Court : Kerala
Reported in : AIR1961Ker123; (1960)IILLJ207Ker; (1960)IILLJ207Ker
..... a body, which is the creature of a statute, such as the university under the kerala university act, is different from a body which is registered in pursuance of a statute or is recognised by ..... the petitioner has offered the explanation for the delay in paragraph 6 of his affidavit in support of the petition, that he had preferred an appeal under section 41(2) of the madras shops and establishments act, 1947, to the appellate authority at trivandrum.though the date of preferring this appeal has not been set out in the affidavit, it is stated, that the appeal papers must have reached the office of the ..... in respectful agreement with these observations, and i hold that the bank is not a statutory body, but is only a banking corporation registered under the act and an employee like the petitioner, whose relations with such corporation are governed by the contract of employment, cannot seek a remedy under article 226. ..... 'financingbank' is a registered society under section 2(c) of the act, and a registered society means a society registered or deemed to be registered under the act.it may be deemed,, that the bank has been registered under the act. ..... section 4 of the act enables a society to be registered under the act ..... clause (d), sub-section (2) of section 65 prescribes the matters in respect of which a society may or shall make ..... section 65 of the act, which was also pressed into service, confers the rule-making power on the ..... sections 2(a) and 12 of the act enable, bye-laws to be framed by .....
Tag this Judgment!Court : Kerala
Reported in : 1962CriLJ815
..... to be unlawfully imprisoned when unlawfully detained from the custody of the guardian and when delivered to him the child is supposed to be set at liberty.the specific objection taken, that the provisions of the guardians and wards act should be invoked in a matter of this kind was over-ruled, the court observing that the fact that she had a right under the guardians and wards ..... the petitioner has two children by his former wife a son who is now studying in the pre-university class and a daughter, who had been married by an advocate. ..... it was contended by the learned counsel for the first counter-petitioner that the proper remedy of the petitioner, is not by way of an application under section 491 of the criminal procedure code, but is under the provisions of the guardians and wards act. ..... in a proceeding of this description under section 491 too, the welfare of the. ..... she has also made an application under section 488, crl.p.c. ..... the respondent has no legal right whatsoever to the custody of the child her refusal to make over the child to the appellant therefore resulted in an illegal detention of the child within the meaning of section 491. ..... sub-section (1), clauses (a) and (b) of the criminal procedure code, for release from illegal detention, of the petitioner's son aged 11 years, by his mother, the first counter-petitioner. ..... this is a petition under section 491. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker43
..... the plaintiff in that case sat for the degree examination of bachelor of science in the ceylon university and did all the papers so well as to secure a first class in the result. ..... union, of india, air 1934 sc 375: 'as the law stands at present, the only purpose for which an inquiry under act 37 of 1850 could bo made, is to help the government to come to a definite conclusion regarding the misbehaviour of a public servant and thus enable it to determine provisionally the punishment which should be imposed upon him prior to giving him a reasonable ..... it is expressly provided in section 22 of that act: 'nothing in this act shall be construed to affect tho authority of our government for suspending or removing any public servant for any cause without any inquiry under this act. ..... it was contended that under the travancore public servants (enquiries) act, act 11 of 1122, an enquiry in the matter as provided in the act ought to have been conducted in this case, calling upon the petitioner to participate at the trial, giving him, copies of all the evidence against him and inviting him to cross-examine the witnesses at the enquiry, ..... the commission came to the conclusion that the allegation against the plaintiff had been substantiated, and on their report the board of residence and discipline suspended the plaintiff indefinitely from all university examinations. ..... kinematograph renters society, 1958-2 all er 579, which were quoted withapproval by the privy council in ceylon university v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker77; [1966]60ITR737(Ker)
..... the madras high court applied the rule of severance of status laid down in decisions rendered under the madras marumakkathayam act, 1932, to moplah tarwads and observed:'we have carefully considered the material sections of both the acts, namely, section 38, 39 and 40 of the marumakkathayam act of 1933 and section 13, 14 and 17 of the moplah marumakkathayam act, 1939 and we see no such difference in language as would justify us in not applying the principles laid ..... net wealth1/2%(iii)on the next rupees ten lakhs of net wealth1%(iv)on the balance of net wealth11/2%xxxx xxxx'20.bv section 13 of the finance act of 1960 (act xii of i960) it was provided:'notwithstanding anything contained in the wealth tax act 1957 (hereinafter referred to as the wealth tax act) no tax shall be charged in respect of the net wealth of a company for any financial year commencing ..... undivided families as aforesaid are looked upon as groups of individuals and therefore comprehended by the term 'individual', 'these families have been discriminated against by reason of the schedule of the act, part i, paragraph a, which has prescribed a lower limit of exemption for 'individual' as against ahigher limit for 'hindu undivided family' and that, if for that reason, non ..... keep accounts and to allow inspection of the same by ..... university or a bar council, or the trustees of a baronetcy trust incorporated by a baronetcy act ..... university or a bar council, or the trustees of a baronetcy trust incorporated by a baronetcy act .....
Tag this Judgment!Court : Kerala
Reported in : (1967)ILLJ350Ker
..... the university was established by the vidyodaya university and vidyalankara university act, 1958. ..... the circumstance that the university was established by statute and is regulated by the statutory enactments contained in the act of 1958 does not involve that contracts of employment, which are made with teachers and which are subject to the provisions of section 19 (e), are other than ordinary contracts of master and servant. ..... the university is in the ordinary legal sense a servant of the university unless it be that section 18(a) gives him altered position.13. ..... by section 18(e) of that act the council had power to dismiss any officer or teacheron the grounds of incapacity or conduct which, in the opinion of not less than two-thirds of the members of the council, renders him unfit to be an officer or teacher of the university.admittedly it is pursuant to this provision that the services of the professor and head of the department of economics were terminated and that their lordships observed:it seems to their lordships that a 'teacher' who has an appointment with .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker196
..... . although the substantive right conferred, namely, the right of appeal, is proper--and if we may say so more satisfactory than the remedy of arbitration provided by the old kerala university act of 1957--the mode of the exercise of that ' right seems to us so unreasonable, and so much against the interests of the institution, that it can hardly be justified either as a regulation of, or a reasonable restriction on, ..... as that contemplated by sections 48 and 49 though not a body corporate functions even now and has been functioning for a long time in mostof the colleges in the country -- indeed many of the university acts provide for that ..... . so far as the second is concerned, it is true that the entire state was, at one time, governed by the same university act, namely, the kerala university act, 1957, so that, prima facie, it might be difficult to justify the application of dissimilar provisions to the northern and southern districts on ..... , that it results in discrimination as between the northern districts of the state, where the less stringent provisions of the calicut university act are in force, and the southern districts to which the more stringent (and, in so far as they are ..... the university is bound to maintain accounts for the income and expenditure of the college during the period of its management and should hand over the balance, if any, to the managing body on the termination of its management and the educational agency and the managing body has a right to inspect .....
Tag this Judgment!Court : Kerala
Reported in : (1976)5CTR(Ker)0293B
..... be given an option to pay in lieu of the confiscation of the conveyance a fine not exceeding the market price of the goods which are sought to be smuggled or the smuggled goods, as the case may be.xxx'sub-section (2) of the section 115 thus makes it clear that unless the owner is in a position to show that the unlawful employment of the car was without the knowledge or connivance of himself or his agent or his driver and that each of them ..... - the question for consideration is whether the expression 'a reasonable opportunity of being heard' in clause (c) of section 124 of the customs act, 1962, includes a right to cross-examine persons who have not been summoned by the department as its witnesses, but whose statements are relied on by it in an enquiry against the ..... 'in the united states the requirements of audi alteram partem are embodied in section 7(c) of the administrative procedure act, 1946 in the following words :'every party shall have the right to present his case or defence by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination may be required for a full ..... summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents and other things as may be required :-'provided that the exemption under section 132 of the code of civil procedure, 1908, shall be applicable to any requisition for attendance under this ..... ) and ceylon university vs. ..... cambridge university (dr .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker68
..... whatever may be the tenability or otherwise of this contention in other contexts when insolvency of the foreman has not supervened, the proposition cannot hold good in winding-up proceedings in view of the absolute provision contained in section 47 of the insolvency act that in all cases where as a result of mutual dealings reciprocal demands or claimed have arisen between the parties a set-off shall be allowed irrespective of whether those demands have arisen out of the same transaction or out of ..... company concerned either by way of repayment of their term deposits or on account of subscriptions paid by the respondents to other non-prized kuries conducted by the respective companies, as observed already, in order to constitute 'mutual dealings' within the meaning of section 47 of the insolvency act, 1955 what is required is only that the transactions which have given rise to the reciprocal claims or demands should be between the same parties contracting ..... (in liquidation), 1959 ker lt 1307 = (air 1960 ker 168), wherein the learned judge has expressed, the view that the effect of section 42 of the tranvancore chitties act is to create a charge on the assets of the chitty in favour of the chitty creditors and that since the money due from the prized subscribers to the company is a chitty asset on which the said charge operates, the .....
Tag this Judgment!Court : Kerala
Reported in : [1979]49CompCas81(Ker)
..... rule 125 enables the official liquidator to move the court for an order directing any person who, in his opinion, is liable to furnish a statement of affairs under section 454, to prepare and submit such a statement or concur in making the same, and the court, to pass such an order after giving notice to the person against whom the order is sought. ..... rule 125 neither limits the power of the official liquidator to require the persons mentioned in clauses (a) to (d) of section 454(2) to submit and verify a statement of affairs of the company, nor curtails the jurisdiction of the court to give direction to the official liquidator in that behalf, and, at this stage no question of hearing the person who is required to ..... 74 submitted by the official liquidator directed him to call for statements as contemplated by section 454 of the companies act, 1956, from, amongst others, the former directors. ..... the court has, therefore, power to direct the official liquidator to call for such statements from all or any of the persons mentioned in clauses (a) to (d), and the official liquidator is empowered by the section itself to require all or any of them to submit and verify a statement of affairs of the company. ..... in in re storie's university gift and in re the charitable trusts acts, 1853 and 1855 [1860] 30 lj ch 193, at page 198, can with advantage be read here :' now, i have no doubt it may well be said of a boy who has left a school, that he has been three years at the school if he .....
Tag this Judgment!Court : Kerala
Reported in : (1979)ILLJ176Ker
..... the dominant nature test:(a) where a complex of activities, some of which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not 'workmen' as in the university of delhi case (supra) or some departments are not productive of goods and services if isolated, even then, the predominant nature of the services and the integrated nature of the departments as explained in the corporation of nagpur ( ..... ramachandran, the learned advocate for the petitioners made a reference in this connection to section 9a of the act where it is stated that no employer who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the fourth schedule, shall effect such change, (a) without giving to the ..... we overrule safdarjung (supra), solid' tors' case (supra), gymkhana (supra), delhi university (supra), dhanrajgirjt hospital (supra) and other rulings whose ratio runs counter to the principles enunciated above, and hospital mazdoor sabha (supra) is hereby ..... might be noted that in this case the decisions relied on by the labour court, namely, the madras gymkhana club case and the delhi university case had been specifically overruled along with some other decisions. ..... preposition the court placed reliance on the delhi university case referred to earlier where it had been said that the work of importing education carried on by educational institutions was not an industry within the meaning of the act.5. .....
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