Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Court: kerala Page 5 of about 54 results (0.141 seconds)

Joseph Vilangadan Vs. Fertilizers and Chemicals Travancore Ltd. and an ...

Court : Kerala

Reported in : AIR1998Ker99

..... v. kelly, (1922) 1 ac 268 :'it would be impossible to allow an umpire to arrogate to himself jurisdiction over a question which, on the true construction of the submission, was not referred to him. an umpire cannot widen the area of his jurisdiction by holding, contrary to the fact, that the matter which ..... the indictment and assaults might legally be referred. 2. that the arbitrator did not thereby exceed his authority.' (head note)the privy counsel in falkingham v. victorian railways commissioner, (1900) ac 452 was considering a contention that the award was bad because the arbitrator had considered the claims which they were not authorised to consider as ..... award.3. the case of the appellant can be summarised thus: the appellant who is a contractor doing engineering construction works entered into a contract with the first respondent for the work of 'ascl project-site levelling construction of roads, drains, temporary security offices etc.' under work order no. 66113 dated 7-12-1985. due .....

Union of India (Uoi) Vs. P.M. Paul and anr.

Court : Kerala

Reported in : AIR1985Ker206

..... error of law, but because as a result of making an error of law, they have dealt with and based their decision on a matter with which, on a true construction of their powers, they had no right to deal. if they base their decision on some matter which is not prescribed for their adjudication, they are doing something which they .....

Shah Vs. Rajankutty

Court : Kerala

Reported in : I(2006)ACC783; 2006ACJ793; [2005(107)FLR702]; 2005(3)KLT1014

..... is liable to pay compensation. similar view was expressed by other benches as can be seen from national insurance co. ltd. v. balawwa ((1994) 1 llj 433 (kant), hindustan steel constructions ltd. v. nuralsha khatoon : (1999)iiillj492pat . sundarbai v. general manager ordnance factory (1976 acj 346 (mp); 1982 (2) llj 149 (mad).3. it is true that even if the 'death ..... . hughes (1910 ac 242):'i think, the meaning put upon the word 'accident' in fenton v. thorley (1903 ac 443), must now be accepted in all cases turning on the construction of the phrase 'injury by accident' used in the workmen's compensation act, 1906, as its true meaning, namely, 'an unlocked for mishap or an untoward event which is not .....

State of Kerala Vs. T.P. Nandakumar and anr.

Court : Kerala

Reported in : 2005CriLJ4469

..... lj 625) (pc) but, yet it may not be an interlocutory order -- pure or simple. some kinds of order may fall in between the two. by a rule of harmonious construction, we think that the bar in sub-section (2) of section 397 is not meant to be attracted to such kinds of intermediate orders.'the apex court also laid down .....

The Executive Engineer Vs. the General Secretary and the Industrial Tr ...

Court : Kerala

..... of the industrial tribunal to adjudicate on the dispute. the relevant averment therein reads as follows:the english translation thereof is given below:investigation and construction of the neendakara fishing harbour is done by the harbour engineering department of the government of kerala. it is a service department of the government ..... in the project does not fall within the jurisdiction of the industrial tribunal. it was stated that local people were engaged on daily wages for the construction and other related works directly by the port engineering department, that local people were thus engaged following the rules governing engagement of daily rated workers, ..... were represented by the first respondent union.3. the appellant opposed the claim of the workers. it was contended that the investigation and the subsequent construction work of the neendakara fishing harbour was done by the port engineering department of the kerala government which is a department of the government and not .....

T.P. Viswanathan Nair Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1978)IILLJ258Ker

..... provision ; and if possible by reasonable construction, both are to be so construed that effect is given to every provision of each. statutes in pari materia, although in apparent conflict, are so far ..... independent act. experience indicates that a legislature does not deliberately enact inconsistent provisions when it cognizant of them both, without expressly recognizing the inconsistency.the canon of construction, under these circumstances, is stated by the author, at p. 531 :prior statutes relating to the same subject matter are to be compared with the new ..... well as in certain decisions, to show, under what circumstances, statutes can be considered to be in pari materia, and the nature of the construction to be placed on such statutes. sutherland, in ' statutory construction ', 3rd edition, vol. 2, at p. 535, states : statutes are considered to be in pari materia - to pertain to the .....

State of Kerala, Represented by the Public Prosecutor, High Court of K ...

Court : Kerala

..... "nonetheless, it cannot be over-emphasised that the scope and concept of mitigating factors in the area of death penalty must receive a liberal and expansive construction by the courts in accord with the sentencing policy writ large in section 354(3). judges should never be bloodthirsty. hanging of murderers has never been too ..... were to legitimately fall within that band of cases where a death sentence can be avoided by invocation of the option available under swami sradhanandha, the construction canvassed by the additional director general of prosecution and some others would lead to the perverse situation that the sessions courts without considering that question at all ..... cases in which the harshest sentence of death can be avoided by invoking the powers to impose a harsher sentence of imprisonment for life. if the construction canvassed by the additional director general of prosecution and some counsel were accepted and it were to be held that only the confirming court (the high court .....

Nanmanda Rural Co-Operative Housing Society Limited and Another Vs. K. ...

Court : Kerala

..... them.'' 52. it will be seen that lord buckmaster treated the rule as one of `absolute obligation', whereas lord macmillan treated the same `as a cannon of construction', i.e., as a presumption in the circumstances where judicial interpretation was well settled and well recognised and even then he thought that the rule must yield to ..... to each other, they shall be taken and construed together, as one system and as explanatory of each other'. * * * the application of this rule of construction has the merit of avoiding any apparent contradiction between a series of statutes dealing with the same subject; it allows the use of an earlier statute to throw light on ..... as an award, after proper hearing of the parties, and on consideration of the evidence adduced. (arbitration) (emphasis supplied) 32. in state of arunachal pradesh v. damani construction co., ((2007) 10 scc 742) the hon'ble supreme court has held that an `interim award'' given by an arbitrator is final to the extent the claims decided .....

Commissioner of Income-tax Vs. Late S. M. Syed Mohamed (Lrs. Smt. N. F ...

Court : Kerala

Reported in : (1995)128CTR(Ker)172; [1995]216ITR331(Ker)

..... tribunal.in cit v. bhageeratha engg. ltd. : [1993]199itr12(sc) , the supreme court held while affirming the decision of the high court that the contention of the department that the construction activity carried on by the respondent could not be said to be an industrial undertaking became irrelevant as the department had not challenged the finding of the tribunal. in cit ..... : [1993]203itr885(sc) , have also no application in the facts of the present case.in banarsi debi v. ito : [1964]53itr100(sc) , the supreme court held (headnote) :'the rule of construction that a taxing statute must be couched in express and unambiguous language and if a case is not covered within the four corners of its provisions no tax can be .....

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

..... (pvt. ltd.) vs. esi corporation that, while construing a welfare legislation like the employees state insurance act and the notification issued thereunder, a liberal construction should be placed on the provision, so that the purpose of legislation may be allowed to be achieved, rather than frustrated or stultified (paragraph 4). ..... statement of objects and reasons - the payment of gratuity act 1972 provides for payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishment and for matters connected therewith or incidental thereto. clause (c) of sub-section (3) of section 1 or the said ..... reads as follows: (e) employee means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or .....