Court : Kerala
Reported in : AIR1958Ker61; 1958CriLJ503
..... to be dealt with departmentally at his discretion by his own self and that there was no reasonable classification. the learned judges observed at p. 162 :'the provision of law, which gives such an unbridled and arbitrary power to an executive officer to make distinction between one man and another similarly situated cannot but be termed ..... the preamble, and discretion is vested in the government to make a selection in furtherance of that policy and object for the application of the act, then the provision conferring such power is not void as offending article 14 of the constitution. if such power is improperly exercised inany particular case, that is, not in furtheranceof ..... abuse of such power, the parties aggrieved are not without ample remedies under the law. what will be struck down in such cases will not be the provisions which invest the authorities with such power but the abuse of the power itself.'their lordships have reviewed all the previous decisions of the supreme court concerning .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker213; [2000]101CompCas486(Ker)
..... industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882 (4 of 1882), any officer of the financial corporation, generally ..... posterior to the passing of the decree. for reference, herein sections 31(1) and 32(8) of the state financial corporation act can be extracted :'31. special provisions for enforcement of claims by financial corporation :-- (1) where an industrial concern, the breach of any agreement, makes any default in repayment of any loan or advance ..... financial corpn. v. natson mfg. co., air 1978 sc 1765 has laid down that under section 31(1) of the state financial corporation act, a special provision has been made for enforcement of the claims by the financial corporation. in an application filed under section 31(1) of the state financial corporation act, an injunction .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker225
..... , now therefore, in exercise of the powers conferred by sub-section (2) of section 3 of the kerala relief undertakings (special provisions) act, 1961 (6 of 1962) the government of kerala hereby declare that messrs. super clays and mineral mining company (private) limited, cannanore, shall for a further period of one year from the 2nd mar., 1981, he conducted to serve as ..... be one of the major shareholders of the super clays and minerals mining company private ltd (hereinafter referred to as the company), which is a company registered under the indian companies act. she challenges exts. p8 to p11, orders passed by the government of kerala under the kerala relief undertakings (special provisions) act, 1961 (act 6 of 1962) (hereinafter referred to as the relief undertakings .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker218
..... an agent, sub-section (1) (b) would come into play only if the agent commits the corrupt practice with the requisite consent. this follows from the plain language of the provision. consent to the actual commission of the corrupt practice under sub-section (1) (b) must be differentiated from consent which is part of the definition of the term 'agent' in .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT275
..... procedure of quo warranto confers jurisdiction and authority on the judiciary to control executive action in the matter of making appointments to public offices against the relevant statutory provisions. it also protects a citizen from being deprived of public office to which he may have a right. it would thus be seen that if these ..... to vote at the election in which the councillor was elected, may file a petition before the state election commission, for decision. in order to attract the provisions under section 92 of the act, the elected councillor must become disqualified for any of the reasons mentioned in section 86 or section 91 of the act. ..... .13. there is yet another aspect of the matter. section 92 of the act deal with determination of subsequent disqualification of a councillor. the above statutory provision postulates that whenever a question arises as to whether a councillor had become disqualified under any of the stipulated clauses mentioned in the act after having been elected .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker20
..... to disobedience of the mandate of section 83(1)(a)'.the supreme court has consistently taken the view that an election petition can be and must be dismissed under the provisions of civil p.c. if the mandatory requirements enjoined by section 83 to incorporate the material facts and particulars relating to alleged corrupt practice are not complied with. ..... by virtue of section 87 of the act the provisions of the c.p.c. are made applicable for the trial of an election petition. under order vi rule 16 the court is empowered at any stage of the ..... not mentioned in the petition. the petition is not in accordance with section 83 of the act. the failure to produce a proper affidavit also is violation of the provisions of the act. under the above circumstances, the allegations in the petition are liable to be struck out under order vi rule 16 of the cpc. therefore, i .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT391
..... the other matters of statutory construction the decision of this question depends on the ascertainment of the legislature's intention. was it the legislature's intention in making the provision that the failure to comply with it shall have the consequence of making what is done invalid in law. that is the question to be answered. to ascertain ..... was not served on all the members and so the meeting was not properly held. rejecting the contention, apex court held as follows:the question then is: is the provision of three clear days' notice mandatory, i.e., does the failure to give such notice make the proceedings of the meeting and the resolution passed there invalid. the ..... of meeting or any other consequence for the non-conformity to the said rule of notice. under such circumstance the learned single judge took the view that the provisions in the last sentence of rule 43a((ii) providing for 15 clear days notice is only directory and not mandatory.4. the object and purpose of issuing notice .....
Tag this Judgment!Court : Kerala
Reported in : (2003)ILLJ608Ker
..... statutorily imposed conditions of service and are binding both upon the employer and employees, though they do not amount to 'statutory provisions'. any violation of these standing orders entitles an employee to appropriate relief either before the forums created by the i.d. ..... act or the civil court where recourse to civil court is open. principle no. 7 says that the policy of law emerging from i.d. act is to provide an alternative dispute resolution mechanism to the workmen. from the above, it could ..... the plaintiff was on e.s.i, leave, he received a communication dated september 22, 1999 to the effect that the company has decided to promote him to the post of junior officer (administration). according to the respondent, the actual intention of the ..... such a situation, we are of the view that the party can approach the civil court.15. in assistant personnel officer, southern railway, olavakkot v. k.t. antony, 1978-ii-llj-254, the question arose whether a person, whose service, was terminated, .....
Tag this Judgment!Court : Kerala
Reported in : [1980]124ITR899(Ker)
..... either clause (ii) or clause (iii).'4. under schedule ii, rule 1, clauses (ii) and (iii) of the companies (profits) surtax act, 1964, it is provided :'1. subject to the other provisions contained in this schedule, the capital of a company shall be the aggregate of the amounts as on the first day of the previous year relevant to the assessment ..... , namely, february 17, 1967, in respect of 1965-66 and 1966-67, and february 14, 1968, in respect of 1967-68, we see no ground for applying the provisions of the circular dated january 11, 1971, to the assessment. reassessment is with effect from the date of the original assessment. in that sense, therefore, there is no scope ..... it were made in the relevant assessment year--vide lakshminarain bhadani v. cit : [1951]20itr594(sc) . it is further observed that the assessment must be based on the provisions of the act as it stood in the year in which the income ought to have been assessed--vide krishna hydraulic press ltd. v. cit : [1943]11itr504(cal) and .....
Tag this Judgment!Court : Kerala
Reported in : AIR2006Ker165
..... all dues that may become payable by the guarantor under in relation to or by virtue of the agreement by reason or breach or otherwise are recoverable under the provisions of the revenue recovery act for the time being in force as if they are arrears of public revenue due on land or in such other manner as the ..... board may deem fit.we have perused the minimum guarantee agreement dated 13-2-1989. agreement was executed by krishna pillai for a private limited company in the capacity of managing director and not in his personal capacity. there is nothing to show that in the minimum guarantee agreement, krishna pillai had given any personal ..... revenue recovery proceedings which led wife of krishna pillai filing o.p. no. 18624 of 1999. contention was raised that husband had ceased to be director of the company from 14-1-1991 and the amount sought to be recovered is for the period from september 1992 to june 1998.5. the board filed detailed counter affidavit stating that .....
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