries, and to their occupying important positions such as merchants, land-owners, and also in the learned professions, are statements made by the state government themselves in their publications ..... numerically strong among the hindus in trivandrum district are the ezhavas, whose traditional occupation was toddydrawing, but who have, in the wake of the introduction of prohibition, taken to agriculture, trade and industries and have under proper guidance from their spiritual and social leaders, considerably improved their social, economic and political conditions. ..... even going by the statistics given in 1941, in my view, the state government cannot be considered to have acted properly in treating the ezhavas as educationally backward when they appear to have had as high a percentage of literacy, namely 46.5% in travancore as against the state average of 55%, and 34.7% in cochin as against the ..... volume ii of the report, the commission refer to the travancore-cochin area, and state that ezhavas and thiyas are agricultural and industrial labourers, coir makers, and handloom weavers. ..... also urged that the assumption in the district gazetteers that prohibition has been introduced in the whole state, which resulted in the community taking to other avocations, namely of trade, industry, agriculture, etc. .....

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Aug 18 1964 (HC)

Dharmaposhanam Company Vs. Commissioner of Income-tax, KeralA.

Court : Kerala

Reported in : [1965]58ITR600(Ker)

..... :'(1) to raise funds by conducting kuries with the company as foreman receiving donations and subscriptions and by such other means as the company deems fit;(2) to do the needful for the promotion of charity, education and industry;(3) to construct buildings or acquire properties on own account or for rent for the above-mentioned purposes;(4) to encourage others to carry on similar institutions with objects identical to that of the company;(5) to carry on ..... dewan of cochin and this was as unde :'under section 26(1) of the indian companies act, vii of 1913, made applicable to cochin by his highness the maharajas proclamation dated 19-3-1097, government are pleased to direct that the association named dharmaposhanam company, irinjalakuda, which has as its object the promotion of charity, education and industry be registered with limited liability without the addition of the word limited to its name. ..... contended by counsel appearing on behalf of the assessee that by virtue of the memorandum and articles of association which is annexure 'a' it is clear that section 4(3)(i) of the indian income-tax act, 1922, which is the relevant section, is attracted and that the income in question was derived from property held under trust or at least under other legal obligations and such income is ..... security of one or more persons approved by the directors and to raise loans for the purpose of the company and carry out other transactions (as amended on 21-11-1117, corresponding to july, 1942). .....

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Dec 09 1964 (HC)

V.V. Krishna Iyer Sons Vs. New Era Manufacturing Co. Ltd., Palghat

Court : Kerala

Reported in : AIR1965Ker241

..... the company may have no assets at all, or may have no surplus assets left for distribution among the share-holders after the satisfaction of its liabilities--neither provision, it may be noted, finds place in the english act or in the act of 1913--put it beyond doubt that holders of fully paid-up shares like the petitioners are entitled to bring a winding up petition even when they allege, as the petitioners do in this case, that the company is insolvent ..... for the appointment of a provisional liquidator (which has been read as part of the counter-affidavit in the winding up petition) that, in february 1961, the petitioners started a rival concern under the name, premier brush and allied industries, and are manufacturing and marketing brushes and other articles of the same kind as those made by the company, has not been denied.19 ..... . the petitioners' notices are therefore of no avail, and, narasimhan not having issued any notice demanding the payment of this debt, and there being no case that the petitioners have acted as agents for narasimhan, it follows that neither the demands made by the petitioners nor the fact that narasimhan has appeared to support the winding up can bring the case within the clause in question.21 ..... ., a i r 1942 bom 231 are cases where assets necessary for the company to carry on its business have been taken into account in determining its solvency.25 .....

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