Court : Kerala
Reported in : AIR1984Ker170
..... appearing for the respondents put up a strong defence of the judgment under appeal. arguments were also presented by the government pleader who appeared for the state. the corporation of trivandrum and calicut on whom notice had been served as directed in the aforesaid order, however, chose to assist the court only by their ..... within the precincts of public offf-ces, hospitals, and even in close proximity to the police stations. employees of the local authorities. councillors of the corporation/municipalities, and officials (of the police, revenue and other departments) pass and repass along the roads unconcernedly watching the erection and expansion of the encroaching ..... space between the houses to 3 feet. it was stated that the roof of the new construction would protrude into the plaintiff's house. the cause of action was founded, on rule 30 of the kerala municipal corporation building rules framed under the kerala municipal corporation act, 1961 (hereinafter referred to as the 'act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker373
..... meaning must be tempered by a wise limitation. it must not be lost sight of that in the modern concept of welfare state, independent institution, corporation and agency are generally subject to state control.18. in tekraj v. union of india, air 1988 sc 469 the supreme court held that the institute registered under ..... . some of the important provisions which were pressed into service for the purpose ofshowing that there is a deep pervaisve controlby the state are -- article 6 where a governmentowned corporation is also eligible to applyfor membership of the exchange, article 106which provides for the nomination of one ormore persons not exceeding three ..... of securities contracts (regulation) act, 1956 and rules framed thereunder. article 6 dealing with eligibility for membership provides for the admission of corporations owned by the government. article 8 states that a person is eligible to be elected as a member only if he satisfied the requirement of securities contracts (regulation) act, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker218; [1970]26STC45(Ker)
..... they may also serve a useful purpose in the process of deciding whether an enactment which works some interference with trade, commerce, and intercourse among the states is, nevertheless, untouched by section 92 as being essentially regulatory in character. but where, as here, no question of regulatory legislation can fairly be ..... they may also serve useful purpose in the process of deciding whether an enactment which works some interference with trade, commerce and intercourse among the states is nevertheless untouched by section 92 as being essentially regulatory in character.' these observations would indicate that the test of pith and substance is generally ..... v. bank of new south wales, 1950 ac 235 with the following observations:'with this statement which both repeats the general proposition and precisely states that simple prohibition is not regulation, their lordships agree'earlier, their lordships observed:'through all the subsequent cases in which section 92 has been discussed .....
Tag this Judgment!Court : Kerala
Reported in : AIR1973Ker69
..... or bearer, whereby a person obliges himself to pay money to another and(iii) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another;' 19. the instrument here in question does not fall within clause (1) of the definition which requires first an undertaking by one person to pay ..... have moved us under article 226 of the constitution well within the conventional period of three months.26. it is however, contended on the strength of the decisions in state of madhya pradesh v. bhailal bhai, air 1964 sc 1006 and tilokchand motichand v. h. b. munshi, air 1970 sc 898 that, under no circumstances, should ..... decided by not less than three judges of the high court, and in case of difference, the opinion of the majority shall prevail.''57, procedure in disposing of case stated:-- (1) the high court. upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on .....
Tag this Judgment!Court : Kerala
Reported in : 2006(2)KLT467
..... fourth) amendment act, 1992.6. chapter iii of the kerala municipalities act deals with constitution of municipal authorities. section 5 states that every municipality shall be a body corporate by the name of the municipality specified in the notification issued under section 4 and shall have perpetual succession and a common seal ..... .the third schedule(see section 143(1))form of oath or affirmationi...having been elected councillor/mayor/deputy mayor/chairman/ vice chairman of.......municipal corporation/.......... municipal council/......................town panchay at do swear in the name of god/solemnly affirm that i will bear true faith and allegiance and maintain ..... in writ appeal no. 2408 of 005.5. the kerala municipality act, 1994 was enacted to replace the enactments relating to municipalities and municipal corporations then in force by a comprehensive enactment in line with the constitution (seventy fourth) amendment act 1992 for securing greater measure of participation of the .....
Tag this Judgment!Court : Kerala
Reported in : (2004)190CTR(Ker)281; [2004]270ITR452(Ker)
..... owned by the government of kerala, namely, kerala small scale industries ltd., were amalgamated and the assessee-company, kerala state small industrial development and employment corporation ltd., was formed taking over the assets and liabilities of the predecessor company. it is the contention of the assessee ..... the company.35. to receive grants, loans, advances or other moneys or deposits or otherwise from state or central government, banks, companies, trusts, individuals, financial institutions, corporations or co-operative societies with or without an allowance of interest thereon so however that this company ..... corporation ltd., in accordance with the companies act, 1956.2. to aid, counsel, finance, protect and promote the interests of small industries in the state, stabilise (established) and run by industrial undertakings, projects or enterprise whether owned or run by government, statutory body, company, co-operative society, firm or individuals by providing them with capital, credit .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT362
..... . still further, he had been granted permission to privately appear for the m.b.a. programme being conducted by the university of poona. he was promoted as a corporal. on november 18, 1993 he was coming back on his cycle from his place of work to the barrack. he was knocked down by a truck on the bombay ..... suffered a nervous break down inmarch 1974 while he was posted in a peace area. he was admitted to the militaryhospital, jalandhar on march 20, 1974 due to 'anxiety state with schizoid features'.he was discharged from the hospital on july 30, 1974. thereafter, he was frequentlyadmitted to the hospital for treatment of mental illness. finally, he was ..... military service, and(ii) that the disease has been caused by the conditions of employment in military service. (b) if medical authority holds, for reasons to be stated that the disease although present at the time of enrolment could not have been detected on medical examination prior to acceptance for service, the disease, will not be deemed .....
Tag this Judgment!Court : Kerala
Reported in : AIR2009Ker143
..... or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.the section contains two parts, the former part dealing with lease for agricultural or manufacturing purposes which shall be deemed to be from year to year terminable by six months' notice and the latter part dealing with lease for other purposes which ..... is the duration of that lease and how is it to be terminated? section 106(1) of the act states:in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of ..... such commencement.(underline supplied)objects and reasons for amendment to section 106 of the act are stated in the bill. it is as follows:section 106 of the transfer of property act, 1882, inter alia, provides that the lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, which may .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker55
..... section 108(e) of the transfer of property act and applies to leases of land to which the transfer of property act applies, and the principle thereof to agricultural leases and to leases in areas where the transfer of property act is not extended. where the property leased is not destroyed or substantially and permanently unfit the ..... component part. that, if we may say so, inheres in the concept or the ordinary meaning of the expression 'building'.a somewhat similar point arose for consideration in corporation of the city of victoria v. bishop of vancouver island, air 1921 pc 240 with reference to the meaning of the word 'building' occurring in section 197(1 ..... tenancy on the total destruction of the subject matter of the tenancy has been stated in woodfall's 'laws of landlord and tenant' 28th edition, vol. i in paragraph 2056 at page 928 as follows :'..... a demise must have a subject-matter, either corporeal or incorporeal. if the subject-matter is destroyed entirely, it is submitted that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker145
..... cannot be exercised by it. i dp not see much force in this contention either. the bombay high court in p. p. studio v. e. section i. corporation. air 1970 bom 413 seems to have held that the employees' insurance court is not a court for purposes of the limitation act. the question as to what constitutes a ..... the happening of one or other of the events specified in the statute. thus a tenant's general right to compensation for disturbance would not survive the repeal of the agricultural holdings act. 1908: if it were to do so, the 'repealing' would in fact be ineffective. ............ the act of 1861 was repealed by the crown lands act ..... tenant had not taken specific objection to eviction, basing on the notification which had conferred the right on government servants against being evicted under rent control proceedings . except stating in a loose sense that he is a government servant with a large family to support, no specific plea was raised on the strength of the notification. in the .....
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