Court : Kerala
Decided on : Oct-26-1984
Reported in : AIR1985Ker134
..... of the t.c. high court act and of sections 3 - 5 of the kerala act, and keeping in mind the legislative history, we are of the view that 'judgment' in section 5(i) has to he understood in the sense in which it was understood by the privy council in the context of clause 39 of the letters patent, and by the supreme court in ..... ker lt 764 : (air 1984 ker 1) also decided by a full bench. their lordships fully endorsed the view taken by the division bench in p. k. kunhu's case 1970 ker lt 644, and also noted how the term 'judgment' in section 5(iii) had been understood in mohammad haji 1976 ker lt 326 (fb). poti c. j. observed :-- 'if ..... 'orders'. we have already seen that in bhogilal's case air 1925 pc 155 the privy council had understood 'judgment' in clause 39 of the letters patent to mean a decree. in tarapore & co. v. v. o. tractors export air 1970 sc 1168 the supreme court was called upon to construe the meaning of the expression 'judgment, decree or final order' used in ..... by the single judge. 21. the question in p. k. kunhu v. state 1970 ker lt 644 was whether the rejection by a single judge of some of the grounds in an original petition at the admission stage was a judgment or order within the meaning of section 5; and the court held :-- 'the petition brought by the appellant which despite other .....
Tag this Judgment!Court : Kerala
Decided on : Jan-18-1984
Reported in : AIR1984Ker101
..... of study of candidates drawn from the two universities is opposed to statutes 4 and 7 of chapter 16 of the first statutes 1977 issued under section 82 of the calicut university act 5 of 1975. statute 4 relates to the degree of doctor of medicine (m.d.) and statute 7 relates to the degree of master ..... of kerala origin only.15. learned counsel for the petitioner relies on the decision of the supremecourt in a. k. kraipak v. union of india (air 1970 sc 150) wherein it is stated thus at paragraph 21-'21. it was next urged by the learned attorney-general that after all the selection board was only a recommendatory ..... and evaluation of students drawn from different universities, our direction should not be understood as unalterably and in elastically fixing the limits for government action. methods for securing uniformity of syllabus, pattern of examination and mode of evaluation in the different universities, would well be within the province of the government to undertake.'5. the ..... to financial commitments and other relevant considerations can only admit a specific number of students to the said colleges. they cannot obviously admit all the applicants who have secured the marks prescribed by the university. it has necessarily to screen the applicants on some reasonable basis. the aforesaid orders of the government only prescribed criteria for ..... aforesaid reasons, we do not see any merit in this writ petition. it is accordingly dismissed. there will however be no order as to costs. .....
Tag this Judgment!Court : Kerala
Decided on : Jun-25-1984
Reported in : [1985]59STC33(Ker)
..... assessment order was received by the deputy commissioner of sales tax (zone), at least, he would have been alerted about the patent unauthorised adjustment made by the assessing authority, and would have invoked section 35 of the act to set right the unauthorised adjustment. indeed, i should say, if the deputy commissioner of sales tax (zone) came ..... to know or was appraised of the matter, it was his duty to exercise the suo motu power of revision vested in him under section 35 of act. as to why the copy of the assessment order as specified at pages 187 and 191 of the files was not sent or received by the deputy ..... authority to refund the excess surcharge amount specified in exhibit p3 order--rs. 7,920.26--within one month from today. the 0. p. is allowed with costs.11. in the way, in which the adjustment has been made as detailed above, i am of opinion that this is a matter in which the deputy ..... this rule must be observed in its proper spirit and mere pretence of compliance with it would not satisfy the requirement of law. in ibrahim kunju v. state air 1970 ker 65, after an exhaustive review of case law, krishna iyer, j. (as he then was), held at page 67 :opportunity (to explain) should be real ..... may be, a question of law, if the circumstances, stated by the supreme court in state of u. p. v. indian hume pipe co. ltd. [1977] 39 stc 355 at 358 (sc) are present. but for the purpose of disposing this case, it is not necessary to adjudicate that question. it is true that in view .....
Tag this Judgment!Court : Kerala
Decided on : Apr-02-1984
Reported in : (1984)IILLJ247Ker
..... 2nd march, 1983. according to the counter-affidavit:government are fully competent to issue an order under section 10-b of the industrial disputes act if it is expedient to do so for securing industrial peace in the establishment and secure payment of advance by the employer to the workmen who were in utter distress owing to the ..... p-12. under that the government granted an interim relief of four days' wages to the workmen. the section section 10-b - under such interim relief is to be given refers to the factors as follows:.for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life ..... of natural justice.there are similar observations of the supreme court in the decision in the board of high school & intermediate education, u.p. v. chitra : [1970]3scr266 , such as:principles of natural justice are to some minds burdensome but this price a small price indeed - has to be paid if we desire a society ..... to issue the orders. the order ext.p-12 is liable to be quashed also for the ground of non-application of mind in the above circumstances.39. the result of the above discussion is to allow the writ petition in relation to the prayers relating to the quashing at exts.p-11 and p ..... evokes such a meaningful study, that may, to some extent, compensate the agony the workmen suffered and the loss the management sustained.49. if costs are to follow the event, the petitioners would be entitled to the same. i would, however, decline .....
Tag this Judgment!