Court : Kerala
..... the court or before the arbitrator each party must have reasonable opportunity to present evidence. the apex court in union of india v. varma (t.r.) (1958 (11) l.l.j. 259) has said thus: "stating it broadly and without intending it to be exhaustive, it may be observed that rules of natural justice require that a ..... supplied) 8. perusing the revised edition of the defence services regulations 1987, and taking note of the preface thereunder issued by the secretary of the government of india, that the regulations are not statutory but are supplemented to the statutory provisions wherever they exist, we have requested the learned central government standing counsel to enlighten us ..... air 2003 sc 2629). the apex court dilating on the phrase has held thus: "the phrase 'public policy of india' used in section 34 in context is required to be given a wider meaning. it can be stated that the concept of public policy connotes some matter which concerns public good and the public interest. what is for .....
Tag this Judgment!Court : Kerala
..... the habitat of the concerned community etc. the aforestated guidelines and norms issued by the government of kerala would clearly indicate that the state government has fully regulated the procedure for grant of community certificate in compliance with the aforestated legal principles laid down by the apex ..... five approved hindu religious organisations as shown below indicating the re-conversion of the applicant to hinduism : a) akhila bharata ayyappa seva sangham. b) all india dayananda salvation mission (arya samaj kerala branch), thiruvananthapuram. c) kerala hindu mission, thiruvananthapuram. (d) sri.ramadasa mission universal society, sreeneelakandapuram,thiruvananthapuram-695581. ..... thiruvananthapuram pursuant to the aforestated interim orders passed by this court in this writ petition in the scheduled caste quota. it is also stated in the additional affidavit filed by the petitioner producing additional documents that there was some break in his studies. that although he completed .....
Tag this Judgment!Court : Kerala
..... to the legislative policy. ........37. a non obstante clause must be given effect to, to the extent the parliament intended and not beyond the same." 25. in central bank of india v. state of kerala (2009 (4) scc94 the apex court reiterated as follows;"03. a non obstante clause is generally incorporated in a statute to give overriding effect to a ..... the consequences of the agreement entered into by the petitioners on the plea of violation of the minority rights under art.30(1) of the constitution of india.42. in balan v. state of kerala and others (1981 klt242, this court held that, the provisions of rules 6 and 9 of chapter v of ker are mandatory in nature ..... which the non obstante clause is used. this rule of interpretation w.a.no.523/11 & con.cases -73- has been applied in several decisions.104. in state of west bengal v. union of india (air1963sc1241: (1964) 1 scr371 it was observed that: (air p. 1265, para 68)"8. the court must ascertain the intention of the legislature by directing .....
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..... neither a 'private company' nor a 'government company'. it is a 'public company'. the government have shares in it. the kerala state industrial development corporation limited and the life insurance corporation of india are also share-holders of the company. for such companies acquisition under the act can be resorted to for any of the purposes mentioned ..... .48 of 2013 & - 19 - 309 of 2013 the view of the high court that where the creditors of a sick industrial concern happen to be banks or state financial corporations different considerations would come into play. it must be realised that in the modern industrial environment large industries are generally financed by ..... note.14. now we come to the impugned decision. the high court was considerably influenced by the fact that the appellant-company owed crores of rupees to banks and felt that so far as such creditors are concerned, different considerations may come into play but the high court with respect failed to appreciate that the 1985 .....
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..... india, he would have been well employed as an aircraft technician. ext.a13 is the passport of p.w.1which is produced to prove that she was also in qatar and was staying with him for some time. it is stated that he was maintaining nre account no.11179 in indian overseas bank, pathanamthitta branch and account no.1809 in state bank ..... of travancore, pathanamthitta branch. ext.a15 is produced to show the transactions between 1.4.2000 to 5.9.2000 in indian overseas bank, pathanamthitta branch and ..... 's case {(2008) 13 scc198 has also been considered. they are: new india assurance company ltd. v. sitaram devidayal jaiswal & others (cdj2012bhc465, divisional manager, united india insurance company ltd. v. sharad and others (cdj2012bhc2335 and maharashtra state road transport corporation v. kusumbai and others (cdj2012bhc2342. in support of his contention .....
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..... higher qualification for the post of professor, director, joint director and assistant professor. this was a condition to avail financial assistance offered by union of india which the state has taken more than once. the wa2706/09 & con. cases 73 revised scheme reflects nothing but the prescription of norms as envisaged under section ..... an impermissible activity under the act. when guidelines are made for solving the issue of npa as reconstructing measure, it has to be considered as a banking policy and cannot be treated as "trading".44. other learned counsel for the respondents rely upon the following decisions. so far as adhiyaman educational & research ..... issue that came up for consideration before the apex court was whether the guidelines issued by the rbi dated 13.07.2005 as restructuring measure for solving issue of non performing accounts scheme (npas) is ultravires to banking regulation act. their lordships held that accepting deposits and lending by itself is not enough to .....
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..... payment is made by a cheque, it should be drawn only on the local bank of the place in which deposits are made. provident further that where there is no branch of the reserve bank or the state bank of india at the station where the factory or other establishment is situated, the employer shall pay ..... to the fund the amount mentioned above by means of reserve bank of india [government drafts at par] separately on account of contributions and ..... in the business of planting tea and rubber, delayed payment of contributions under the act because of the financial difficulties, which plagued the plantation industry in india, particularly in kerala, a decade or so ago. each regional provident fund commissioner (hereinafter referred to as the commissioner), having jurisdiction over the particular plantation .....
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..... a statement in the writ petition expressing his inability to satisfy the decrees for w.p.(c) no.33470/2014 4 want of allotment by the state government. the averment therein is to the following effect:- "necessary request have already been submitted to government and the requisitioning authorities for allotment of balance ..... chitambaresh, j.--------------------- w.p (c) no.33470 of 2014 --------------------- dated this the 9th day of march, 2015 judgment is this court precluded from directing the state government or the authority on whose behalf was the land acquired to deposit the amount of compensation even while the proceedings in execution of the award for compensation ..... petitioners without paying the compensation due to them in full infact infringes article 300a of the constitution of india. this court cannot be a mute spectator to the inaction on the part of the state government or the municipality in not depositing the requisite amounts to satisfy the decrees. mere direction to the .....
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..... in the case of motor vehicles in respect of which any reciprocal arrangement relating to taxation has been entered into between the government of kerala and any other state government, the levy of tax shall, notwithstanding anything contained in this act, be in accordance with the terms and conditions of such reciprocal arrangement: provided that ..... custody, pursuant to a seizure of the vehicles in connection with alleged illegal transportation of river sand in contravention of the provisions of the kerala river bank protection and regulation of removal of sand act. the demand notices are impugned in the respective writ petitions, where there is also a prayer for a ..... shoby k. francis, the learned counsel appearing on behalf of the writ petitioners as well as sri. sebastian champapilly, the learned government pleader appearing for the state government. we have also considered the statutory provisions as well as the judgments of the full bench.8. an analysis of the provisions of the act and .....
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..... appearing for respondents 1 and 2 and the learned government pleader appearing for the third respondent.3. the petitioner states that admissions to the bds course were regulated by ext.p1 regulations published by dental council of india. clause 5 of ext.p1, the procedure for selection to bds course, prescribed minimum of 50% marks for ..... . it also prescribed 50% marks in the competitive entrance examinations for admission to the course. it is stated that the said regulation was amended by the w.p.(c)no.122 of2015:2. : dental council of india by ext.p2 notification, dated 31st may 2012 where the clause 5 of ext.p1 was deleted and ..... the students. the candidates took admissions and the academic activities have progressed throughout india based on the rank list so prepared by the authorities who controlled the admissions in all the states of india accepting the qualifying cut off mark as 50%. in the state of kerala also, where there is a separate commission to conduct entrance examination .....
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