Judgment Search Results Home > Cases Phrase: railway companies emergency provisions act 1951 section 9 penalties Court: kerala Page 1 of about 586 results (0.228 seconds)

Abdul Rehman Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2000(1)ALT(Cri)188; 1999CriLJ4801

..... very object of the prevention of corruption act is to eradicate corruption at various levels either in the government service or in the service of corporation or government companies, over and above the provisions of sections 161 and 165 of the ipc. lt is also pertinent to note that the definition of 'public servant' given in section 21 of the ipc cannot ..... of the ipc. in that decision the supreme court has observed as followed (at pp. 730-731 of cri lj):thus, the position that emerges is, that although bajrang lal and ram kishan were not formally appointed to work in the pass section, the posts held by them being of khalasis drawing pay from the ..... act. in the decision reported in bajrang lal v. state of rajasthan (1976) 2 scc 217: (1976 cri lj 727) the supreme court has held that a person in the railway service is a public servant to be found guilty under section 5(1)(d) read with section 5(2) of the prevention of corruption act and sections 120b and 465 .....

New India Assurance Co. Ltd. Vs. K. Pathumma and ors.

Court : Kerala

Reported in : I(1987)ACC461; AIR1987Ker47; [1990]68CompCas192(Ker)

..... code, as provided in section 117 of the code. if that be so, the provisions in order xli of the code would govern appeals under section 110-d of the act.7. what we have indicated above clearly emerges from a long line of decisions. in national telephone company, limited (in liquidation) v. his majesty's postmaster-general, 1913 ac 546, the house ..... of lords dealt with a question whether an appeal lay to the house from a decision of the railway and canal commission under section 17 of the .....

Raveendran Nambiar Vs. Prabhakaran

Court : Kerala

Reported in : [2006(110)FLR742]; 2006(3)KLT234; (2006)IIILLJ331Ker

..... gratuity act was enacted as law to provide for a scheme for payment of gratuity to employees engaged in factories, mines, oil field, plantations, posts, railway companies, shops or other establishments. both are beneficial legislations intended at bettering the service conditions of workers. going by that reasoning, i am of opinion that ..... judgment, which reads thus: on a consideration of these authorities, therefore, it seems that the following proposition emerges:where a subsequent act incorporates provisions of a previous act then the borrowed provisions become an integral and independent part of the subsequent act and are totally unaffected by any repeal or amendment in ..... of gratuity act. petitioner submits that the subsequent inclusion of petitioner's establishment as a factory under the factories act by notification and deeming provision under section 85(1) cannot automatically make the petitioner's establishment a factory as defined under the factories act for the purpose of payment .....

Oriental Insurance Co. Ltd. Vs. Abdul Salim

Court : Kerala

Reported in : 2009ACJ395

..... into one's disablement arising out of workmen's compensation act as the insurance policy is one issued under the provisions of the motor vehicles act. in our view, the commissioner has rightly awarded compensation as per the impugned award ..... according to us, the said contention is wholly unacceptable. admittedly, the vehicle in question was validly insured with the appellant insurance company during the relevant point of time, as is evident from exh. m1 policy. evidence in this case would undoubtedly show that ..... kerala)]. bearing in mind the tests to determine whether an accident arose out of and in the course of one's employment emerging from the said decisions, we may have to analyse the evidence and admitted facts in this case. as held earlier, the ..... determine whether the accident arose out of the workman's employment. the test laid down by lord sumner in lancanshire & yorkshire railway v. highley (1917) ac 352, is as hereunder:there is, however, in my opinion, one test which is always .....

C.K.P.Moosa Keyi Vs. Thalassery Municipality

Court : Kerala

..... .7.1994 and completed by 16.7.1994. thereafter proceedings discontinued. in the written statement filed by the defendants they have no case that the acquisition proceedings were initiated invoking emergency provisions. i have perused the documents filed by the defendants. the first notification was a plain notification under section 3(1). second and third notifications were also plain notifications under section ..... land either under subsection (1) or (2), collector shall tender payment"." "the emergency provisions of the statute which empowers the state to acquire land by dispensing with the provisions of making an enquiry is a drastic provision. therefore, when that right is taken away and the land is acquired by invoking the emergency provision of section 17(3)(a) to hold that even the safeguards provided .....

Mercy George Vs. the Kerala State Election Gommission and ors.

Court : Kerala

Reported in : 2009(16)KLJ844

..... rules and cannot be fastened on the basis of two different versions of a statute in two different languages,, published in the gazette. the situation emerging out of the statutory provisions as they stood on the date of the alleged failure of the petitioner is nothing short of a swirling enmesh which will not have the ..... the convener. that penal provision is part of the penalties prescribed as disqualifications from holding an elected office. that cannot, by itself, contain any prescription of duty. this is why the legislature ..... stands charged with commissions and omissions, the findings of which would result in penal consequences.13. adverting to section 35(p) with the aforesaid in mind, that provision provides for disqualification if a member has failed, twice consecutively, to convene the meeting of the grama sabha due once in three months, of which, he is .....

Dr. T.M. Paul Vs. City Hospital (Pvt.) Ltd. and ors.

Court : Kerala

Reported in : [1999]97CompCas216(Ker)

..... on the district court by the central government. but this court has consistently held that view that the jurisdiction of the civil court is not ousted by the provisions in the companies act. in star tile works ltd. v. govindan, : air1959ker254 , a division bench of this court held that a suit filed by some shareholders challenging the ..... to enforce that right. even the decision in rajasthun s. r. t. corporation v. krishna kant, air 1995 sc 1715, where the policy of law emerging from the industrial disputes act and its sister enactments is taken note of and the advantages in approaching the forums like the industrial tribunal or the labour court are ..... created by the industrial disputes act or the civil court where recourse to civil court is open according to the principles indicated herein.(7) the policy of law emerging from the industrial disputes act and its sister enactments is to provide an alternative dispute resolution mechanism to the workmen, a mechanism which is speedy, inexpensive, .....

Reserve Bank of India Vs. Palai Central Bank Ltd.

Court : Kerala

Reported in : AIR1961Ker268; [1961]31CompCas154(Ker)

..... and the best machinery, its subjective satisfaction based on the intimate knowledge with which the law provides it.and considered in the light of the several provisions of the banking companies act and the reserve bank act to which i have drawn attention, and to their general scheme, i should think the words, 'the continuance of ..... , conveying admonitions and holding out threats (such as prohibition of fresh deposits, exclusion from the schedule and refusal of a licence under the relevant provisions of the reserve bank act and the banking companies act) with a view to reformation, but, not so much as a result of fresh transgressions (although, it is 'said, that there ..... such emergency, sub-section (4) of section 35 provides for a hearing and provides also in the shape of the proviso thereto for a locus paenitentiae.if, after this, the central government is satisfied that the company should not be allowed to continue and that is more or less the stage contemplated by the impugned provision--it .....

itty Kurian and anr. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1962Ker267

..... addition in any one or more of the forms of business referred to in clauses 1 to 17 referred to therein. there were various other provisions regarding banking companies which wer enactedmore or less in accordance with the recommendations made by the indian central banking inquiry committee 1931. but the underlying idea, in the ..... paragraph 8 of the counter-affidavit that individuals and firms carrying on business of banking namely, private banks, do not come within the controlling provisions of the banking companies act. there is no supervision or control by the reserve bank and than the practice of private banks giving their depositors facilities for issuing cheques ..... ) ordinance, 1946 -- ordinance no iv/1946. the preamble to the ordinance is to the effect that an emergency has arisen which renders it necessary to make provision to inspect the affairs of banking companies in certain circumstances. in particular, section 5 of the ordinance gave power to the central government if it is of .....

K.M. Aboobacker and anr. Vs. Station House Officer and anr.

Court : Kerala

Reported in : 2008(1)KLJ75

..... see that the quantity is duly credited in the accounts in case the transport is by a licensee.[provided that rum provisioned and moved for consumption by defence service personnel may, during the period of emergency due to war, be transported without obtaining permits from the excise authorities. but the same shall be covered by a ..... the prosecution charge was that the appellants were found transporting in a motor cycle 48 bottles of fenny. fenny is a foreign liquor which is defined under the provisions of foreign liquor rules. if so, finding of the trial court that either transporting or possessing indian made foreign liquor is punishable under section 55(a) of ..... the prosecution evidence is that they were found transporting 48 bottles, each containing 180 ml coconut fenny, a foreign liquor, without having any transport permit under the provisions of the abkari act and the rules framed thereunder. as per the charge filed by the circle inspector of police, kumbala, on 13-2-1998 at about .....