Court : Kerala
..... .1 is answered in favour of the petitioners. issue nos.2 and 3: 13. these issues being interrelated are taken together. submission which has been pressed by the learned counsel for the petitioners is that section 17 cannot be resorted to for expulsion of primary membership of a member of the managing committee ..... the apex court in the above case was considering the case where the president of the municipal council was removed by the state government exercising power under section 55a of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965. in the above context the following was laid down by the apex court in paragraphs ..... 28.06.2015 expelling the petitioners is without jurisdiction. he further submitted that removal of petitioners has been done without following the statutory provisions of the act and rules hence the writ petition was clearly maintainable. he submitted that no opportunity as required by section 17 including hearing in person was afforded to .....
Tag this Judgment!Court : Kerala
..... ; import permitted without a licence in accordance with the provisions of the manufacture, storage and import hazardous chemicals rules, 1986 (made under the environment(protection) act, 1986). besides other conditions mentioned in the rules, the importer shall, before 30 days but not later than the date of import, furnish the details ..... issued by chief factories inspector showing the chemical as input) :7. quantity of the chemical(classified as insecticides as per the schedule to the insecticides act 1968). imported and consumed durign the last five years (certified by excise authority ) :8. quantity recommended for imported by the nodal ministry (enclose recommendation ..... be used as insecticides. in this case, as already noticed, for import of insecticides for non insecticidal purposes the authority under the foreign trade act has declared that freedom is attached to import of insecticides (whether it is for insecticidal purposes or for non insecticides purposes). as far as insecticides .....
Tag this Judgment!Court : Kerala
..... certainly did not have in mind. the learned lord also identified as another source of difficulty the tendency in some cases to treat some one criterion as paramount and to press it to its logical conclusion without proper regard to the other factors in the case. lord reid further said (at p.313) : so it is not surprising that ..... due. that the section creates a legal fiction has been held by this court in cambay electric case (supra) where at page 93 (of 113 itr 84) : (air 1978 sc 1099) of the report it was observed as under: "it is true that by a legal fiction created under s.41(2) a balancing charge arising from sale of ..... revenue before the tribunal contended that the expenditure incurred by the assessee were all capital expenditure. reliance was also placed on explanation 1 of section 32 of the income tax act, 1961. with regard to the expenditure incurred on superstructure on leasehold land it was contended by the assessee that section 32 speaks only about 'building' taken on lease .....
Tag this Judgment!Court : Kerala
..... as c.c. no.850 of 2011. petitioners have been charged under sections 3, 4 and 5 of the prize chits and money circulation scheme (banning) act, 1978 along with section 420 of the indian penal code. the crime was registered on the directions issued by the third respondent who at the relevant time was working ..... court. it goes without saying that appointment of a senior advocate as special public prosecutor goes with all its restrictions and prohibitions as contained in the bar council of india rules. senior advocate appointed as special public prosecutor is obliged to follow all restrictions as contained in the rules. he cannot appear without an advocate ..... draft any pleading. there is no such indication that the state government requires from the special public prosecutor, 4th respondent to act. 26. obviously, the acts which are prohibited under the rules of the bar council of india cannot be performed by a senior advocate. but senior advocate can examine and cross-examine a witness, plead .....
Tag this Judgment!Court : Kerala
..... end of that period. 27. from the above, it is quite obvious that definition of the term workman/employee under the. industrial disputes act, minimum wages act, payment of gratuity act (unamended) more or less refers to the particular nature/specified category of skilled, unskilled, manual etc. where there is a reference to the ..... above amendment would throw some light on the background, which hence is extracted below: prefatory note - 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 ..... another judgment rendered by the supreme court in royal talkies vs. e.s.i. corporation (1978) 4 scc 204, wherein the issue was with reference to the definition of the term employee under section 2(9) of the esi act. the apex court held that, in interpreting the statute, if two interpretations are possible, .....
Tag this Judgment!Court : Kerala
..... during the trial. (emphasis supplied) 36. both the learned counsel sri.chandrababu and sri.mvs namboothiry have relied on gurcharan singh and others v. state (delhi administration) [(1978) 1 scc 118], wherein it was held in paragraph 16 that- section 439 of the new code confer special powers on high court or court of session regarding bail. ..... for grant of bail and cancellation of bail are different. there is no dispute to this position. but the question is if the trial court while granting bail acts on irrelevant materials or takes into account irrelevant materials whether bail can be cancelled. though it was urged by learned counsel for the appellant that the aspects to ..... public prosecutor for the 'narcotic control bureau'(hereinafter referred to as 'the ncb'), thereby totally disregarding the mandatory procedure contemplated under section 37(1)(b) (i) of the ndps act, the ncb had approached the said court under section 439(2) cr.p.c. through crl.m.p.no.1560/15 in s.c.no.357/15, seeking .....
Tag this Judgment!Court : Kerala
..... may issue such orders as is deemed fit. the above rule only stipulates that the authority (viz., the municipal authority concerned) mentioned in sec.321 of the act, which is the municipal council, with the approval of the district collector shall regulate the location and area limits of crematoria, burning and burial grounds including cemetery, etc. it is also relevant ..... therein (church authorities herein) be permanently injuncted from constructing cemetery for burial of dead bodies in the said property. o.s.no.189/1991 was dismissed as not pressed with costs as can be seen from ext.b-5 judgment dated 14.12.1994. incidentally, it is also to be noted that since o.s.no.189/1991 ..... within the limit. it appears that the first proviso to rule 5 was incorporated by way of an amendment to the rule as per sro no.706/1978 in gazette of 18.7.1978. the first proviso stipulates that in the case of concrete vaults, the distance shall be twenty five metres from any human habitation, whereas the operative .....
Tag this Judgment!Court : Kerala
..... also be followed for construction of those words in the later statute. 51. the rule as stated by griffith, c.j. and approved by the privacy council (lord halsbury) is: "when a particular form of legislative enactment, which has received authoritative interpretation whether by judicial decision or by a long course of practice ..... of the court in an interlocutory application determining the validity of the domestic enquiry is to be treated as an interim award. 30. the oxford english dictionary (oxford university press, 2004) defines the term `interim', among other things, to mean: in the meantime, meanwhile, a temporary or provisional arrangement, adopted in the meanwhile. as an ..... when the statutory position is different in the co-operative societies act? 72. on the issue of the delays in converse cases, the karnataka high court in motor industries ltd. v. d. adinarayanappa (1978) i llj 443 (kant.)) observed thus: "10. [b]y the observations made as aforesaid, the supreme court has certainly .....
Tag this Judgment!Court : Kerala
..... house of lords in a celebrated case, east end dwellings company ltd v. finsbury borough w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:92. :- council [1952 ac109. following observations were made by lord asquith: "if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so ..... of service of the workmen employed by the society cannot be held to be a dispute touching the business of the society." 23. in the present case the submissions pressed by the learned counsel for the appellant is not on the basis of the expression 'touching the business of society', rather, dispute regarding service matters of employees is ..... from when. (ii) even if labour court had jurisdiction, whether the appellant was entitled to file an application under s.10(4a) of id act in respect of a cause of action which occurred in 1978." section 70 of the kcs act has been extracted by the apex court in paragraph 11 of the judgment. section 70 was amended by amendment .....
Tag this Judgment!Court : Kerala
..... occupying key positions are not supposed to mortgage their own discretion, volition and decision-making authority and be prepared to give way or being pushed back or pressed ahead at the behest of politicians. the apex court summarised the legal position on this point to the effect no higher authority in the hierarchy or an ..... statutory role would be ultra vires. this position was followed in commr. of police v. gordhandas bhanji [air1952sc16 and mohinder singh gill v. chief election commr. [(1978) 1 scc405 also. therefore according to the learned senior counsel for the petitioners, the decisions on the selection of the candidates is not taken by any authority having ..... the apex court was considering the question regarding the validity of elections held by the kerala bar council during the extended term of six months. as per the provisions contained in the bar council of india rules and the advocates act, it was found that the elections have to be held before the expiry of 5 years time. .....
Tag this Judgment!