Court : Kerala
Reported in : [2002(94)FLR985]
..... of termination, the obsolete pre-award conditions are never resurrected. in taking the above view, the learned single judge placed reliance on the decision of the supreme court in life insurance corporation of india v. d.j. bahadur, air 1980 sc 2181.3. having heard the learned counsel for the appellants and having perused the materials placed on record, we ..... learned single judge was right in holding that even if a notice of termination of an award is given under section 19(6) of the industrial disputes act (for short 'the act') the terms of the award will continue to bind the parties as terms of employment until they are modified by a fresh settlement or award. as rightly ..... principles of industrial law. according to the learned single judge, even if a notice of termination of an award is given under section 19 of the industrial disputes act, the terms of the award will continue to bind the parties as terms of employment until they are modified by a fresh settlement or award. the issuance of .....
Tag this Judgment!Court : Kerala
Reported in : [2007]8STT33; (2007)7VST323(Ker)
..... of assam : [1961]1scr809 , state of punjab v. jullundur vegetables syndicate : [1966]2scr457 , devi dass gopal krishnan v. state of punjab : [1967]3scr557 , municipal corporation of delhi v. birla cotton, spinning and weaving mills : [1968]3scr251 , yogesh trading co. v. intelligence officer of sales tax : air1970ker218 , govind saran ganga saran v. ..... circumstances. nor can parliament and the state legislatures visualise and provide for new, strange, unforeseen and unpredictable situations arising from the complexity of modern life and the ingenuity of modern man. that is the raison detre for delegated legislation. that is what makes delegated legislation inevitable and indispensable. the ..... : [1964]5scr975 , the question before the constitution bench was, whether the assam taxation (on goods carried by road or on inland waterways) act (assam act 10 of 1961) was constitutionally valid. it was held that the entries in the three lists in the seventh schedule must be given the widest possible .....
Tag this Judgment!Court : Kerala
Reported in : [2006]143STC549(Ker)
..... . khosla and co. ltd. [1979] 43 stc 457, ashok ley land ltd. v. union of india [1997] 105 stc 152 and state of andhra pradesh v. national thermal power corporation ltd. [2002] 127 stc 280 : (2002) 10 ktr 560. reference was also made to the decisions of this court in a.l. antony v. state of kerala [1978] 42 ..... and ecil did not constitute sale in the course of inter-state trade or commerce and therefore there is no liability to pay tax under the central sales tax act. counsel submitted that movement of goods from kerala to bombay was not in furtherance of any contract of sale but moved independently to the branch for further sale. ..... fresh assessment was completed on february 3, 1982 allowing the claim of exemption. however, the deputy commissioner reopened the assessment under section 35 of the kerala general sales tax act, 1963 by order dated august 24, 1982, and remanded the matter. assessee filed appeal before the sales tax appellate tribunal and the tribunal by order dated march 16, 1983 .....
Tag this Judgment!Court : Kerala
Reported in : 1988(38)ELT618(Ker)
..... a govornment company.the same was added of clause 12 introduced by the amendment act of 1958, and was substituted by an amendment act of 1964. as a result of these two amendments, employees of government companies and of corporations were brought within the purview of the definition of 'public servant'. the question that arose for consideration ..... 1955'. the supreme court noticed again the decision in secretary of state v. hindustan co-operative insurance society ltd. (air 1931 p.c. 149). it was ruled that the 1947 act was undoubtedly a statute supplemental to the penal code, and being so, any amendment in the difinition of section 21 of the indian penal code ..... the privy council in secretary of state v. hindustan co-operative insurance society ltd. (a.i.r. 1931 pc. 149). one of the questions there considered was whether a further appeal lay to the judicial committee from an award of the tribunal constituted under the calcutta improvement act, 1911, referred to, in the opinion of the board, .....
Tag this Judgment!Court : Kerala
Reported in : 1961CriLJ98
..... of the life insurance corporation. this, i think, is as it should be, for, to be cheated just as much as to cheat, involves the exercise of mental faculties - the victim has to be deceived and thus induced to act - of which only a natural person is-capable. strictly speaking therefore an artificial person like a corporation cannot be ..... fraud, the offence would be criminal breach or trust and not cheating. but, for the present purposes; it would be correct enough to describe the lakshmi insurance company and the life insurance corporation as the victims. in pursuance of this conspiracy a registered will - of which ext. pi is a certified copy - was obtained from gopalan nair, ..... to fill up the personal statement in the medical report, ext. p24, and also obtained from him the application ext. p52 for an agency under the life insurance corporation.what pw. 25 did with those documents he does not know; neither does he know who actually appeared before pw. 28 for medical examination. the evidence .....
Tag this Judgment!Court : Kerala
Reported in : [2002]108CompCas268(Ker); [2001(90)FLR1141]; (2001)IILLJ1217Ker
..... be contended that only after clearing all provident fund dues secured creditors claim can be considered.5. the learned counsel cited the decision in a.p. state financial corporation v. official liquidator ((2001) 7 scc 291) wherein it was clearly held that provisions under s. 529a will protect the interest of workmen and it will override ..... act, 1956, are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be. explanation: in this sub-section in s. 17, 'insurance fund' means any fund established by an employer under any scheme for providing benefits in the nature of life insurance ..... required to be transferred under sub-s. (2) of s. 15 or any charges payable by him under any other provision of this act or of any provision of the scheme or the insurance scheme; or (b) from the employer in relation to an exempted establishment in respect of any contribution to the provident fund or any .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT1003
..... the death of the employee. the writ petition was filed by the dependant seven years after the rejection of his application. the decision in national hydroelectric power corporation's case would indicate the view of the supreme court that if the scheme for appointment on compassionate ground provides for specific relief to a minor to make ..... child en ventre sa mere is a person in being for the purposes of (1) the acquisition of property by the child itself, or (2) being a life chosen to form part of the period in the rule against perpetuities.'20. the kerala service rules provides for certain benefits to be granted to posthumous children. for example ..... has ceased. explanation to section 6 reads thus:'explanation:-- for the purposes of this section, 'minor' includes a child in the womb.'section 8 of the limitation act provides an exception to sections 6 and 7 and the maximum period that would be available from the cessation of disability would be three years. under the employment assistance .....
Tag this Judgment!Court : Kerala
Reported in : (2010)27VST536(Ker)
..... of the power to issue circulars demanding 'advance tax' can be justified (which position is not conceded in view of the challenge raised against the judgment in fantacy sales corporation v. sales tax inspector, walayar : [2007] 7 vst 323 (ker) : [2007] 2 klt 174 and pendency of the writ appeal involving the constitutional validity of ..... (2)(c), enables the commissioner to issue appropriate orders, instructions and directions to the officers and persons as he deems fit, for the proper administration of the act. this being the position, the fixation of the 'sale price' by the commissioner, to have a uniform application, in the course of the proceedings pursued by ..... v. rajasthan taxation tribunal [2002] 127 stc 137 (raj). the learned counsel further submits that the power of the commissioner under section 3 of the vat act is only with regard to the 'administrative affairs' and superintendence over the officers, which does not enable the commissioner to have any legislative power for issuing the .....
Tag this Judgment!Court : Kerala
Reported in : [2004]136STC335(Ker)
..... is no bar, the incidence would be passed to the purchaser in accordance with the normal commercial practice.35. the decision of the supreme court in neyveli lignite corporation ltd. v. commercial tax officer [2001] 124 stc 586 is also relevant in this context. under the provisions of the fertilizer (control) order, 1985, the ..... it under that section for the purposes of the adhiniyam. section 17(iii)(b) had undergone amendment since 1973 and a new clause was substituted by u.p. act no. 7 of 1978 with retrospective effect from june 12, 1973. the relevant portion reads thus :'17 ...............(iii) ...............(b) ................(1) if the produce is sold ..... supreme court again in george oakes (private) ltd. v. state of madras [1961] 12 stc 476 while interpreting the provisions of the madras general sales tax act, 1939 observed that the expression 'turnover' meant the aggregate amount for which goods were bought or sold whether for cash or deferred payment or other valuable consideration and .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ909
..... paragraph 1 shall be omitted; , (ii) in paragraphs 2 and 4,:(a) after the words 'a local authority; the words and figures 'or a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by government or a government company as defined in section 617 of the companies ..... its powers, procedure, status and all ancillary provisions. while setting up a court of a special judge keeping in view the fact that the high dignitaries in public life are likely to be tried by such a court, the qualification prescribed was that the person to be appointed as special judge has to be either a sessions judge, ..... terms enacted and laid down the limitation of 'not more than six months from its promulgation' on the life of the ordinance. if these words had not been omitted by section 1(3) of the india and burma (emergency provisions) act, 1940, the ordinances thus promulgated would have been of a duration of not more than six months from .....
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