Court : Kerala
Reported in : (1989)76CTR(Ker)139; [1989]176ITR481(Ker)
..... ), do not lay down anything contrary to the view leaning in favour of the wider interpretation and permissibility of the artificial definition of the term 'income'. the decision in state bank of travancore v. cit : [1986]158itr102(sc) , contains a corollary observation. at page 788, the supreme court observed :'if real income arises, interpretation should not ..... king's ship.'40. the ill-effects of excessive indulgence in drink were attempted to be countered in an organised way, even before the sarvodaya leaders of india attempted that mission. the league of the cross in london did much for the purpose of spreading the principles of total abstinence, and it accomplished in england ..... wealth and the people's wealth. this matter had been noted in one of the early decisions of the madras high court in sivasubramanya v. secretary of state for india in council [ 1886] ilr 9 285.52. even when specific statutory provisions were made for preservation of large areas of private forests, timber used to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker253
..... right to carry on trade under article 19(1)(g).we may also refer to the decision of the supreme couit reported in joseph kuruvilla vellukunnel v. reserve bank of india, a i r 1962 s c 1371. hidayatullah j. speaking for the court, refers to the decision of the supreme court in air 1961 s c ..... from the chief engineer (electricity) and electrical inspector to government, to the petitioner, referring to the correspondence ending with ext. p. 10 and stating that the national tyre and rubber co. of india, ltd., kottayam, have presented a petition for decision under clause (1) of section 24 of the act. the petitioner is asked to arrange ..... complaints and resolutions of public bodies that they had received in the meanwhile. in paragraph 4 of the counter affidavit filed on behalf of the 1st respondent state, they have particularly referred to the fact that complaints were received from the kottayam municipality complaining that 'the town is suffering heavily due to inefficient disorderly disregarded .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ2368; 2008(1)KarLJ647; 2008(1)KLT1000
..... surrendered children for adoption in accordance with the guidelines notified under sub-section (3):provided that the children's homes and the institutions run by the state government or a voluntary organisation for children in need of care and protection, who are orphan, abandoned or surrendered, shall ensure that these children are ..... abused through institutional and non-institutional methods.(3) in keeping with the provisions of the various guidelines for adoption issued from time to time by the state government, the board shall be empowered to give children in adoption and carry out such investigation as are required for giving children in adoption in accordance ..... appropriate orders shall be passed under section 41(6) by the district courts of the state. i may hasten to observe that the district courts concerned must scrupulously comply that the direction in lakshmikant pandey v. union of india : [1984]2scr795 that such applications must be disposed of within a period of two months .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker360
..... the contribution prescribed in section 4, fee levied under the scheme, damages realised under section 21, grants or loans or advances made by the government of india or the state government, voluntary donations, penalty levied under the provisions of the kerala marine fishing regulation act, 1980, and any amount raised by the board from other ..... fixed at varying levels, and, therefore, the same cannot be considered arbitrary or violative of article 14 of the constitution of india. the classification of the boats in different categories is stated to be for the purpose of making them contribute on a reasonable basis. the country crafts are usually operated by sixteen fishermen ..... . further it is emphasised that theburden of proof that article 14 of the constitution is violated is heavily on the petitioner.he referred to the decision in bank of baroda'v. r. nagachaya devi (air 1989 sc 2105para 7). these.are well'settled principles and,therefore, a further judicial elucidation is notcalled for,15 .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ127
..... defeating the provision itself.10. the similar provision contained in rule 51a, chapter xiv-a, k.e.r. came up for consideration of this court in sr. annamma v. state and ors. 1991 (2) klj 868. repelling the contention, it was held as follows:5. the other fundamental ground which finds reflection in all the three impugned orders ..... wp(c) no. 12784/2004, on coming to know about the three vacancies which are to arise in the college, she also submitted ext.p6 representation. it is stated that without considering her claim, the management of the college issued notification dated 21-03-2004, ext.p13 referred to earlier, and thereupon she again filed ext.p9 representation ..... claiming the benefit of section 62(2)(b) of the mahatma gandhi university act, 1985, which provides preference in the matter of future appointment in the college.2. briefly stated facts of the cases are, the petitioner in wp(c) no. 12784/2004 was appointed as junior lecturer in chemistry by ext. p1 order dated 23-2-1983 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker389
..... hartal results in violence is denied. the party had filed a declaration and produced its memorandum of association, which has clearly stated that the body shall bear true faith and allegiance to the constitution of india as by law established, and to the principles of socialism, secularism and democracy and would uphold the soveriegnty, unity and ..... other group of people is bundh as defined in the judgment of this court in bharat kumar v. state of kerala, 1997 (2) ker lt 287 : (air 1997 ker 291), affirmed by the supreme court in communist party of india (marxist) v. bharat kumar, air 1998 sc 184, and to issue a writ of mandamus commanding ..... the petitioners therein under articles 19 and 21 of the constitutionand the directive principles of state policy and the constitutional duties contained in article 51a of the constitution of india and for the issue of a writ of mandamus directing the state of kerala and the director general of police to take appropriate measures necessary to give .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker213; [2000]101CompCas486(Ker)
..... principle is followed by this court in kunjukrishnan v. sankaran potti, 1971 kerlt 553.34. the punjab and haryana high court in a decision reported in state bank of india v. sonepat central co-op. bank ltd., air 1982 punj & har 427 has laid down that a person who claims priority by title paramount to the judgment-debtor cannot file objections under ..... s case (1971 ker lt 553) (supra).43. in view of the principle laid down in padmalav v. official liquidator, air 1971 orissa 75 and in state bank of india v. sonepat central co-op. bank ltd., air 1982 punj & har 427, one of the arguments of mr. sukumaran nair, seems to be that even if the interests of the appellant ..... and also held its own mortgage right. the only defect in respect of that sale, was that the second mortgagee bank was not impleaded as a party in o.p. 87/69. that proceeding was taken under the state financial corporations act wherein there was no provision to implead any one other than the original debtor. nevertheless, the result .....
Tag this Judgment!Court : Kerala
Reported in : 2009CriLJ30
..... undergo default sentence for mere inability to make payment and such a direction would offend the sublime idealism reflected in article 21 of the constitution of india. as stated earlier, it is not for me in this case to consider such question in any greater detail as the question does not arise specifically for consideration ..... of compensation and the consequent default sentence imposed is unjustified or unconstitutional even when it is tested in the wake of article 21 of the constitution of india. it would not be unreasonable now to conclude that the learned judge who in revision had imposed the modified sentence was conscious of the need to ..... procedure which expressly mandates that a default sentence can be imposed for default in payment of compensation. the question was considered by the supreme court in hari kishan & state of haryana v. sukhbir singh : 1989crilj116 (supra) and suganthi suresh v. jagdeeshan : 2002crilj1003 (supra) and it is now trite law beyond controversy that such a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1980Ker40
..... any of its provisions -- all this notwithstanding anything contained in any other law. the argument of learned counsel for the appellants is that the section in effect states that notwithstanding any general principle, all claims or questions under the act shall be tried exclusively by the courts mentioned in the section, e.g. the court ..... even for the purpose of finding out whether a prima facie case has been established.' (p. 575).we consider that the principle has been very widely and broadly stated in the above passage. we cannot accept the statement of the law as correct. unless the question actually 'arises' for consideration, there is no obligation under section ..... to be dealt with by the revenue or governmental authorities had to be stayed, it was on the combined operation of those provisions that the supreme court stated the position as noticed supra. the language of the provision construed was different,10. counsel for the appellant drew our attention to the recent decision of the .....
Tag this Judgment!Court : Kerala
Reported in : ILR2011(1)Ker434
..... any of the authorities since the act has provided a mechanism under section 5(4). it is for the committee to issue a notification after preparing the data bank. the information sheet on ramsar sites concerns with wetland itself, whereas we are confronted with the situation wherein the properties are alleged to be part of kole ..... can differ in such cases. evidently, no rules have been framed for exercise of the power under section 13. the rules prescribe the method for preparing data bank by the committee itself. it consists of three representatives of farmers, which evidences the fact that the local knowledge and their experience play a larger role in finalising ..... corpn. and others {(1976) 3 scc 160}, daljit singh jalal (dead) through lrs. v. union of india and others {(1997) 4 scc 62), moran mar baselios marthoma mathews ii v. state of kerala (2007 3 klt 349 sc), himmat singh v. state of haryana and others {(2006) 9 scc 256}, uttaranchal forest development corpn. and another v. jabar singh .....
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