Court : Kerala
Reported in : 2009(1)KLJ127
..... registrar. it is contended that since approval was not granted by the syndicate, the petitioners cannot claim advantage of the approval that were granted by a incompetent authority. in my view, this contention again lacks bonafides or substance. law requires the management to obtain approval and in these case, it was the management which ..... entitled to the benefit of reappointment. accordingly, i declare that the petitioners are eligible for the benefit of section 62(2)(b) of the mahatma gandhi university act, 1985, and direct the management to appoint the petitioners to the posts of lecturer in chemistry under the 5th respondent college.17. this shall be done as ..... lecturers in st. thomas college, ranni, pathanamthitta district. in these writ petitions they are claiming the benefit of section 62(2)(b) of the mahatma gandhi university act, 1985, which provides preference in the matter of future appointment in the college.2. briefly stated facts of the cases are, the petitioner in wp(c) no. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker205; [2000]101CompCas117(Ker)
..... court declining to approve the sale of the properties of the company by the karnataka state industrial investment and development corporation ltd. by invoking section 29 of the state financial corporations act after the passing of the winding up order against the company and directing the corporation to sell the property by standing ..... and the auction, subject to the confirmation by the company. court and also imposing certain conditions. 19. in the decision in karnataka state industrial investment and development corporation limited v. shivmoni steel tubes limited, air 1997 kant 280 a division bench of the karnataka high court upheld the order passed by the company ..... industrial and financial reconstruction c. p. no. 157/92 was registered for winding up the company and subsequently after the disposal of the appeal by the appellate authority for industrial and financial reconstruction against the order passed by the b.i.f.r., another c. p. no. 49/1994 was registered and both the .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker340
..... to control by judicial review. the first ground i would call 'illegality' the second 'irrationality' and the third 'procedural impropriety'. that is not, to say that further development on a case by case basis may not in course of time add further grounds. i have in mind particularly the possible adoption in the future of the principle of ..... beings. this fact has also been admitted to some extent by dr. marthekiley worthington in her book. the bears love climbing trees and probe into the soil and develop stereotypic behaviour when they are kept in small and dingy cages, the committee felt that it is not possible to provide such facilities in circuses. monkeys are social ..... opinion, the petitioners do not have a right of hearing the issuance of a statutory notification by an authority unless it has been specifically provided for in the statute itself. neither sub-clause (ii) of section 22 of the act nor the order dated 21-8-1997 passed by the delhi high court contemplates that any notice is to .....
Tag this Judgment!Court : Kerala
Reported in : 2004(1)KLT917
..... society, are facing the allegation for the violation of 4(1) read with section 21(1) and 23 of the mines and minerals (regulation and development) act, 1957, in short 'the central act', in c.c. no. 104/2001 on the file of the judicial magistrate of the 1st class, ramankari. they have come up before this ..... india, 'regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of union' is included in the state list, which is within the control and authority of the concerned state government. according to me, it is thus the kerala act had been enacted by the government of ..... kerala. therefore, the 2nd respondent has got absolutely no legal authority to proceed under .....
Tag this Judgment!Court : Kerala
Reported in : [2002]125STC207(Ker)
..... effect from april 1, 1995. the assessee contended that for the year 1995-96, the assessee is entitled to the benefit of the explanation. but this was rejected by the authorities. hence, this revision.2. s.r.o. no. 1728 of 1993 was issued by the government on november 4, 1993. by this notification, deduction in tax was allowed for certain ..... . 50 lakhs during the previous year 1994-95 and hence, it is not entitled to the benefit of the explanation.3. according to us, the interpretation given by the assessing authority as well as the tribunal is not correct. even though s.r.o. no. 1728 of 1993 came earlier, so far the small-scale units whose turnover is less than ..... tribunal and hold that the assessee will be entitled to the benefit of the explanation for the assessment year 1995-96. since the matter has been remanded to the assessing authority, the assessing authority will take this into account.t.r.c. is allowed.order on c.m.p. no. 2062 of 2001 in t.r.c. no. 156 of 2001 dismissed .....
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT192
..... and meaningful as also legally and factually in accord with the current realities, the court can, and in many cases must, take cautious cognisance of events and developments subsequent to the institution of the proceeding provided the rules of fairness to both sides are scrupulously obeyed.'building in which landlord was staying has been demolished. nearness ..... have been agreed upon. due to want of proper place of business for display of books, storing them etc. she is denied of the privilege of conducting and developing the business. the building bearing number 36/510 is the petition schedule building, which as we have already indicated, is an out house. the building bearing no. ..... for under sections 11(2)(b) and 11(3) of act 2 of 1965. rent control court dismissed the petition holding that there is no bona fides in the plea. however, benefit of the second proviso was denied to the tenant. on appeal by landlord the appellate authority found that the plea of the landlord is bonafide and .....
Tag this Judgment!Court : Kerala
Reported in : [2000]119STC250(Ker)
..... (taxes), ernakulam v. surya refineries (p) ltd. (1991) klj (tc) 513 and other cases where it has been held that the assessing authorities under the act cannot sit in judgment over the said certificates. it is only to avoid such a situation that a two tier scrutiny of the claim for exemption is ..... development corporation, which shall act as the nodal agency in such cases. it further provided that it shall be sufficient for the committee to issue the proceedings by not ..... board of revenue, taxes, the secretary ii, board of revenue, taxes, commissioner and secretary (industries) (members) and the managing director, kerala state industrial development corporation limited (convener). it further provided that the applications for the purposes of tax concessions mentioned in the notification shall be submitted to the kerala state industrial .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT809
..... is that everything must be done according to law and the affected person can always resort to the court of law. according to the author,...'disputes as to the legality of acts of government are to be decided by judges who are independent of the executive'. the principle is based on the theory of separation of ..... effect from 30.1.1997. the appeal before the managing committee was turned down. the deputy director (dairy development) is authorised to exercise all the powers of the registrar under the kerala cooperative societies registration act and rules in relation to milk producers' cooperative societies functioning within his jurisdiction. the matter was taken up before ..... w.a.898/1998, reported in parappuram milk producer's co-operative society v. deputy director, department of dairy development 1999(1) klt 121. the division bench took the view that the registrar acted in excess of his powers under rule 176 of the kerala cooperative societies rules in interfering with the findings of the .....
Tag this Judgment!Court : Kerala
Reported in : [1997]88CompCas104(Ker)
..... to the needs of the times. when the state is making available loans to its citizens directly and through various other public agencies with a view to industrial development and to achieve it, deems it necessary to provide for recovery of the amounts lent without reference to any bar of time, it cannot certainly be said to ..... from institutions or government for themselves, leading even to the closing down of the institutions and to make it available to other entrepreneurs is the need of a developing nation and it is with that object in view that a special law is enacted to facilitate the speedy recovery of amounts due, by making it possible to ..... 1995] 2 klt 205. the supreme court has clearly stated that for importing the machinery of the provisions containing sections 4 - 24 of the limitation act, two requirements have to be satisfied by the authority invoking the said provision. the two requirements are : (i) there must be a provision for a period of limitation under any special or local .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker345; 2006(2)KLT560
..... member or to such individual member or to such members, if a division per capita were made among all the members of the tarwad then existing.the act was in fact authored by the madras legislature. the lakshadweep and minicoy islands became a part of the madras province and was under the british administration. in 1956, along with ..... of a tarwad. the law of partition under the marumakkathayam system has undergone different stages in all the parts of the state. there are three distinct stages of development in the malabar area. the position during the prestatutory period was that there could be no partition unless all the members agree (n). the next stage was ..... to the minors to overturn the partition for the reason that the partition was effected not per capita, but per stripes. the court held as follows:.now the authorities to which mr. ananthakrishna aiyar has called our attention show conclusively that partition per stirpes, or what comes to the same thing partition by tavazhies has, to .....
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