Court : Kerala
Reported in : (1993)ILLJ851Ker
..... 48174/l2/61-5/hld dated july 4, 1961, published in the kerala gazette dated july 18, 1961, directed that the powers exercisable by the government of kerala under sub-section (1) of section 33c of the industrial disputes act shall be exercisable also by the labour commissioner, deputy labour commissioners and the district labour officer. ..... since the amount has not been paid, the parties approached the district labour officer under section 33-c(1) of the industrial disputes act and the district labour officer issued notices, exhibits p-5 and p-6, both dated september 4, 1991, to the petitioner to make the payment. ..... contention is not tenable as the power of delegation has been given under section 39 and notification authorising the district labour officer also has been issued. ..... petitioner further contended that section 33-c(1) of the industrial disputes act itself is not applicable to the case in ..... under section 33-c(1) of the industrial disputes act, where any money is due to a workman from an employer under a settlement or an award or under the provisions of chapter v-a or chapter v-b, the workman himself or any other person authorised by him in writing in this behalf, or in the case of the death ..... section 39 authorises the appropriate government, by notification in the official gazette, to direct that any powers exercisable by it under the industrial disputes act or the rules made thereunder can be exercised by such officer or authority subordinate to it as may be specified in the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker201
..... it was held in that decision that the company being a non-statutory body and one incorporated under the companies act there is neither a statutory nor a public duty imposed on it by a statute in respect of which enforcement could be sought by means of a mandamus nor is there in its workmen any corresponding legal right for enforcement of any such statutory or public ..... bar association means an association of advocates recognised by the bar council under section 13, section 3 directs the government to constitute a fund called the advocates welfare fund, a trustee committee has to be constituted to administer the ..... advocate as defined in section 2(a) means a person whose name has been entered in the state roil of advocates prepared and maintained by the bar council of kerala under section 17 of the advocates act, 1961 and who is a member of a bar ..... is further observed that when a mandamus or an order in the nature of a mandamus cannot be issued against a company registered under the companies act, the court cannot also grant a declaration about the illegality of an agreement in favour of the petitioners therein.9. ..... main contention advanced on behalf of the respondents is that a writ will not lie against the bar association, the association being one incorporated under the travancore companies act and an existing company within the meaning of section 3 of the companies act, 1956. ..... , (1991) 4 scc 578 : (air 1992 sc 76 at pp. ..... executive committee of the bar association had met on 13-12-1991. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker181; II(1992)DMC545
..... to hold that the levying of execution is the only remedy for enforcement of an order made under section 24 of the hindu marriage act may result in making such order wholly nugatory and ineffective'. ..... the court below heard the matter and took the view that under the hindu marriage act, there is no provision for striking off the defence, in case any one of the parties flouts the orders of the ..... of the petitioner is to drive the respondent to take recourse to execution under section 28 and to stay the main proceedings. ..... in such circumstances, even in the absence of a provision in the hindu marriage act, the court has power to see that the orders passed by it are enforced and, in the event of non-compliance of the orders passed by the court, the pleadings or defence of a party can be struck off, in exercise of ..... of 1987 date 7-11-1991 and allow this revision ..... 3603 of 1991 dated 7-11-1991 is clearly illegal and ..... 568 of 1991, the respondent-husband was bound to pay ..... 3603 of 1991 praying that the court may strike off thedefence, since it is evident that the respondent is wilfully committing default in payment of the amounts ordered by the court, and in consequence, to pass a decree for ..... 568 of 1991, has not been complied with by the ..... 568 of 1991, this court modified the order, by directing the respondent-counter petitioner (husband) to pay an amount of ..... 3603 of 1991 in o.p. (h.m.a.) ..... 7-11-1991, the petitioner in the court below has come up in revision. ..... of 1991 dt. ..... of 1991. ..... 3603 of 1991 in o.p. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1993Ker62
..... the duties cast upon the policeofficer to record the first information reportunder section 154 of the code and to enter thesubstance of the information under section155 are not discretionary, but imperativethere should also be no delay on the part ofthe officer in charge of the police station inrecording the ..... under such circumstances the court should exercise its inherent power under section 151 of the code and direct the police authorities to render assistance to the aggrieved party in order to see that the court's ..... widest possible discretion in their choice of methods to discharge their duties enumerated in section 29 of the kerala police act. ..... why the duties of a police officer under the police act includes the duty to prevent commission of crimes and apprehend ..... the police officers are enumerated in section 29 of the kerala police act. ..... those complaints were presented as early as 8-10-1991, within a few days therefrom petitioners have moved this court ..... power under section 151 was held to be necessary for the ends of justice or to prevent abuse of the process and the civil court has ample jurisdiction to pass such orders under section 151 c.p.c. ..... under section 154 of the criminal procedure code the officer in charge of a police station is bound to take immediate steps when information is given relating to the ..... article 136 of the indian limitation act prescribes the period of limitation for execution of any decree other than a decree granting a mandatory injunction or order .....
Tag this Judgment!Court : Kerala
Reported in : 1993CriLJ1179
..... considering the nature and the content of the right and the object of section 39 of the transfer of property act, i have no doubt that in this case the transaction relied upon by the appellant is not a bona fide one and could not prevail over the right of the wife to proceed against that property for ..... appellant is therefore bound by the charge provided the first respondent can claim a charge in terms of section 39 of the transfer of property act against the plaint schedule property, admittedly owned by chidambaran nayanar. ..... he further submits that under section 39 of the transfer of property act the respondents are entitled to a charge over the property notwithstanding the fact that it has been transferred to the appellant gratuitously by chidambaran ..... am therefore of the view that the property that is the subject-matter of the gift in favour of the appellant cannot escape the tentacles of section 39 of the transfer of property act in the present case. ..... maintenance out of the property of her husband and the purchaser is aware of the claim for maintenance then the right of the wife to proceed against the property remains unaffected notwithstanding the sale in view of section 39 of the transfer of property act. ..... the appellant was impleaded only as an intermeddler in the estate and under those circumstances it may not be proper or correct for the trial court to grant a decree charged on the property held by the appellant based on section 39 of the transfer of property act. .....
Tag this Judgment!Court : Kerala
Reported in : (1993)ILLJ580Ker
..... premature birth of child or miscarriage; periodical payment to an insured person suffering from disablement as a result of an employment injury sustained as an employee under the act; periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an employee under the act; medical treatment for an attendance on insured persons; and payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure ..... employees are in receipt of benefits substantially similar or superior to the benefits provided under the act, it is for them to claim exemption under the act under sections 87 - 91 read with section 1(4) proviso or a suitable declaration from the insurance court under sections 75 - 78 read with section 1(4) proviso as the case may be. ..... ' the supreme court held in the above judgment that the payment of contribution by the employer towards the premium of an employee's compulsory insurance under the act falls directly within entries 23 and 24 of list iii and it is wholly unnessary to seek justification for it by recourse to entry 97 of list i or entry ..... dated december 3, 1991, published a draft notification as required in section 95(1). ..... special meeting of the corporation held on october 8, 1991 made recommendation for raising the wage ceiling and also reducing ..... committee of the employees state insurance corporation at its meeting held on march 5, 1991, recommended to raise the ceiling to rs. .....
Tag this Judgment!Court : Kerala
Reported in : 1993ACJ1166; AIR1993Ker226; (1999)IIILLJ251Ker
..... definition of 'liability' introduced by sec-tion 93(ba) which obviously qualifies the word 'liability' occurring in section 95(1)(b) therefore, because of section 93(ba), the no-fault liability under section 92-a is required to be covered under sections 95(1)(b) and 92-d, f and 93(ba) read with section 96(1) furnish a direct notion against the insurer by the third party outside section 14 of the workmen's compensation act, 1923, even if there is no negligence of the employer proved but provided there is liability arising ..... a policy and when he allowed the repairer or the latter's workman to use the vehicle, the car owner was guilty of breach of statutory duty under sections 94 and 95 inasmuch as the vehicle owner allowed the use of the vehicle by a repirer and his workman who had not taken out insurance policy to protect their own liabilities towards ..... the goods vehicle was 'a person carried by reason of or in pursuance of a contract of employment' within the meaning of the said words in the second part of the second proviso to section 36(1)(b) (corresponding to the second part of the second proviso in s.95(1)(b)), it was observed that the employee of the owner of the vehicle is a person also covered by the second part of ..... travel in the vehicle of the businessman dealing with timber which he was entitled to inspect. ..... universal ..... 1991) 1 acc cj 182, in so far as they state that passengers carried by reason of or in pursuance of a contract of employment can only come under section .....
Tag this Judgment!Court : Kerala
Reported in : (1993)111CTR(Ker)62; [1993]203ITR342(Ker)
..... background of this submission, we shall enquire into the question whether the tribunal is correct in law when it held that the income-tax officer lacked jurisdiction to rectify the assessment orders under section 154 of the act, on account of the fact that the orders of the income-tax officer have merged with the appellate orders. ..... : [1958]34itr130(sc) , observed (at page 739 of 172 itr) :'but the doctrine of merger is not a doctrine of rigid and universal application and it cannot be said that wherever there are two orders, one by the inferior tribunal, and the other by a superior tribunal, passed in an appeal or revision, there is a fusion or merger of two orders irrespective of ..... effect to the appellate orders, the income-tax officer, after issuing notices under section 154 of the act, rectified the assessments by levying supertax by his order dated november 9, 1978 ..... will be confined to items raised in the appeals and decided by the appellate assistant commissioner and not in regard to the issues which were not agitated in the appeals.holding so, the rectification under section 154 of the act made by the income-tax officer was confirmed.6. ..... . saju thomas : [1991]189itr488(ker) , but he brought to our notice the following passages from the law and practice of income tax by ..... ratnam pillai : [1991]188itr494(ker) and ..... thomas : [1991]189itr488(ker) ..... ratnam filial : [1991]188itr494(ker) and ..... saju thomas : [1991]189itr488(ker) , have dealt with ..... ratnam pillai : [1991]188itr494(ker) and .....
Tag this Judgment!Court : Kerala
Reported in : (1993)IILLJ145Ker
..... the petitioner has also prayed for a writ of mandamus to direct the 5th respondent, the chancellor of the university of kerala to take action against the third respondent under section 7(9) of the kerala university act, 1974. ..... consider the case are as follows: the 3rd respondent was appointed as the vice-chancellor of the university of kerala by the 5th respondent, the chancellor, by virtue of the powers conferred on him under section 10 of the kerala university act. ..... by the government under section 73 of the kerala university act. ..... sought for a writ of mandamus to direct the 5th respondent to take action under section 7(9) of the kerala university act. ..... alleged that the third respondent submitted application for the post of professor of journalism in the university of kerala on august 20, 1992 and in that application form he has shown that he had ..... of the bio-data of the third respondent allegedly submitted to the university grants commission getting financial assistance for a major research project. ..... three members, one elected by the senate and another nominated by the chairman of university grants commission and the third member nominated by the chancellor. ..... of the application before the university grants commission was in the ..... treat the recommendations of the expert committee with the respect that they deserve and the petitioner has no case that the chancellor acted against the provisions of the statute in appointing the third respondent as the vice-chancellor.7. ..... raveendran 1991 (2) klt .....
Tag this Judgment!Court : Kerala
Reported in : [1993]204ITR225(Ker)
..... the very same contention that deduction cannot be claimed under section 37 of the act in view of the specific provision made in section 36(1)(iv) was raised in that case also. ..... it was for these reasons that the tribunal found that allowance has to be given under section 35b in respect of the claims made towards salary paid to the staff in the export department and commission paid to the export adviser ..... the tribunal found that these amounts come under sub-clauses (ii), (v) and (vi) of section 35b(1)(b) and as such the fact that the expenditure was incurred in india is of no consequence ..... (ii) whether, on the facts and in the circumstances of the case and since the assessee is not qualified and entitled to deduction under section 36(1)(iv) of the income-tax act, the contribution made to the executive staff provident fund is a permissible deduction under section 37 of the income-tax act, 1961 ?' 2. ..... contention of the revenue is that this amount is not a permissible deduction under section 37 of the act since the assessee is not qualified and entitled to deduction under section 36(1)(iv) of the act. ..... income-tax officer disallowed the claim made towards the contribution to the executive staff provident fund holding that it was not deductible since the conditions laid down under section 36(1)(iv) of the income-tax act had not been fulfilled. ..... : [1991]192itr585(ker) , and the reasons given by the tribunal, we see no error in the finding of the tribunal allowing rs ..... : [1991]192itr585(ker) .....
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