Court : Kerala
Reported in : 2005(1)KLT269
..... and respondents 1 and 2 and only in 1978 as regards their mother.13. in this situation, the pronouncement of the apex court in mary roy's case (supra) becomes relevant. the part b states (laws) act, 1951 came into force with effect from 1.4.1951. their lordships of the supreme court have held that by the operation of the part ..... lost. having held that no right was lost, no such question arise. that apart, in mary roy's case, their lordships declared the legal effect of the coming into force of the part b states (laws) act, 1951. the declaration of law in mary roy's case does not amount to revival of any right that was lost, but the declaration of law ..... this context is that the interpretation given to the part b states (laws) act while their lordships decided mary roy's case is not correct. the well settled principle of law relatable to the doctrine of per incuriam do not take in such an argument mary roy's case has not obviously been decided without noticing any relevant provisions of law or .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker267
..... 5. the grantee conveyed his entire rights in the kannan devan concession to north travancore land planting and agricultural society ltd. a company incorporated under the indian companies act, 1866 under an indenture dated 8-12-1879. thereafter, an agreement dated 28-11-1878 was entered into between the abovementioned society and the government of his ..... free passes for transporting the timber outside the concession area, it was directed to pay seigniorage or 'kuttikanam' for all timber to betransported. plaintiff then filed o.s. 1/68 for a declaration that the plaintiff had full and unqualified ownership and title over and right or removal of the timber concerned and that the 1st ..... to levy seignorage on transit of royal trees as well as non-royal trees beyond the limits of concession area. plaintiff filed an appeal before this court as a.s. no. 640 of 1971. during the pendency of the above appeal, plainiff felled 'exotic trees' like alunus, macrocarpa and grevillea from the pruned tea fields .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker253
..... for the petitioner, referred us to the decision of the supremo court reported in k. t. moopil nair v. state of kerala, air 1981 s c 552 wherein the land tax act which was in force in kerala was struck down. in that case, the said enactment was challenged both on the ground of violation of article 14 ..... had a considerable hand in influencing the 2nd respondent when the latter was consulted by the state government under section 4(1) of the act, for revoking the license of the petitioner's undertaking. therefore the learned counsel urged that though it may be difficult for his client to establish mala fides hy direct evidence, as laid ..... the view that the explanation is not satisfactory, and therefore, government in public interest have decided to revoke the licence granted to the petitioner's undertaking under section 4(1) of the act. the state government finally asks the electricity board to express their willingness or otherwise regarding the purchase of the undertaking, under section 5(1)( .....
Tag this Judgment!Court : Kerala
Reported in : (1993)ILLJ580Ker
..... insurance; employment and unemployment', and 'welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits'. their lordships further observed as follows (p. 507):'the act extends to the whole of india and comes into force on such date or dates as the central government may ..... various benefits.' the supreme court held in the above judgment that the payment of contribution by the employer towards the premium of an employee's compulsory insurance under the act falls directly within entries 23 and 24 of list iii and it is wholly unnessary to seek justification for it by recourse to entry 97 ..... .10. the contention that extension of the scheme spell in the realm of violation of section 9a of the industrial disputes act is also unfounded. the notification made under the e.s.i. act cannot be held to be invalid on the basis that it is in violation of the contract or agreement entered into by .....
Tag this Judgment!Court : Kerala
Reported in : (1997)ILLJ1178Ker
..... liability incurred by the member. the protection which is afforded is even given to the extent that the official assignee appointed under the presidency towns insolvency act or any receiver appointed under the provincial insolvency act shall not be entitled to have any claim on the provident fund amount. similar protection is given to a nominee under sub- ..... by section 60(1)(g) of the code of civil procedure which exempted stipends and gratuity amounts to pensioners. of the government or payable out of any service family pension fund notified by the government and political pensions. the division bench took the view that it was not sufficient if the money came out of the fund ..... be a provident fund after the death of the subscriber.9. learned counsel for the appellant also pressed into service the decision reported in madhavan nambiar's case and sathyavathi's case (supra) to contend that the character of the fund would change either on it being paid to the employee on retirement or on his .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker101
..... by virtue of the introduction of the ryotwari settlement in malabar area. mr. surianarayana iyer also referred us to the passage occurring in sundaraja iyengar's land tenures in the madras presidency, 2nd edition, at page 46, dealing with wargs in south canara district. the particular passage relied upon runs as follows:-'the wargs are of ..... collector of kamrup, air 1962 sc 137.49. in the first decision, their lordships had to consider the definition of 'estate' occurring in the punjab land revenue act, act 17 of 1887. in fact, it will be seen that it appears to have been almost agreed to by all the parties that the definition of the expression ..... registered in that manner may be made primarily responsible for the payment of the revenue. in consequence, according to the state, the malabar land registration act, namely, madras act iii of 1898, was enacted, making provision for enquiry and registration by the collector of the proprietors of all lands and also making provision for registration .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker332
..... framers of the constitution have, by implication, postponed all election disputes to election petitions and tribunals. in harmony with this scheme, section 100 of the act has been designedly drafted to embrace all conceivable infirmities which may be urged. the section is exhaustive of all grievances regarding an election ............. article 329( ..... for consideration was whether the correctness or legality of the direction for re-poll made by the election commission under the representation of the people act, could be challenged under article 226 of the constitution. the supreme court answered the question in the negative, saying that the writ application challenging ..... a candidate before accepting the nomination. similarly, once a candidate is returned, the court constituted under the act has got the power to go into the question and decide whether the returned candidate's election is void....... the jurisdiction of the election court to decide the election dispute would include the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker36; [1960]11STC747(Ker)
..... the guarantee of no tax being leviable except by the authority of law under article 265, require any enactment concerning taxation of trade to be with the president's earlier assent and in reasonable restriction of the right and the freedom to carry the trade. in addition to the aforesaid points two other objections were urged ..... it incidentally trenches on matters outside the authorised field, and therefore it is necessary to inquire in each case what is the pith and substance of the act impugned. if the act, when so viewed, substantially falls within the powers, expressly conferred upon the legislature which enacted it, then it cannot be held to be invalid, ..... failure to comply with the proviso to article 304(b) is justified. in attorney-general of manitoba v. manitoba licence holders' association, 1902 ac 73, the act for the suppression of the liquor traffic in manitoba was held to be within the powers of the provincial legislature, notwithstanding that in its practical working it would .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker148
..... compromise which they made between the powers of the government and the liberties of the people. xxx xxx xxx an ordinance issued by the president or the governor is as much law as an act passed by the parliament and is, fortunately and unquestionably, subject to the same inhibitions. in those inhibitions lies the safety of the people. ..... being only indirect. but if the state regulates conduct by enacting a general law within its power, the purpose and effect of which is to advance the state's secular goals, the statute is valid despite its indirect burden on religious observance unless the state may accomplishits purpose by means which do not impose such a burden'. ..... , and those who do not follow the hindu faith. xxx xxx xxx'. 'religion in its broadest sense includes allforms of faith and worship, all the varieties ofman's belief in a superior being or a morallaw transcending the things that are caesar'sand demanding his affection and obedience. xxx xxx xxx 'there is nothing in sections 63 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1987Ker212
..... but during 'good behaviour' breach of the oaths of office and of secrecy may attract the impeachment clauses and when posts are held at the pleasure of the president or the governor, the termination, at their will, of the tenure may be the possible outcome of such breach.' (underlining is ours) then the full bench ..... journalists' evidence, cassette tapes and records, before taking a decision. in these circumstances, it is not possible to draw the inference that the chief minister did not act fairly and reasonably in not attempting to secure these materials. even the genuineness of the materials placed now before this court is seriously challenged by shri balakrishnapillai. in ..... responsibility was introduced in the british parliament you remember how the english king used to disrupt the british cabinet. he had what was called a party of king's friends both in the cabinet as well as in parliament. that sort of, thing was put a stop to by collective responsibility. as i said, collective .....
Tag this Judgment!