Judgment Search Results Home > Cases Phrase: seaward artillery practice act 1949 Court: kerala Page 5 of about 180 results (0.044 seconds)

Shankara Rai Vs. Thimmanna Rai

Court : Kerala

..... aliyasanthana system of practice to a great extent came to be regulated by madras aliyasanthana act, 1949. ..... it appears that since partition was not easy before the commencement of act ix of 1949, the members of the family used to enter into family arrangement or maintenance arrangement ..... the trial court applying section 36(6) of the madras aliyasanthanam act, 1949 came to the conclusion that ext.b4 evidences partition in the family and therefore the suit is not maintainable ..... the madras aliyasanthana act, 1949, hereinafter referred to as act ix of 1949 provided for marriage, maintenance, guardianship intestate succession, family management of the kudumba and partition. 12 ..... among the various kavarus of the kutumba for their separate and absolute enjoyment there can be no difficulty in concluding that all the elements necessary for the application of sub-section (6) of section 36 of the madras aliyasanthana act of 1949 are present in the instant case. ..... the court below does not appear to have construed ext.b4 in the proper perspective and the finding of the court below that the document falls within the ambit of section 36(6) of act ix of 1949 cannot be sustained. ..... the application of act ix of 1949 was considered in the decision reported in jalaja v ..... as statutory intervention in the marumakkathayam law brought about some healthy changes in the marumakkathayam law, the same happened in the case of aliyasanthanam law also with the coming into force of the madras aliyasanthanam act of 1949. .....

Union of India (Uoi) and anr. Vs. E.K. Andrew

Court : Kerala

Reported in : [1999]95CompCas537(Ker)

..... the representation aforesaid, if any, the chairman or, as the case may be, director or chief executive officer or other officer or employee, shall not, with effect from the date of such order- (a) act as such chairman or director or chief executive officer or other officer or employee of the banking company ; (b) in any way, whether directly or indirectly, be concerned with, or take part in the management of, the banking company. ..... the argument that prevailed was that by entrusting the power to a government department, parliament must have intended that the department should act in its normal manner, and should therefore be able to take its decision without making public its papers and without having to conduct ..... corporation, air 1959 sc 308, wherein it has been held thus (page 327) :'the second objection is that while the act and the rules framed thereunder impose a duty on the state government to give a personal hearing, the procedure prescribed by the rules impose a duty on the secretary to ..... 18, 1982, the reserve bank of india issued a notice (exhibit p-1) to the petitioner under section 36aa(2) of the act to show cause why he should not be removed from the office of the chairman of the bank, within a period ..... chief justice hughes rejected the very essence of administrative practice by refusing to allow that 'one official may examine evidence, and another official who has not considered the evidence may ..... duke of norfolk [1949] 1 all er 109 (ca), which is approved by the supreme .....

Reserve Bank of India and ors. Vs. Paul Francis A. Ambookan and ors.

Court : Kerala

Reported in : [1990]69CompCas320(Ker)

..... provided in sub-section (7a) of section 45 which reads thus :'(7a) the sanction accorded by the central government under sub-section (7), whether before or after the commencement of section 21 of the banking laws (miscellaneous provisions) act, 1963, shall be conclusive evidence that all the requirements of this section relating to reconstruction, ok, as the case may be, amalgamation, have been complied with and a copy of the sanctioned scheme certified in writing by ..... by the central government, intimated their intention of not becoming employees of the transferee-bank, shall be entitled to the payment of such compensation, if any, under the provisions of the industrial disputes act, 1947, and such pension, gratuity, provident fund and other retirement benefits as may be ordinarily admissible under the rules of authorisation of the transferor-bank immediately before the close of business on 27th ..... (i) of section 45(5) which reads thus :'(i) the continuance of the services of all the employees of the banking company (excepting such of them as are not workmen within the meaning of the industrial disputes act, 1947, are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee-bank at the same remuneration and on the same terms and ..... a learned single judge of this court practically rejecting all their contentions, held that there was no discrimination, no ..... is no warrant either in law or in practice.33. .....

Palai Central Bank Ltd., (In Liquidation) Vs. Jacob P. Cherian and ors ...

Court : Kerala

Reported in : AIR1963Ker128; [1963]33CompCas144(Ker)

..... , the bank took the additional precaution of taking back the deposit receipt with an endorsement of discharge, thus acquiring a lien over that paper, and, for all practical purposes; preventing the depositor from dealing with the deposit or obtaining repayment, the production of the receipt being necessary for the purposes.the deposits were given as security for the ..... to a transfer of the deposit as art actionable claim to the bank for the purpose of securing the loan advanced by if as contemplated by sections 130 and 134 of the transfer of property act.even if the transaction did not amount to a transfer, there was a binding agreement between the bank and the depositor by which the depositor was not entitled to claim the deposit until he had ..... belongs to him and that the transferee is bound to make over this residue to the transferor, do not alter the position.under sub-section (1) of section 130 of the transfer of property act, the transfer is to be complete and effectual upon the execution of the instrument of transfer, and thereupon all the rights and remedies of the transferor vest in the transferee, whether notice of the ..... are debts payable on a contingency, the contingency being their release from the security arrangement, and are therefore admissible io proof under section 523 of the companies act, a just estimate of the value of the deposits, subject to the contingency of release from the security, would be only the dividends payable in respect of the deposits and not .....

P.G. Jose Vs. T.K. Madhu

Court : Kerala

Reported in : 1994CriLJ3025

..... whether the provisions of the madras vexatious litigation (prevention) act (8 of 1949) can be invoked against jose and whether if it cannot be so invoked, this court has inherent power to declare' jose as a vexatious litigant and prevent him from filing cases unless scrutinised by the advocate ..... a court must enjoy such powers in order to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process...the court also referred to the observations of ..... hidayatullah, (as he then was) observed in that case as follows:the next argument of the appellant before us is that this act is unconstitutional because it prevents some citizens from approaching the court and obtaining relief to which every one is entitled in a state ..... read in its entirety, the rule is concerned with practice and procedure reinforcing the power of the court to protect its own process against unwarranted usurpation of its time and resources and to avoid the loss caused to those who ..... section 86 of the judicature act, 1903 (cth), in paragraph (b), permitted the high court of australia to make rules :generally regulating all matters of practice and procedure in the high court.in exercise of that power, the high court of australia made rules in order 63, rule 6 as follows :order 63, rule 6(1): upon the application of a law officer, or the australin ..... that an order precluding the bringing of any further action by a person goes beyond practice and procedure. .....

Macki Fernandez Vs. State of Kerala and anr.

Court : Kerala

Reported in : (1961)IILLJ486Ker

..... an uncontrolled and unregulated power on the executive government which is capable of being exercised with discrimination and that one officer might be dealt with under the travancore public servants (inquiries) act, 1122 or kerala civil services (classification, control and appeal) rules, 1960, which are more advantageous to the 'officer, while in identical circumstances another officer might be dealt with ..... 1371 and 1417 of 1959, one of the grounds of attack made against, section 49a of the banking companies act, 1949 was that the power given to the central government to issue a notification enabling any other banking institution to accept from the public deposits of money withdrawals by cheque, was ..... and the learned government pleader on behalf of the respondent 1, state, it may be stated, that, in this judgment reference to the travancore public servants (inquiries) act, 1122 (act xi of 1122) will be made as the act; the kerala civil services (classification, control and appeal) rules, 1960, as services rules; and the kerala civil services (disciplinary proceedings tribunal) rules, i960, as ..... the grounds taken before the supreme court was that the inquiry conducted against the officer in question under the public servants (inquiries) act, 1950, was illegal and that the conduct of the public servant should have been inquired into only under rule 55 of the ..... one survey report should have been prepared when all the materials are available and he sets up another practice in para. .....

T.K. Padmakshi Vs. Ammalu Amma and Others

Court : Kerala

Reported in : 2012(3)KLJ356; 2012(3)ILR(Ker)852; 2012(4)KLT150

..... the passing of the decree, calcutta thika tenancy act, 1949 came to statute book. ..... considering the jurisdiction under section 20 of the kerala buildings (lease and rent control) act, the prime question that arises for our decision in view of the above discussion is whether there is any illegality, irregularity and impropriety in the impugned order under challenge in this ..... (cited supra) is aptly applicable to the facts of the present case as the overwhelming evidence shows that parties have gone to trial with full knowledge about the protection under second proviso to section 11(3) of the act and no prejudice was caused to the landlord in the absence of explicit positive pleadings. ..... since the kerala buildings (lease and rent control) act used only expression 'heir', the word heir has to be tested in accordance with personal law of the ..... but, on a wrong interpretation of section 1(2) of the culcutta thika tenancy act (amendment) the high court set aside the order of the munsiff court on the finding that section 28 is applicable and remanded back the case for fresh ..... learned counsel for the landlord submitted that there is no pleading explicitly claiming benefit under the second proviso to section 11 (3) of the act in the counter statement filed by the tenants. ..... hold therefore that the appellant is not precluded from raising before us the question that section 28 of the original thika tenancy act was not available to the tenants after the thika tenancy (amendment) act came into force". 9. .....

Commissioner of Income Tax Vs. South Indian Bank Ltd.

Court : Kerala

Reported in : (1999)153CTR(Ker)563

..... by way of remuneration for realising such interest on behalf of the assessee or in respect of any interest payable on money borrowed for the purpose of investment in the securities by the assessee except interest chargeable under this act which is payable without the taxable territories, not being interest on a loan issued for public subscription before the 1st day of april, 1938, unless in respect of interest which is so chargeable tax has been paid ..... in view of the provisions contained in the banking regulation act, 1949, the assessee is required to buy and sell securities to ..... set off of loss from one source against income from another source under the same head of income-save as otherwise provided in this act, where the net result for any assessment year in respect of any source falling under any head of income is a loss, the assessee shall be entitled to have the amount of such loss ..... . 10(2), whether it is admissible or not will depend on whether, having regard to accepted commercial practice and trading principles, it can be said to arise out of the carrying on of the business and ..... 8op(2)(a)(i) of the it act for the reason that the banking regulation act, 1949, had been made applicable to the assessee and the provisions of the regulation clearly indicated that the holding of securities, the realisation of those securities and the earning of interest ..... is useful to refer to a passage in kanga and palkhivala's the law and practice of income tax' eighth edition on s. 18, 21 at p .....

Paul Francis Ambukkaram and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1987)IILLJ150Ker

..... to which they are subjected during the course of investigation of their cases by the commission is not at all discriminatory because such drastic procedure has reasonable nexus with the obejct sought to be achieved by the act, and therefore such a classification is within the constitutional limitations.on a consideration of these two decisions, i am not in a position to hold that the classification of delinquent officers into those in whose cases ..... referred to the reserve bank whose decision thereon shall be final:notwithstanding anything contained in clause (i) where any of the employees of the banking company not being workmen within the meaning of the industrial disputes act, 1947, are specifically mentioned in the scheme under clause (i), or where any employees of the banking company have by notice in writing given to the banking company or, as the case may be, the ..... or any of the following matters, namely:(i) the continuance of the services of all the employees of the banking company (excepting such of them as not being workmen within the meaning of the industrial disputes act, 1947, are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee bank at the same remuneration and on the same terms and ..... now to the relevant statutory provisions: section 45 of the banking regulation act, 1949 enables the reserve bank of india to apply to the central government for suspension of business of a banking company .....

Planters Forum Vs. State of Kerala

Court : Kerala

..... (1) in relation to the malabar district referred to in sub-section(2) of section 5 of the state reorginasation act, 1956 (central act 37 of 1956)- (i) any land to which the madras preservation of private forests act, 1949 (madras act xxvii of 1949), applied immediately before the appointed day excluding- (a) lands which are gardens or nilams as defined in the kerala land reforms act, 1963 (1 of 1964): (b) lands which are used principally for the cultivation of tea, coffee, cocoa, ..... relating to legislative competence of the state legislature being interconnected are taken together: the grounds urged by the petitioners in support of their submissions that the state legislature lacks legislative competence to enact the 2003 act are as follows: "'...it is submitted that maintenance of ecological balance or conservation and protection of biodiversity is not coming under list ii and iii of schedule 7 and hence the state legislature has ..... and are therefore null and void; (ii) issue an appropriate writ, order or direction holding and declaring that the provisions of section 3 of the kerala forest (vesting and management of ecologically fragile lands) act, 2003 are unconstitutional, arbitrary and unjust and strike down that provision; (iii) in the alternative this hon'ble court may be pleaded to declare the provisions of article 14 of the constitution of india ..... inserted by the constitution (forty-fourth amendment) act, 1978 by practically re-inserting article 31(1) of the constitution. .....