Court : Supreme Court of India
Reported in : AIR2002SC973; [2002(2)JCR66(SC)]; JT2002(1)SC457; 2002(1)KLT658(SC); 2002(1)SCALE552; (2002)2SCC459; [2002]1SCR775
..... damage due to natural calamities or other unexpected causes;(f) to provide old age assistance to fishermen;(g) for the implementation of any other purpose specified in the scheme,"sub-section (5) says that every fisherman who is a member of a fishermen's welfare society constituted under section 4 of the kerala fishermen welfare societies act, 1980 (7 of 1981) shall be a member of the fund and sub-section (6) says that the scheme framed under sub-section (1) may provide for all or any of the matters specified in sub-section (4) and in the schedule.section 4 of the act contains the list of contributors to the fund. ..... syed shah mohammed quadri, j.this appeal arises from the judgment and order of a division bench of the high court of kerala at ernakulam upholding the constitutional validity of section 4(2) read with section 2(d) of the kerala fishermen's welfare fund act, 1985 (act 30 of 1985) (as amended by act 15 of 1987) (for short, 'the act') in o.p.no.19806 of 1995 and the batch by the common judgment dated august 22/23, 1996.on september 25, 1997 when this appeal came up for hearing before a bench of two learned judges of this court, it was noticed that a bench of three learned judges of this .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker360
..... section 4 of the kerala fishermen's welfare societies act provides for constitution of fishermen's welfare societies having perpetual succession and common seal and every fisherman who permanently resides in the fisheries village or carries on fishing operations from or within the fisheries village and who has attained 18 years of age shall be deemed to be a member of the society. ..... under sub-section (5) of section 3, every fisherman who is a member of a fishermen's welfare society constituted under section 4 of the kerala fishermen welfare societies act shall be a member of the fund. ..... union of india, air 1980 sc 1789 by the following observations:'section 4 of the constitution 42nd amendment act is beyond the amending power of the parliament and is void since it damages the basic or essential features of the constitution and detroys its basic structure by a total exclusion of challenge to any law on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19 of the constitution, if the law is for giving effect to the policy of the state towards securing all or any of the principles laid down in pan iv of theconstitution. ..... giri.raj kishori air 1986 sc 726, k. p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2228; [1991(61)FLR696]; JT1990(4)SC27; 1990(2)KLT673(SC); 1990LabIC1918; (1991)IILLJ65SC; (1991)1SCC28; [1990]Supp1SCR562
..... that section reads as follows:amendment of act 19 of 1970-with effect from the date of publication of this act in the gazette, the kerala public service commission (additional functions as respects certain corporations and companies) act, 1970 (19 of 1970) shall have effect subject to the following amendment, namely:in clause (a) of section 2, the words and figures 'or the kerala water authority' established under section 3 of the kerala water supply and sewerage act 1986;', shall be added at the end.even though act 19 of 1970 stood so amended by the force of section 69, actual effect could be given after issuance of notification no. g.o. (ms) no. ..... . this part, therefore, mandates that the state shall strive to promote the welfare of the people by minimising the inequalities in income and eliminating inequalities in status, facilities and opportunities; by directing its policy towards securing, amongst others, the distribution of the material resources of the community to subserve the common good; by so operating the economic system as not to result in concentration of wealth; and by making effective provision for securing the right to work as also to public assistance in cases of unemployment, albeit within the limits of its economic capacities ..... . therefore, whenever the state is required to make laws it must do so consistently with these principles with a view to securing social and economic freedom so essential for the establishment of an egalitarian society .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR692; 2008(1)BomCR695; 2007(6)MhLj890
..... therein after considering the provisions of the karnataka co-operative societies act, 1959 as well as the kerala co-operative societies act, 1969 the supreme court reiterated the position that the administrator or the committee of management appointed (by the registrar) to administer the society while the regular managing committee is under suspension does not have the power to enrol new members. ..... enrolment of new members would involve the alteration or the composition of the society itself and such a power should be exercised by an elected committee rather than by an administrator or a committee appointed by the registrar while the regular management committee is under suspension.section 32(4) of the kerala co-operative societies act, 1969 is pari-materia with section 78(2) of the maharashtra co-operative societies act, 1960. ..... though initially the writ petition was filed for some limited purposes, the petition has been amended to challenge the action of the administrator declaring that 27 members had ceased to be the members of the respondent no. .....
Tag this Judgment!Court : Kerala
Reported in : (1993)IILLJ11Ker
..... it is provided under sub-section (5) of section 3 that every fisherman who is a member of a fisherman's welfare society constituted under section 4 of the kerala fishermen welfare societies act, 1980 ( 7 of 1981) shall be a member of the fund.10. ..... section 2 (g) of the act defines the word fisherman to mean a fisherman as defined in clause (e) of section 2 of the kerala fishermen welfare societies act, 1980 (7 of 1981). ..... section 3 of the act gives power to the government to frame a scheme to be called the kerala fishermen's welfare fund scheme, for the establishment of a fund under the act by name the kerala fishermen's welfare fund for the welfare of fishermen and section 3 further provides that the fund shall be credited with the contributions specified in section 4, the 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, any voluntary donations, any penalty levied under the provisions of the kerala marine fishing regulation act, 1980, and any amount raised by the board ..... transportation agency santa clara county, california (1987), as a constituent of the 14th amendment of the american constitution, the counter part of article 14 of our constitution. ..... city of cleveland (1986), johnson v. ..... (1986), united states v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT433
..... . co-operative societies (amendment) act, 1985, for the first time, the term of office of the committee was statutorily fixed as three years ..... . co-operative societies (amendment) act, 1989 was passed and the period of three years was enhanced to five years ..... statute creditably and has otherwise been contributing its mite for the progress and welfare of the co-operative society and if the court feels that in a given set of circumstances such a committee can be the proper person to be entrusted with the management of the affairs of the society, then there is no bar of jurisdiction for any court to give a direction to that effect, because what is sought to be prohibited is the appointment or continuance of the committee merely on the ground that such committee had earlier held office which means that if a committee ..... . we have the authority of the suprme court in re kerala education bill 1957, air 1958 sc 586 in support of this proposition ..... . percentage of recovery of loans for 1980-81 was 65.90, for 1981-82 - 61.21, for 1982-83 - 57.23, for 1983-84 - 63.35, for 1984-85 - 54.41, for 1985-86 - 42.28, and for 1986-87 - 63.20 .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... state of kerala, : [1970]3scr383 , where the court was considering a challenge under article 14 to the provisions of the kerala plantations (additional tax) act (17 of 1960) as amended by the kerala plantations (additional tax) amendment act (19 to 1967), mr. ..... section 6a was a new provision inserted by the amending act with retrospective effect that all unpaid accumulations would be deemed to be abandoned property and that payment of such accumulations to the welfare board in accordance with the provisions of section 3 shall discharge an employee of the liability to make payment to any employer in respect thereof. ..... for a category of assessees, we do not think that we should be justified in treating this impugned provision as violative of article 14 of the constitution since in our opinion there is a fair reason for granting this preferential treatment to the special categories of assesses who are required under the special law to get their accounts audited as for example, co-operative societies under the relevant co-operative societies act since otherwise these welfare agencies would be subjected to the burden of audit twice over - one being commercial audit and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... the government of kerala discontinued the levy of surcharge with effect from that date by issuing an ordinance called the kerala electricity duty (amendment) ordinance, 1988 which later on became the kerala electricity surcharge (levy and collection) act ..... selection committees and other selection committees constituted by the government.the legislation will prevent further deterioration of finances of the state and at the same time conserve the resources for the welfare and developmental activities.as the legislative assembly was not then in session having been prorogued and as it was decided to give effect to the above decision immediately the andhra pradesh (regulation of appointments to public ..... the definition 'public service' to note the ambit and scope of the applicability of the provisions of act.section 2 (vi) 'public service' means, services in any office or establishment of,--(a) the government;(b) a local authority;(c) a corporation or undertaking wholly owned or controlled by the state government;(d) a body established under any law made by the legislature of the state whether incorporated or not, including a university; and(e) any other body established by the state government or by a society registered under any law relating to the registration of societies for the ..... the kerala high court declared the 1984 order to be ultra vires the kerala essential articles control act, 1986, and directed refund of the amount collected thereunder and the judgment was confirmed by the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi267b; ILR1997Delhi22
..... out the provisions of the amendment act 44 of 1991 to the extent they are relevant, objects and reasons of the principal act and the amendment acts of 1986 and 1991 for the better understanding of the matter ..... the product for industrial uses, to stop removing carcasses from 'k' ward of the corporation, subsequently the corporation also published a notification inviting the attention of the public at large to the provisions of section 385 and other related provisions of the act and warned the persons converned that violations of the provisions was liable to result in the grant of a contract for the removal and disposal of carcasses under section 185 of the act in respect of the said ward and other wards to harijan workmen's co-operative labour society ..... these unanimous decisions of five constitutional benches uniformly emphasised after a careful consideration of the problem involved that the state has the power to prohibit trades which are injurious to the health and welfare of the public is inherent in the nature of liquor business, that no person has an absolute right to deal in liquor and that all forms of dealings in liquor have, from their inherent nature, been treated as a class ..... kerala, : [1982]1scr519 , the supreme court was dealing with sections 12a, (2b, 14e and 14f, 68a of abkari act, 1967 and rules 13 & 16 of kerala ..... while declaring any part of territorial waters as a sanctuary due precaution shall be taken to safeguard the occupational interests of local fishermen. 6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349
..... the definition of 'appropriate government', it may be pointed out that clause (a) of section 2(1) was substituted by the contract labour (regulation and abolition) amendment act, 1986 with effect from january 28, 1986 ..... the question from the point of view of statutory liability of the appellant to run the canteen in the factory and having construed the language employed in the definitions of 'employee' and 'employer' in sub-sections (13) and (14), respectively of section 3 of the act, and the definition of 'worker' contained in section 2(i) of the factories act and having referred to the basti sugar mill's case (supra), held that even though in pursuance of a statutory liability the appellant was to run the canteen in the factory, it was run by the co-operative society as such the workers in the canteen (the respondents) would be the employees of the ..... union of india : (1995)iillj712sc , a two-judge bench of this court on the basis of findings contained in the report of the labour commissioner that there, was no evidence that the labourers were the, employees of the society (contractor) and that they were contract labourers provided by the society under the agreement, treated them as labourers of the northern railway as they had employed 240 days of continuous service in year, some from 1972, ..... the directive principle of state policy incorporated in article 38 mandates the state to secure a social order for promotion of welfare of the people and to establish an egalitarian society .....
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