Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kerala Page 1 of about 4,038 results (0.044 seconds)

Beena Kaniyankunnel, Arunagapally and Another Vs. Kerala State Electio ...

Court : Kerala

..... receive nomination as directed in ext.p4 is ultra vires to the powers of the 2nd respondent and violative of the statutory provisions contained in the kerala panchayat raj act and rules framed thereunder; illegal, void and unenforceable; (ii) declare that since within the time limit prescribed for receipt of nomination there were only 3 candidates for ..... officer to extend the last date or time for submission of nominations for election to standing committees of panchayats, when once an election notification is issued, such a power cannot be read into the act or in the rules so as to confer such powers on the election commission or to the concerned returning officer even by applying the doctrine of implied power as it is not a ..... omitted coupled with the fact that even after providing a specific provision empowering the election commission to effect such alteration even after issuance of a notification under rule 49 as per section 143 of the act in respect of general elections to panchayats or for filling up a seat in a constituency such a power has not been expressly provided in relation to the election to the standing committees i am persuaded ..... rules, the guidance, supervision and control of election to the standing committees vest with the kerala state election commission in terms of section 162(4a) of the act and rule 5(2) of the rules and section 162(4a) empowers the commission to designate or nominate thereto an officer of the local self government institution as returning .....

Sasidhara Shenoy and Bros. Vs. Deputy Commissioner of Income Tax and a ...

Court : Kerala

Reported in : (1999)157CTR(Ker)440

..... the question is whether on the basis of the full bench decision can the tribunal compel to change its judgment under section 260(1) of the income tax act, which is stated thus'the high court or the supreme court upon hearing any such case shall decide the. ..... tehri garliwal state (1934) 2 itr 1 that if the judgment expounds a wrong construction of the act, an appeal against it is open, and there is no other procedure by which it can be corrected. ..... in this view of the matter, we hold that the order passed by the tribunal on 19th may, 1997, under section 260(1) of the income tax act, does not suffer from any mistake apparent on record warranting rectification.'4. ..... 256 does not act as a civil court so as to attract the provisions of the cpc' vide jose t mooken v. ..... pursuant to the answer given by this court, the second respondent gave effect to it under section 260 of the income tax act by order dt. ..... accordingly, a reference was made to this court under section 256 of the indian income tax act. .....

Baisil Attipetty @ Basil a.G. Vs. Union of India

Court : Kerala

..... 4150 of 2015 (r) --------------------------- appendix petitioner(s)' exhibits ----------------------- exhibit-p1: true copy of the notification of the central government (ministry of environment and forest) appeared in the gazette of india notifying the ngt act. .....

Thomas Antony Rep.by Mary Abraham Vs. Oriental Bank of Commerce and Ot ...

Court : Kerala

..... exhibit p6 : true copy of the letter dated1511.2007 issued by the hon'ble taluk land board kanjirappally to the first respondent. ..... exhibit p2 : true copy of the op (mh) 146/10 under the mental health act before the hon'ble district court, kottayam. .....

Adv.T.P.Dayananthan Vs. State of Kerala

Court : Kerala

..... according to learned counsel for appellant, section 16(5) of tamil nadu advocates welfare fund act and section 15(1a) of kerala advocates welfare fund act stand on similar situation, therefore, decision of the high court of judicature, madras ..... said provision is entirely different from present section 16(5) of tamil nadu advocate welfare fund act, which reads as under: wa.242/14 2 "16(5) where a member of the fund dies, his nominee or legal heir, as the case may be, shall be paid an ..... the challenge before learned single judge is section 15(1a) of kerala advocates welfare fund act, wherein a restriction is brought for an advocate who was previously under service of central or state government or any public or private sector undertaking to get admission as ..... 242 of 2014 () in wp(c).33683/2007 ------------------------------------------- against the order/judgment in wp(c) 33683/2007 of high court of kerala dated2509-2013 appellant(s)/petitioner: ------------------------ adv.t.p.dayananthan padmasree ..... under tamil nadu advocates welfare fund act, members were allowed to get admitted to welfare fund and the high court opined that after making contribution for several years, such advocates cannot be denied ..... section 15(1a) of kerala advocates welfare fund act reads as under: "15(1a) an advocate who is eligible for or availed of any kind of retirement benefits for the service under the central or state government or any public or private sector undertaking, shall not be admitted as a .....

Nair Mohan Sivaram Vs. State of Kerala

Court : Kerala

..... manner and hit against a scooter came from the opposite direction driven by the deceased with pw5 as pillion rider of the scooter succumbed to the injuries while pw5 sustained grievous injuries on account of the negligent act of the revision petitioner and thereby he had committed the offences under sections 279, 337, 338 and 304 a of the indian penal code. ..... crl.r.p.no.1178 of 2005 4 mere speed alone is not sufficient and the evidence of pws 3, 4 and 5 is not sufficient to attract none of the offences alleged and at the most it may amount to error of judgment and not reckless act and thereby the courts below were not justified in convicting the revision petitioner for the offences alleged. ..... the jeep driver is expected to keep a safe distance from the ongoing vehicle and if this act had followed, the accident would have been averted by him.11. .....

E.P.Ramanan Vs. State of Kerala

Court : Kerala

..... may give their reply in detail within three months from today to the scrutiny committee and scrutiny committee may issue notice, take evidence and give a op(kat) 120/14 9 finding in accordance with the provisions in act no.11 of 1996 as well as in consonance with the principles of natural justice. ..... om raj ((2007) 14 scc488. ..... it was further observed by the court that case of the petitioner shall be dealt with as per the provisions of the kerala (scheduled castes and scheduled tribes) regulation of issue of community op(kat) 120/14 3 certificates act, 1996 (act 11 of 1996). ..... ashok bhushan, acting chief justice a.m.shaffique, judge tkv .....

Sunil Kumar.S Vs. The Assistant Registrar of Co-Operative Societies

Court : Kerala

..... in the writ petition, the learned counsel would contend that the petitioner is eminently entitled to interest on the delayed payment of gratuity, in terms of section 7 of the payment of gratuity act, 1972 ('the act' for brevity), and also the definitive judicial pronouncement of the hon'ble supreme court in h. ..... (supra), the hon'ble supreme court has gone on to observe further that there is a clear mandate in the provi- sions of section 7 of the act to the employer to pay gratuity within time and to pay, otherwise, interest on the delayed payment of gratuity. ..... (supra) as well as the statutory mandate under section 7(3a) of the payment of gratuity act, 1972, this court declares that the petitioner is entitled to interest.18. ..... , it is on the acceptance of the position that there was a lacuna in the law that act 22 of 1987 brought about the incorporation of sub-section 3(a) in sec- tion 7. ..... has observed that earlier there was no provision in the act for payment of interest on the delayed payment of ..... as can be seen, section 7 (3a) of the payment of gratuity act entails the beneficiary to have simple interest at the rate not exceeding the rate notified by the central government from time to time for repayment of long- ..... as it may, the statutory mandate of section 7 of the act is quite explicit, admitting of no ambiguity. ..... also provision to recover the amount of gratuity with compound interest in case amount of gratuity payable was not paid by the employer in terms of section 8 of the act. .....

Denny Varghese Vs. State of Kerala

Court : Kerala

..... on going through the evidence of pws 1, 2, 4 and 7, this court also feels that, the involvement of the present petitioner has been made out and the overt act alleged against him and the role played by him and the allegation of the motive against him are also shows that, prima face there is a possibility of conviction on the basis of evidence available.12. ..... p.no.1177 of 2014 12 had also stated about the presence of three accused persons including the present revision petitioner and he had also stated about the overt act alleged to have been committed by the accused persons, which he had seen at the time when he reached the place. ..... she had also stated about the overt act committed by all the accused persons including the present revision petitioner. ..... he had categorically stated in his evidence regarding the involvement of the present revision petitioner and motive for him to commit the offence and also the overt act committed by him. .....

K.N.Thankappan Vs. The Tribunal for Local Self Government Institutions

Court : Kerala

..... local law fixes a distinct period different from that in the schedule annexed to the limitation act, though the statutory succour provided in the provisions from sections 4 to 24 of the act can be taken aid of, there is an exclusion of those provisions to the extent expressly ..... essentially adopting the arguments of the learned counsel for the petitioners, has contended that section 3 of the act, read with section 29 (2) of the same act, makes it manifestly clear that neither section 5 nor section 14 of the said act has any manner of application to the proceedings before the learned tribunal, in view of rule 8 of the ..... pathummal, 1987 (2) klt578 a learned division bench of this court has held that the cardinal policy of section 14 of the limitation act is to furnish protection against the bar of limitation to a person who honestly and diligently solicits a trial on merits in a forum ..... local self-government institutions, a statutory adjudicatory body, can condone the delay in the presentation of appeal either in terms of section 5 or section 14 of the limitation act, especially in the face of the limitation imposed in rule 8 of the tribunal for the kerala local self-government institutions rules? ii. ..... in our view, even in a case where the special law does not exclude the provisions of section 4 to 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject .....