Court : Kerala
Reported in : [2007]8STT33; (2007)7VST323(Ker)
..... ltd. v. state of haryana : [1991]188itr402(sc) , p.d. sudhi v. intelligence officer [1992] 85 stc 337 (ker), puri muncipal council v. indian tobacco co. ltd. : air1996sc534 , state of kerala v. t.c.m. co. [1999] 1 klt 91, gajanana agencies v. state ..... in that event, the state shall refund the amount paid by him. such individual inconveniences or grievances can never be pressed into service, to attack a legislation. i have not dealt with in this judgment, some of the decisions cited by ..... the question before the constitution bench was, whether the assam taxation (on goods carried by road or on inland waterways) act (assam act 10 of 1961) was constitutionally valid. it was held that the entries in the three lists in the seventh schedule must ..... (p&h;). the learned special government pleader on the other hand, relied on the decisions in r.s. joshi v. ajit mills limited : [1978]1scr338 , r.k. gargv. union of india : [1982]133itr239(sc) , m.r.f. limited v. assistant commissioner [1995] 98 stc 233 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker158
..... these schools without complying with the procedure laid down in the kerala education rules, is absolutely incorrect. the decision in the above schools is taken by the council of ministers. it is pertinent to note that government is vested with power under rule 3 of chap. i kerala education rules for dispensing with or relaxing ..... writ appeals, in addition to the two grounds on which the state contested the writ petitions, an additional ground of lack of educational need also has been pressed into service.7. before going into the issues involved, we may also note the provisions of the kerala education rules regarding the opening and recognition of schools ..... the supreme court held that right to education is concomitant to the fundamental rights enshrined under part iii of the constitution. by the above said constitution amendment act, right to education has been expressly made a fundamental right by introducing article 21a in part iii of the constitution of india. article 21a reads thus:21a. .....
Tag this Judgment!Court : Kerala
Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)
..... in case sections 397 or 398 are alleged (see cosmosteels pvt. ltd. and ors. v. jairam das gupta and ors. : [1978]2scr422 ).6. to attract actions under sections 397 and 398 of the act in support of the finding of oppression and mismanagement, main reason stated is the convening of eleventh annual general body without proper notice. now ..... their statements of policy. the apex court in navjyothi co-operative group housing society v. union of india : air1993sc155 , after considering the house of lords decision in council of civil service unions v. minister for the civil service (1984) 3 all er 935 held as follows:it may be indicated here that the doctrine of 'legitimate ..... the agreement with the special investigating centre was made when petitioners 1 to 4 as well as their supporting nri directors were in the board; and they cannot press that point to get relief under section 398 as they were in management. however, we are of the opinion that if any amount is due from special investigating .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT864
..... court of india, has to be in accordance with the stipulations made by the government or the bodies controlling educational system such as all india council for teacher education. one area where the government should issue specific instructions in this regard is the date on which the eligibility criteria has to ..... university ordinances promulgated by the universities in kerala does prescribe the duration of the academic year. i shall specifically refer to the kerala university first ordinances, 1978. similar ordinances are applicable to other universities also. chapter ii, ordinance 1 of the said ordinances reads thus:1. academic year.- the academic year ..... exclusively with the commissioner of entrance examinations and the state of kerala unless specifically authorised by the government in that regard, as the university acts, statutes and ordinances do not specifically contain any provisions authorising the universities with any functions with regard to the prospectus for and admissions to the .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT897
..... supreme court had occasion to deal with the question of applicability of consumer protection act in respect of some such activities in two decisions to which i shall presently advertto.7. in chairman, thiruvalluvar transport corporation v. consumer protection council, reported in : [1995]2scr1 , the supreme court considered the question as to ..... whether the claim for compensation arising out of a motor accident can be adjudicated by the authorities under the consumer protection act. in paragraph 6 of the judgment, while holding that ..... state commission also came to the similar conclusion in respect of payment of house tax in the decision of the commissioner, mannargudi municipality v. consumer protection council, reported in (1993) i cpr 191. in that decision, the state commission, in paragraph 5, held as follows:.it has been pointed out .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ240; 2006(3)KLT567
..... policy, pattern or procedure is required, the celebrated tradition of this court is to give due notice to the advocate general, the bar association, the bar council and require the valuable services of eminent senior advocates, who form the solidified treasure of experience.finally, the division bench directed as follows:therefore, we are of ..... need of fair procedure established by law is also emphasised in the decision of the apex court in smt.maneka gandhi v. union of india and anr. : [1978]2scr621 . procedure can be prescribed only by statute or rules made thereunder or as authorised by constitution, statute, or rules. facts of each case may differ. decisions ..... george 's case and chakkunni's case requires consideration by the rule making body. the registry shall bring this matter for consideration of the honourable the acting chief justice.on the basis of the above judgment, the hon'ble chief justice constituted a committee of three judges and after due deliberations in the committee .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker69; [2006(2)JCR244]; 2005(4)KLT745
..... the following conditions, namely :(a) ...(e) he fulfil is such other conditions as way be specified in the rules made by the state bar council under this chapter.'section 24a of the act provides, the grounds for disqualification for enrolment. it is common case that the petitioners do not suffer from any disqualification under section 24a, the rules ..... . the learned counsel appearing for the respondents, on the other hand, relied on form no. 6, framed under rule 2(h) in chapter v of the bar council of kerala rules, 1978 end submitted that a person engaged in profession, is ineligible for being admitted to the rolls of the bar ..... council. they also relied on the decision hansraj v. bar council of maharashtra : air1996sc1708 and also the decisions in s. pillai v. executive officer, panchayat board : air1966mad262 and n.e. merchant v. state (air 1966 bombay 283 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker319; 2006(1)KLT427
..... in article 243p(e) comes into being. by the mechanism provided under article 243q(1), a nagar panchayat gets constituted for a transitional area, a municipal council gets constituted for a smaller urban area and a municipal corporation gets constituted for a larger urban area. the constitution of such municipalities is the mandate of ..... declaration made by the legislature and the learned judge referred to charles russell v. r., (1882)7 ac 829 and to attorney general v. queen insurance co., (1978)3 ac 1090. khanna, j. held that the declaration could not preclude judicial scrutiny. mathew, j. held that declarations were amenable to judicial scrutiny. if the ..... is also fortified by the nature of section 4 of the municipality act, 1994 which provides for conversion of village panchayat into a town panchayat or a municipal council, for conversion of a town panchayat into a municipal council and for conversion of a municipal council into a municipal corporation. this shows that it had never been .....
Tag this Judgment!Court : Kerala
Reported in : (2006)ILLJ521Ker
..... service they will not be entitled to gratuity. working journalists are also governed by the provisions of the press councils act, 1978. section 13 of the act enables the press council to lay down code of conduct for newspapers and journalists in accordance with high professional standards. power is also conferred ..... that the working journalists did not come within the definition of 'workman' as it stood at that time in the industrial disputes act. press commission had also considered the question as to the tenure of appointment of the minimum period of notice for termination of the employment ..... on the council to warn, admonish or censure newspaper if a working journalist has committed any professional misconduct. the standard of discipline attributed to working journalists compared to other employees governed by the payment of gratuity act .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1
..... division bench upheld the claim of the illegitimate children. in doing so, their lordships noticed the decision of the andhra pradesh high court in lakshmamma v. narasamma, 1978 (2) andh. lt 205, wherein the court was concerned with the estate of one narasappa who died in 1966. the division bench quoted with approval the ..... was necessarily intended to have retrospective effect and if the court can unhesitatingly conclude in favour of retrospectivity the court would not hesitate in giving the act that operation unless prevented from doing so by any mandate contained in law or an established principle of interpretation of statutes. in holding so, it ..... be governed by the same rules relating to marriage, succession, minority, guardianship, adoption and maintenance as hindus.24. thus, it has to be noticed that the four acts commonly called as 'the hindu code', brought under their canopy, diverse social groups and subjected them to uniform laws.25. now, the diverse, but accepted, practices .....
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