Court : Kerala
Reported in : [1994]81CompCas490(Ker)
..... a member of the scheduled tribe to a person other than a member of such tribe, without the previous consent, in writing, by the competent authority appointed under the act is invalid. 'transfer' has been defined, in a broad all-embracing manner, to include in its sweep every disposition of property, including transfer ..... it cannot be attached. these provisions manifest the legislative determination to prohibit transfer of lands by tribals to non-tribals except with the permission of the competent authority. the determination is backed by creation of a machinery to restore the lands to the tribals. the basic postulates of this legislative remedy are : (i) ..... societies too are corporations. there may be corporations which acquire property of tribals. if 'a corporation' meaning every company--were exempt from the provision of the act, any corporation could come within the excepted category. the statute has, in clause (c)of section 3, categorised the transferees from tribals, with reference to .....
Tag this Judgment!Court : Kerala
Reported in : [1995(70)FLR113]; (1995)ILLJ323Ker
..... of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate government, or such authority as may be specified by the appropriate government by notification in the official gazette.' 9. therefore, for a proper and legal retrenchment of the workman, he ..... the industrial tribunal further found that the worker is entitled to the retrenchment compensation and notice pay in terms of section 25-f of the industrial disputes act. ext. p4 award concluded with the finding of the industrial tribunal that ext. w1 retrenchment notice does not indicate that the workman was offered compensation also ..... and the worker that no offer was made by the petitioner regarding the retrenchment compensation or notice pay as contemplated under section 25f of the industrial disputes act and, therefore, the retrenchment of the worker is clearly illegal and unjust. they also reiterated the statement in ext. p1 that the worker muraleedaran nair .....
Tag this Judgment!Court : Kerala
Reported in : (1994)IILLJ646Ker
..... (b) of sub-section (3) of section 1 of the act. it is 'any other establishment'. if it employs 20 or more employees, the act applies. section 2(e) defines the expression 'employer'. in relation to evans and super, the employer is 'the person who, or the authority which, has the ultimate control over the affairs of the establishment....' ..... in order that the petitioner is liable as an employer, it must be shown that he has the ultimate control over the affairs not only of evans but also of super. aware of the tendency of traders to evade liability under the act by ..... the correctness of the finding that the two establishments are, in reality, one, the principles of law on the subject need to be noted. the ultimate control or authority over the employees of evans and super determines the question whether they constitute one establishment (new street textiles v. union of india, [1975] klt 426).9. varghese .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT117
..... in running the business, the legal heirs would not be entitled to the protection of the second proviso to section 11(3) of the act. in view of the above, the appellate authority allowed the appeal and directed eviction of the legal heirs of the original tenant from the petition schedule shed.8. the points arising for consideration ..... ) of the act. challenging the judgment of the appellate authority, the c.r.p. is filed.2. it is contended by the landlord in the application for eviction that the petition schedule shed belonged to the ..... the petition schedule building under sections 11(2)(b) and 11(3) of the kerala buildings (lease and rent control) act. while the rent control court dismissed the application on both the grounds, the appellate authority allowed the appeal and held that the landlord has established sufficient grounds for eviction under section 11(2)(b) and 11(3 .....
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Reported in : II(2002)ACC377
..... ) the route or routes or the areas to which the application relates'. section 72 relates to grant of stage carriage permits. section 72(2) reads:-'the regional transport authority, if it decides to grant a stage carriage permit, may grantthe permit for a stage carriage of a specified description and may, subject to any rules that maybe made ..... cannot be in respect to different routes. with great respect, i disagreewith the approach made by the madhya pradesh high court in importing the provisionsof the general clauses act for interpreting the provisions in the statute. in fact thelegislature in its wisdom has used the word route as well as routes in three placesunder different context and ..... ' and thereby it is patent that a permit can be issued in respect of more thenone route. route has been defined under section 2(38) of the act, which reads:'route means a line of travel which specifies the highway which may be traversed by a motorvehicle between one terminus and another'.in view of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker254
..... computed by asst.. engineer or asst. exe. engineer. the state and central government departments are exempted from payment of security deposit. corporations, companies, boards, authorities and other undertakings under state/central govt. are, however, not exempted from payment of security deposit.(ii) the security deposit of eht consumers shall be either ..... that conditions of supply of electrical energy were framed by the board in exercise of the powers conferred under section 790) of the electricity (supply) act, 1948. according to counsel, regulations are therefore statutory in character and all consumers under the board are bound by the regulations. counsel contended that the ..... further contended that there is no necessity for demanding security deposit, since the board has got ample power under section 24 of the indian electricity act read with regulation 32 of conditions of supply of electrical energy to disconnect electricity supply for non-payment of dues. according to counsel, in any .....
Tag this Judgment!Court : Kerala
Reported in : (1998)ILLJ859Ker
..... regulation 13(1) insists for a certificate from a particular doctor of their choice. but regulation 13(2) of the code stipulates that the sanctioning authority shall have the right of requiring the employee applying for leave on grounds of illness or sickness to be examined by a medical man of his choice ..... industrial tribunal to adjudicate and the government could not havearrogated itself the functions of the tribunalwhile exercising the administrative functions under section 10 of the industrial disputes act. ext.p6 order passed by the firstrespondent considering into the merits of thedispute and by determining the lis by itselfis ultravires and illegal.e) exts. ..... of the management is involved.c) dispute over leave would surely be an industrial dispute within the meaning of section 2(k) of the industrial disputes act, 1947.d) while declining reference under ext.p6 the first respondent has upheld that the management may reasonably prescribe conditions to regulate the sanction or refusal .....
Tag this Judgment!Court : Kerala
Reported in : 2001(132)ELT271(Ker)
..... to be forfeited to the central government. the petitioners then filed ext. p4 explanation which was considered by the competent authority under the aforesaid act. ext. p5 order was then issued holding under section 7 of the act, that the right, title and interest of the petitioners being under the 'affected person' (saidalavi) are illegally ..... matters within its province. this court also cannot substitute the view of the expert with its own views. when the legislature or executive acts within the sphere of its authority the court can enter only to satisfy the test of reasonableness. what can be looked into therefore is whether the findings of fact ..... acquired as defined under section 3 of the act and are liable for forfeiture. the petitioners then filed ext. p6 appeal before the appellate tribunal constituted under the act. as per ext. p7 order, the appellate authority found that as regards the rights of the petitioners the forfeiture will stand, though .....
Tag this Judgment!Court : Kerala
Reported in : (1993)111CTR(Ker)112; [1993]203ITR685(Ker)
..... filed on june 15, 1976, based on the assessee's working results for five months up to may 31, 1976, and taking into account the unabsorbed depreciation and development rebate for the assessment years 1974-75, 1975-76 and 1976-77 available for set off and a bona fide estimate was made. the tribunal considered the working sheet ..... a bona fide working made on june 14, 1976, was a new plea. it does not appear to have been taken either before the assessing authority or before the first appellate authority. the first appellate authority, no doubt, referred to a manuscript calculation that was filed in paragraph 5 of its order. but, it is not clear whether the manuscript ..... the income-tax appellate tribunal, cochin bench, has referred the following two questions of law for the decision of this court under section 256(2) of the income-tax act, 1961 :'1. whether, on the facts and in the circumstances of the case, the tribunal is right--(i) in cancelling the order of the income-tax officer levying .....
Tag this Judgment!Court : Kerala
Reported in : 1998(1)ALT(Cri)221; 1998CriLJ3494
..... laboratory. therefore, the question to be considered in this case is whether there is proper compliance of the provisions of section 13(2) of the act by pw 6, the local health authority. as already noted the notices along with the copy of the analysis report by the public analyst sent by pw 6 are returned as unclaimed and ..... if it is admissible the court must decide on the circumstances of each ease whether any weight should be attached to it. all relevant authority and also the provisions of the evidence act would support the proposition that the evidence of a witness in these circumstances is admissible and the judge who is dealing with it must decide ..... the correct address of the addressee and delivered to the post office, there is presumption under section 27 of the general clauses act that the latter is delivered to the addressee. the postman has no authority nor is expected to detain the letter until the addressee chooses to receive the letter, when the postman' is unable to deliver .....
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