Court : Kerala
Reported in : 2008(3)KLJ119; 2008(4)KLT223
..... no person shall be appointed to a teaching post in university or in any of institutions including constituent or affiliated colleges recognised under clause (f) of section 2 of the university grants commission act, 1956 or in an institution deemed to be a university under section 3 of the said act in a subject if he/she does not fulfill the requirements as to the qualifications for the subjects as provided in the annexure.provided that any relaxation in the prescribed qualifications can only be made by the university grants commission in a subject in which net is not ..... follows:1.3.3 lecturergood academic record with at least 55% of the marks or an equivalent grade of b in the 7 point scale with latter grades 0,a,b,c,d,e and f at master's degree level, in the relevant subject from an indian university, or, an equivalent degree from a foreign university.besides fulfilling the above qualifications, candidates should have cleared the eligibility test (net) for lecturers conducted by ugc, csir or similar; test accredited by the ugc. ..... first proviso to regulation 2 does not contemplate a situation where the candidate appointed during the period when the relaxation is in force, either in the university itself or in any of its affiliated colleges, would have to pass the net or face retrenchment if he or she does not pass the net ..... rajiv govjil : (1991)iillj103sc held that though the selection of the appellants is liable to be set aside, as they were working in the post for a long number .....
Tag this Judgment!Court : Kerala
Reported in : [1997]228ITR147(Ker)
..... obviously, this would create the situation of indefinitely elongating the life of this litigation because with regard to these original petitions, the provisions of section 256(2) of the income-tax act, 1961, would necessitate calling upon the income-tax appellate tribunal with a direction to refer afresh questions with regard to the same proceedings to this court. ..... ), quilon, had found substance in the contention of the assessee that the delivery notes produced before him in a majority of cases correlated with the entries found in the note books which were recovered in the course of inspection and that they represented goods transferred from the head office to the branches. ..... 1 (coch) of 1989 and thereafter out of simultaneously initiated penalty proceedings under section 271(1)(c), ending with cancellation thereof by the order dated may 20, 1991, of the income-tax appellate tribunal, cochin bench, in i. t. a. ..... learned senior standing counsel for taxes has made available to us a copy of the order dated july 1, 1991, passed by the income-tax appellate tribunal, cochin bench, rejecting the said prayer for recalling the said order. ..... 8721 of 1991 : ' whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in holding that the levy of interest under section 217(1a) is not tenable ' original petition no. .....
Tag this Judgment!Court : Kerala
Reported in : (1999)ILLJ142Ker
..... (1987-ii-llj-237) and came to the conclusion that the appellate authority constituted under section 18(2) of the kerala commercial shops and establishments act is competent to invoke the provisions contained in the act in settling the rights and liabilities of employees in so far as it relates to lay-off and retrenchment. ..... when the appointment is for a fixed period, unless there is finding that power under clause (bb) of section 2(oo) was misused or vitiated by its mala fide exercise, it cannot be held that the termination is illegal. ..... when the writ petition was filed, the learned single judge held that since he had completed more than 240 days, the termination is in violation of section 25-f of the industrial disputes act, 1947 (for short, 'the act') and directed to make fresh appointment of the respondent. ..... the result of the above discussion is that if the employees are 'workmen' and the management is an 'industry' as defined in the central act and the action taken by the management amounts to retrenchment then the rights and liabilities of the parties are governed by the provisions of chap. ..... 1 herein was quashed on the ground that the appellant has not complied with the conditions of section 25-f of the industrial disputes act, 1947 (hereinafter referred to as the act) the termination being retrenchment in the eye of law.2. ..... 9597 of 1987 has challenged the judgment dated september 23, 1991, of the learned single judge by which the termination of service of respondent no. .....
Tag this Judgment!Court : Kerala
Reported in : 1992CriLJ2860
..... the ratio adopted in those decisions is that if a statement is not admissible under section 32 of the act, it is not admissible under section 11 of the act and that there is a difference between the existence of a fact and a statement as to its ..... counsel contended that the said statement is not one which falls under section 32 of the indian evidence act, 1872 (for short 'the act'), since this is not a statement as to any of the circumstances of the transaction which resulted in his death and is hence inadmissible in ..... lordships observed thus :it seems to us that the statements in question are relevant under clause (1) of section 11, evidence act, because they are inconsistent with the fact in issue. ..... was a controvery as to whether 'the circumstances' referred to in section 32(1) of the act would embrace only proximate circumstances and would exclude distant circumstances. ..... intended that all statements are liable to be excluded from the purview of the word 'fact', illustration (a) to section 6 of the act would not have been incorporated therein. ..... a catena of decisions giving a restrictive scope for the application of section 11 of the act holding that the section is controlled by section 32 of the act. ..... gee (both from university of leeds) and bernard knight (university of wales) in their joint work 'the essentials of forensic medicine' have narrated an instance at page 267 in which one man fired on himself with a 12-bore shotgun first on the abdomen, next on the top of his shoulder .....
Tag this Judgment!Court : Kerala
Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202
..... thus :'52a fee on memorandum of appeal against the order of income-tax tribunal or wealth-tax tribunal--notwithstanding anything contained in section 52, the fee payable on a memorandum of appeal filed before the high court against the order of tribunal or the wealth-tax tribunal, under the it act, 1961 (central act 43 of 1961) or the wt act, 1957(central act 27 of 1957), as the case may be, shall be at the rates specified in sub-item (c) of item (iii) of article 3 of schedule ii'.sub-item (c) ..... of item (iii) of article 3 of schedule ii reads as follows:'(c) from an order of the appellate tribunal under the it act, 1961 or the wt act, 1957(a) where the total income of the assessee as five hundred rupeescomputed by the ao, in the case to which the appeal relates is one lakh rupees or less(b) where such income exceeds one lakh rupees one thousand ..... it is stated that the assessee gets a vested right to file appeals from the moment a lis commences, that the supreme court considered the amended provision of section 22 of the cp and berar sales-tax act, 1947 wherein the words used were 'in respect of which the appeals have been preferred', that in 3957 scr 488 the supreme court considered the language of article 133 of the constitution of india ..... somasundaran chettiar 1991 (1) klt 657 was distinguished stating that the division bench decided that, in appeals filed after .....
Tag this Judgment!Court : Kerala
Reported in : (2009)25VST147(Ker)
..... there is no doubt that there is in this matter in the first stages some similarity in the procedure to be followed for catching evaded income both under section 34 of the indian income-tax act and under the provisions of sub-section (4) of section 5 of the impugned act, but the overall picture is that though under the indian income-tax act the same officer who first arrives at a tentative conclusion hears and decides the case, his decision is not final, but is subject ..... when an assessment on escaped or evaded income is made under the provisions of section 34 of the indian income-tax act, all the provisions for arriving at the assessment provided under section 23(3) come into operation and the assessment has to be made on all relevant materials and on evidence and the assessee ordinarily has the fullest right to inspect the record and all documents and materials that are to be used against him. ..... made any bogus claim of input tax credit, special rebate or refund; or(f) has continued the business during the period of suspension of registration; or(g) has failed to return the unused statutory forms and declarations under this act after the cancellation or suspension of the registration; or(h) has not stopped any vehicle or vessel when required to do so; or(i) has failed to comply with all or any of the terms of any notice or summons issued to him by or under the provisions ..... in bhavnagar university v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker121
..... also to be observed that the effect of that decision would, in many cases, be to bar the right given by section to the liquidator and to creditors and contributors to make a misfeasance application, even before it accrues, in many perhaps, in most cases the acts complained of would include acts done more than six years before the making of the winding up order which confers the remedy, a remedy they did ..... all that the decisions referred to have said, for, it may be noted, the purpose of excluding the operation of article 36 of the limitation act at a time when, under the old section 235(2) of the 1913 act, the period of limitation for an application under that section was the same as that for a suit, was that the claim in such an application was not independent of contract which is an entirely ..... law in force al an earlier (or later) point of time is irrelevant except for purposes of ascertaining whether the substantive right itself has been extinguished under provisions like section 28 of the limitation act, or whether the particular remedial right sought to be exercised had already become barred under the previous law before the current law came into force. ..... produced at the instance of the respondents to whom all the books and records of the bank in the hands of the liquidator were made available for inspection; the facts stated in the documents marked are not controverted; and hence there seems to be no necessity for recourse to section 45-f of the banking companies act.8. .....
Tag this Judgment!Court : Kerala
Reported in : [2002]110CompCas721(Ker)
..... 10 of the counter affidavit shows that third respondent has also suggested an inspection under section 209a of the act in 1997 itself as it needs detailed inspection. ..... first respondent in this appeal (referred in this judgment as the petitioner for convenience) filed a petition under section 237 of the companies act, 1956 ('the act') to direct the central government to appoint one or more competent persons as inspectors by declaring that the affairs of ..... amendment act, 1988 with effect from 31-5-1991), the clb has power to direct the central government to appoint inspectors to investigate into the affairs of the company if circumstances mentioned in sub-clause (i), (ii) or (iii) of section 237 ..... became a public company under section 44 of the companies act with effect from 28-1-1991.... ..... 'further it was stated as follows :'...the prospectus issued by the first respondent on 18-12-1991 shows that the object of the issue was to provide a part of the funds required for acquiring the tea estate along with the processing plant which was being operated by the first ..... though a document styled as first annual report and accounts of 1991 was published on 31-2-1992, no such meeting of the company was ..... associates as on 15-1-1991 is as under ..... by resolution dated 5-1-1991 the company resolved to take over the assets ..... as at31-12-1991 first agm on 25-4- ..... the registered office of the company as mentioned in the notice attached to the report and accounts of 1991. ..... a public limited company on 28-1-1991. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KarLJ803
..... recorded as forests in the government records irrespective of the ownership;but in the revised bill submitted along with the report of the select committee, as well as in the efl act the definition of the expression 'forest' in section 2(c) was changed as follows:(c) 'forest' means any land principally covered with naturally grown trees and undergrowth and includes any forests statutorily recognized and declared as reserved forest, protected ..... 652 of 1989 before this court and as per judgment dated 12-9-1997 this court accepted the contention of the estate owner and held that the vesting provision under section 3(1) of act 26/1971 was inapplicable to the 23.7371 hectares of land as the said land formed an integral part of the tea estate containing trees such as casuarina trees planted ..... annexure f proceedings of the custodian produced along with the complaint shows that the committee (under rule 18 of the efl rules) which conducted the local inspection had reported that 24.409 hectares of land including the 23.7371 hectares laying in 7 bits most of which are lying adjacent to or contiguous to reserved forest and containing mostly species ..... of the application under rule 17 the custodian is to order a local inspection by the committee and the report of the local inspection is to be submitted within one month from the date of receipt of ..... rule is not that the committee should submit a report of the local inspection within one month from the date of the pplication for exemption under rule .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker155
..... causing the applications presented under rule 5 to be verified by the village officer or adhikari and the village officer is to verify again the details of the application with reference to revenue records and by local inspection and enquiry and to submit the report within 30 days of the receipt of the application in the village office.there is again an obligation on the tahsildar to verify the reports submitted to him by the ..... period itself has been attacked as an unreasonablerestriction.though i may not be inclined to accept such a large contention, from what i am saying immediately it will be seen that the right given under sub-section (2) read with sub-section (3) of section 6 has become absolutely unworkable and futile due to the inaction of the state govern-ment in prescribing the authority to whom the application is to be made and more than that in n.ot having specified ..... , it will be seen that an assessment to tax is to be made on the same basis that is to be adopted under section 6 of the act which takes in the provisos and explanations which have been discussed by me earlier.therefore, in my view, the provisions of section 47 also suffer from the infirmity of there being no reasonable classification and the ultimate result being of a levy at a uniform rate ..... applications presented -under rule 5 to be verified by the village officer and the village officer verifying the details given in the application with reference to the revenue records, by local inspection and enquiry. .....
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