Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: kerala Page 1 of about 3,503 results (0.065 seconds)

Food Inspector, Municipal Council Vs. Secretary, Ksheeravyavasaya Co-o ...

Court : Kerala

Reported in : 1978CriLJ532

..... the division beach after referring to decisions of various high courts on the point, the rules and provisions in the act and agreeing with the views taken by the high courts of gujarat, andhra pradesh and patne, hem that the provisions of rule 20 are directory in nature and that where the sample has been found fit for analysis, the report of the public analyst cannot be disregarded although tihere is no strict compliance with the ..... ittyavirah, 1972 ker lt 942 : 1973 cri lj 842 that possibility of an error in the result of analysis cannot be ruled out in view of the hardening effect of formalin.8 ..... of cow milk in the morning on december 12, 1972 to the food inspector, changanacherry municipality (p. w. ..... sukfra-nandan (1972 cri lj 535) considered this question elaborately ..... karunakaran, 1972 ker lt 942 : 1973 cri lj 842 that they did not take any steps to summon either the public analyst or any other expert as a defence witness to substantiate their contentions and that therefore they should be ..... ittyavirah, 1972 ker lt 942 :(1973 cri lj 842) that the trial courts acquitted the ..... sukhanandan, (1972 cri lj 535) (bom) and g- ..... ittyavirah 1972 ker lt 942: (1973 cri lj 842) that the respondents contended' before the respective trial courts that the report of the public analyst could not be accepted as reliable and ..... ittyavirah 1972 ker lt 942 : 1973 cri' lj 842 and food inspector v- karuna-karan (1973 ker lt 595) and the latter by one of us, as the point involved in both the cases was the .....

Food Inspector, Pattambi Circle Vs. K.P. Gokuldas and anr.

Court : Kerala

Reported in : AIR1991Ker204; 1991CriLJ1278

..... the court is not then concerned with the question whether the person concerned could have been punished for another charge such as, for example a violation of rule 44(g); nor is the court concerned with the question whether the accused could put up a defence, if he is proceeded against for selling raw milk; that with all those additional ingredients and supplementary processes (such as ..... speaking for the court, took the view while interpreting the relevant term in the sales tax act, 'khaja milk' could not be equated to milk, as the two commodities were entirely ..... number of amendments to the act and the rules, right from the time the act came on the statute book in 1955 is illustrative of the confusing concepts, slippery situations and uncertain aspects covered by the rules. ..... any flavouring matter or condiments, and (c) any other article which the central government may having regard to its use nature, substance or quality, declare, by notification in the official gazette, as food for the purposes of this act;' that inclusive definition takes within its fall, any colouring or flavouring matter. ..... the sample contained was only sacharin we are not concerned with the question whether the use of saccharin by itself constitutes a violation of act or rule as there is no charge in that behalf. ..... we have analysed the act and the rules, and in particular, the prescriptive standards ensuring the requirements needed for the milk food in general and flavoured milk in particular. ..... , (1972) 30 stc .....

Mathew George Vs. Labour Court,kozhikode

Court : Kerala

..... petitioner's contention against ext.p6 is that, the labour court could not have decided the issue under section 33c(2) of the act, since, the claim necessarily involved an adjudication as to the status of respondents 2 and 3 and as to whether the respondents are entitled to retrenchment compensation. ..... the district labour officer, cannanore and others ( 1972 khc232, cannanore coop. ..... labour court (1972 khc365, hondaram ramchandra v. ..... judgment1 petitioner challenges ext.p6 order issued on an application filed under section 33c(2) of the industrial disputes act, 1947 (hereinafter referred to as the "act, for short). ..... in any event, the second respondent was asked to report to the office of the petitioner at ernakulam and on her refusing to do so; she has obviously abandoned employment; a voluntary act. ..... cannot claim any closure compensation, since, he had admittedly resigned from the services and the second respondent, being the manager, could not have raised a claim, assuming the status of a workman under the act. ..... , the closure of the branch office at kozhikode, having been admitted by the management, the entitlement to closure compensation under section 25fff is a statutory right, which the respondent-workmen could agitate under section 33c(2) of the act.3. .....

Jayamala Vs. State of Kerala and Another

Court : Kerala

..... 1st and 3rd accused over the print and visual media persisted with the false declarations made as above, and all the three accused, by their false declarations and acts done, have caused hurt and also insulted the religious belief, tenets and faith of the followers of hindu religion and the devotes of lord ayyappa, is the case ..... message, and, later, both of them, through the visual and print media, gave wide publicity to the false assertions made by them and such acts were done by them pursuant to criminal conspiracy, and by their disclosures, acts and deeds, they have hurt and insulted the hindu religious followers and devotees of lord ayyappa, is the imputation made to prosecute the accused for the ..... provision was brought into the ipc by the criminal law amendment act, 1972 (25 of 1927) following the wide spread agitations erupting from the ..... state of uttar pradesh (air 1957 sc 620) has held that this section does not penalise any and every act of insult or attempts to insult the religion or the religious beliefs of class of citizens, but its penalises only those acts of insult to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens, which are perpetrated with the deliberate and malicious intention ..... of them by the disclosures made in the devaprasnam and assertions made later through the print and visual media by the 1st and 3rd accused, and by their acts connected thereto, are liable to be proceeded with for the aforesaid offence. 10. .....

income-tax Officer Vs. Official Liquidator

Court : Kerala

Reported in : [1985]58CompCas590(Ker); (1986)55CTR(Ker)92; [1985]155ITR510(Ker)

..... court stated at page 698 :' the fact that after the amount of tax payable by an assessee has been determined or quantified, its realisation from a company in liquidation is governed by the act, because the income-tax payable also being a debt has to rank pari passu with other debts due by the company does not mean that the assessment proceedings for computing the amount of tax ..... liquidation) and the mysore spun silk mills ltd, (in liquidation) : [1968]68itr295(kar) , do not seem to lay down the correct rule of law that the income-tax officers must obtain leave of the winding-up court for commencing or continuing assessment or reassessment proceedings. '9. ..... supreme court held that a sale effected by the receiver of the trustees of the debenture holders of a company in liquidation without the intervention of court is perfectly valid and is not hit by section 171 of the companies act, 1913, for the reason that a secured creditor is outside the winding-up and can realise his security without the leave of the winding-up court. ..... in the aforesaid decision of the supreme court in : [1972]83itr685(sc) , it is held that the expressions ' other legal proceeding ' in sub-section (1) and ' legal proceeding ' in sub-section (2) of section 446 of the companies act convey the same meaning and proceedings under both the sub-sections must be such as can appropriately be dealt with by the winding-up ..... act authorising set off against refund, it was held, would apply only when insolvency rules do not .....

Kerala Co-operative Milk Marketing Federation Ltd. Vs. State of Kerala

Court : Kerala

..... dairy co-operatives to rescind a resolution of the federation, if it appears to him that such resolution is ultra vires the objects of the federation or is against the provisions of the act, rules or bye-laws or any direction or instructions issued by the department or calculated to disturb the peaceful and orderly working/of the federation or is contrary to the better interest of ..... resolution of any meeting of any society or the committee of any society, if it appears to him that such resolution is ultra vires the objects of the society, or is against the provisions of the act, rules, bye-laws or of any direction or instructions issued by the department, or calculated to disturb the peaceful and orderly working of the society or is contrary to the better interest of the society ..... operative institutions, that the bye-laws of the federation empower the board of directors to fix the procurement price/selling price of milk and that the provisions of the act or the rules cannot, therefore, be invoked to interfere with the decision taken by the federation to increase the procurement price/selling price of milk. ..... , that the price of milk can be increased only with the concurrence/approval of the government and that the register of dairy co-operatives is empowered under the provisions of the act and the kerala co-operative societies rules, 1969 (hereinafter referred to as the rules for short) to interfere with the decision taken by the federation to increase the selling price of milk. 8. .....

Ramachandran Master Vs. Kerala Lok Ayukta

Court : Kerala

Reported in : 2006(4)KLT166

..... we may mention that during the course of arguments the contention raised by the learned counsel representing the petitioners that the provisions contained in the act and rules would not confer any suo motu power on the lok ayukta to proceed to investigate was not much disputed, even though what was sought to be projected by the learned ..... allegations is not as envisaged under the act, the lok ayukta may ask the complainant, if the complaint is not anonymous or pseudonymous but by a known person, to cure the defects or support the contents of his complaint in the manner mentioned in the format of the rules reproduced above and if the defects may be cured so as to constitute a 'complaint' within the meaning of the act and rules, the lok ayukta would have jurisdiction to ..... lok ayukta has no power or jurisdiction to entertain any matter which is not in compliance with the form prescribed by the act and rules and there is no provision enabling the lok ayukta to take any suo motu proceedings. ..... provides that in particular and without prejudice to the generality of the provisions of the act, the government may provide rules for the form and the manner in which a complaint may be made as well. ..... thus:in this writ petition the petitioner challenges the jurisdiction of the 1st respondent to initiate proceedings pursuant to ext.p1, which according to the petitioner, is not a complaint as provided in the act and rules, based on which the lok ayukta has initiated proceedings against the petitioner. .....

M/s. Hotel Savoy Bar and Others The State of Kerala, Repersented By Th ...

Court : Kerala

..... relation to such packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale to the consumer; rule 2(l)- "retail sale in relation to a commodity means the sale distribution or "delivery of such commodity through retail sales shops agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer; rule 2 (m)- "retail sale price" means the maximum price at which ,the commodity in packaged form may be sold to the ultimate ..... complainant, charging excess price than the declared maximum retail price on the package attracts an offence under rule 18(2) of the legal metrology (packaged commodities) rules, 2011 ( l.m.p.c rules for brevity ) read with s 18 of the legal metrology act 2009 ( lm act for brevity )and punishable under section 32 (2) of the l.m.p.c. ..... and purport of the various terms made mention of in the rules relating to retail sale, the next question which arises for consideration is whether the serving of indian made foreign liquor in a hotel bar licenced by the excise authorities in the state of kerala will come within the definition of retail sale by a retail dealer and whether the act of selling the item over and above the retail sale price ..... [air 1972 sc 1131 ..... , [air 1972 sc 1131], it was argued that the transaction between a hotelier and a visitor to his hotel is essentially a contract of service and where, in the performance of the service and as part of the amenities incidental to that .....

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... this responsibility cast on the government coupled with the unintended income that has come into its hands (which would have gone into the hands of the devaswoms but for the vesting under act 26 of 1971) would enable this court to hold that the state has been constituted a trustee for the income from these forest lands with an obligation to spend the same for the ..... court observed that the principle functionary to undertake the community workship is the imam and the objective and purpose of every mosque being community worship and it being the obligation of the board under the act to ensure that the objective of the wakf is carried on, the board cannot escape from its responsibilities for proper maintenance of religious service in the mosque, mosques are wakfs and are required to ..... while observing that the absence of any provision in the act or the rules providing for appointment of imam or laying down the conditions of their service may be because they are not considered as employees, the supreme court held that it cannot be disputed that due to change ..... in kannan devan's case (1972) 2 scr 218 : 1972 ker lt 377 : (air 1972 sc 230) reading:'if the state were to use lands for purposes which have no direct connection with the promotion of agriculture or welfare of agricultural population the state could be restrained from using ..... made to a bill prepared in 1972 and r.w. ..... prepared in 1972. ..... name 'kerala hindu religious and charitable endowment bill' is seen to have been prepared in 1972. .....

Sri Ramalinga Mills (Cbe) Ltd. and ors. Vs. the Assistant Collector of ...

Court : Kerala

Reported in : 1988(14)LC264(Kerala); 1990(21)LC364(Kerala)

..... territorial waters, though amounting to import, yet will not for fiscal purposes determine the date and for the purpose of calculating the rate of duty which is leviable under the customs act and for which we have to look to section 15 of the act.since the taxable event is the import of goods into india, it is difficult to accept the conclusion that merely because the rate of duty has to be determined under section 15, its ..... was on these facts that the bombay high court held that as the import was at a time when no duty was payable for the reason of the notification under section 25(1) of the act, the goods are wholly exempt from duty even though the bill of entry was filed and the goods were cleared subsequent to the date on which the notification exempting the goods from customs ..... into the territorial water of india....clearance of imported goods can take place only after the importation is complete....there is nothing in any of the provisions (of the customs act) to indicate that the chargeability in respect of levy of customs duty is postponed until a bill of entry is presented....it is impossible to accept the view that the taxable event in respect of levy of customs duty takes place only when a bill ..... offered for sale, for delivery at the time and place of importation or exportation in the course of international trade and where such price is not ascertainable, the nearest ascertainable equivalent thereof determined in accordance with the rules made in that behalf. .....