Court : Kerala
..... if the collector has necessary power in terms of kluo, in respect of the land covered therein which depends upon the food crops under cultivation. 5. the state by amending the act 28 of 2008, after section 3 inserted section 3a , which reads as follows: 3a. power to regularise the conversion or reclamation of paddy land made before the commencement ..... the petitioners under clause 6 of the kluo are not maintainable as utilisation of such land have to be dealt with in terms of the act 28 of 2008 in the light of the amendment. however, it is made clear that the collector has power in respect of other food crops other than converted paddy land in terms of ..... described as nilam in village records. the paddy land definition in rules is certainly different from definition of paddy land in the act and can be understood only in the context of amended section 3a of the act 28 of 2008 for the purpose of regularisation. therefore, any paddy land or wetland included in the draft data bank or converted .....
Tag this Judgment!Court : Kerala
..... the authorities of the state government, to function as the conciliation officer in respect of establishments like the appellant herein. subsequently, the said notification was amended by the central government as per the notification dated 05.05.2008, whereby the third respondent herein came to be the conciliation officer for the central ..... from the above, it is clear that the view expressed by this court as per the judgment in p.karunakaran vs. the chief commissioner,superintendent, southern railway and others [ 1989 1 llj 8 ]was approved as the correct law (as ordered by the delhi high court as well.). 22. there was occasion ..... the appropriate government abolishing contract labour altogether, in certain notified processes, operation or other works in any establishment; simultaneously making it clear that neither the act nor the rules framed by the central government or by any appropriate government provide that, upon abolition of contract labour, the labourer would be directly absorbed .....
Tag this Judgment!Court : Kerala
..... mahallu' is indicative of that. similarly, clause 6, if read verbatim, its wide amplitude includes males of the mahallu aged above 18 years. clause 5-b introduced by way of amendment puts the prescriptive regulation as to paid up subscriptions, to make a person eligible to contest in the election. 10. but, it is pointed out on behalf of the mahallu ..... commissioner, have to be set aside in the interest of the mahallu jama-ath and its members in exercise of the revisional jurisdiction under section 83 of the wakf act and also in exercise of the supervisory jurisdiction of this court under article 227 of the constitution of india to pave way for the tribunal to carry out the exercise ..... which is prepared also on the basis of local enquiry. 11. while submissions in the aforesaid lines are made before us in this revision under section 83 of the wakf act, we do not see any consideration or adjudication on this issue at any point of time by the tribunal. 12. the fact that the bye-laws of the mahallu .....
Tag this Judgment!Court : Kerala
..... of regular vacancies; which do not take in the additional vacancies. 49. chapter xxi, newly introduced in the ker, and rule 12 of chapter xxiii, substituted by the amendment act, are incongruous. as per chapter xxi whenever regular vacancies occur, including the anticipated vacancies as on 31st may of the succeeding year, they have to be reported within ..... is stated in the substantive section or rule. it cannot be said to include or add what is not available in the original enactment. in madras and southern maharatta railway co. vs. bezwada municipality [air 1944 pc 71] the question was the levy of property tax on the annual value which was determined, on assessment, as a ..... be embedded in the main provision and becomes an integral part of it so as to amount to a substantive provision itself . 57. the principle in madras and southern maharatta railway co. (supra) was reiterated in commr. of income tax, mysore vs. indo mercantile bank ltd. [1959 supp (2) scr 256 = air 1959 sc 713] where it .....
Tag this Judgment!Court : Kerala
..... published in kerala gazette extra ordinary no.1843 dated 7.10.2009. the amended provision contained in sub section (1) of sec ..... the land conservancy act as it stood at the relevant time. at the outset it is to be noted that sub sec.(1)of sec.20a has subsequently been amended with effect from 8.11.2008 as per amendment act 29 of 2009 ..... suit will stand remitted to the trial court for disposal afresh. the parties will be at liberty to make appropriate amendments of the pleadings and to let in additional oral or documentary evidence as may be relevant for the determination of ..... .20a is not applicable in the instant case as the cause of action in this case arose on 8.6.1994 and the instant suit has been filed on 14.07.1994, whereas the amended .....
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..... 17 the following was laid down: 17. art.48a in part iv (directive principles) of the constitution of india, 1950 brought by the constitution (forty second amendment) act, 1976, enjoins that "state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country". art.47 further imposes the duty ..... 24. as observed above, the concern that environment and protection of natural resources grew world wide in the latter half of the 20th century. by the constitutional amendment act, 1976, article 48a has been inserted in part iv of the constitution enjoining upon the state to endeavour to improve and protect the environment to safeguard the ..... view of the restraint order issued by the national green tribunal dated 27.09.2013 till such time the restraint order continues. (iii) by amendment of section 14 by act 37 of 1986 making section 4 applicable to minor minerals also the provision contained in section 4 shall be applicable to mining operations by a .....
Tag this Judgment!Court : Kerala
..... prospective in effect. indeed, to be fair to the petitioners, i must also say that clause25(a), apart from prescribing the procedure for publishing the factum of amendment and other incidental issues, has also referred to the issue of raising the share value. read compendiously, the said clause may be suggestive that the procedure ought ..... , clause 25(a), incorporated for the first time and registered by the joint registrar on 27.07.2015, stipulated a strict time frame for notifying the amendment, providing sufficient time for members to pay the deficit share value, and for all other consequential measures. the learned counsel has laid frontal thrust on the fact ..... the certificate to the bank, it is a conclusive proof that the amendment has been duly registered. 22. notwithstanding section 12(3) of the act, the third respondent bank, to its credit, has undertaken an elaborate exercise of disseminating the information of amendment as well as calling upon the members to make good the deficit in .....
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..... the above proposition is that the first respondent has been denuded of any jurisdiction to decide on any service dispute, at least from the date of amendment to section 69 of the act 02.01.2003. issue no.ii: 17. the next moot question is whether the petitioner is permitted to raise the issue at this juncture, it ..... that this court may as well direct the first respondent to transfer the proceedings to the arbitration court as had been originally contemplated when the amendment was effected to section 69 of the act. 26. in reply, the learned counsel for the petitioner has submitted that once the court declares a proceeding to be null and void, ..... p2 primary order and also exhibit p6 order in execution. 5. the learned counsel for the petitioner has submitted that ever since the amendment of section 69 of the kerala co-operative societies act, 1969 ('the act' for brevity); i.e., from 2003, all service disputes of whatever nature shall be adjudicated upon by the arbitration court, but not .....
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..... , i feel it would be apposite to notice the provisions as they stood, when introduced through the finance bill and thereafter, when they were amended and enacted through the finance act. the kerala finance bill, 2014 6a. payment of turnover tax on textile articles:- notwithstanding anything contained in section 6, every dealer whose total ..... . (2) a declared provision contained in a bill shall cease to have the force of law under the provisions of this act. (a) when it comes into operation as an enactment with or without amendment; or (b) when the government, in pursuance of a motion passed by the legislative assembly, directs, by, notification in ..... petitioners, based on an alleged lack of machinery provisions is therefore rejected. the argument that the amendment in the kvat act, through the kerala finance act, 2015, which had the effect of omitting the provisions of section 6a from the kvat act, should be seen as curative in nature and, therefore, retrospective in its operation. 21. .....
Tag this Judgment!Court : Kerala
..... without authority and sanction of law and therefore illegal. it is the further contention of the petitioners that government alone is vested with power under section 57 of the municipality act to cancel or amend the resolution passed by the municipal council under the circumstances specified thereunder. even while exercising powers under section 57 of the ..... to the tribunal for the local self government institutions constituted under section 271s of the said act and the tribunal shall, after giving the municipality an opportunity of being heard, furnish a report to the government with its finding based on which the government may cancel, amend or approve that resolution or decision. (3) the government shall not entertain any petition for .....
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