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Kerala Motor Transport Workers Welfare Fund Board Vs. William Raynold

Court : Kerala

Reported in : 2004(3)KLT1083

..... kerala motor transport workers' welfare fund board ((2002 (3) klt 377)) the learned single judge has held that the amount due from an employer in pursuance of the provisions of the kerala motor transport workers' welfare fund act, 1985 (for short 'the act') is not 'public revenue due on land' within the meaning of cl. ..... the revenue recovery act has been enacted by the state legislature to consolidate and amend the laws relating to the recovery of arrears of public revenue in the state of kerala. ..... due to the government on account of quit rent or revenue other than public revenue due on land:all moneys due from any person to the government which a written agreement executed by such person are recoverable as arrears of public revenue due on land or land revenue, and all specific pecuniary penalties to which such person renders himself liable under such agreement or contract;all sums declared by any other law for the time being in force to be recoverable as arrear of public revenue due ..... act which concern us read as under:'2 (a) 'arrear of public revenue due on land' means the whole or any portion of any kist or instalment of such revenue not paid on the day on which it falls due according to the kistbandy or any engagement or usage;xxx xxx xxx xxx2(j) 'public revenue due on land' means the land revenue charged on the land and includes all other taxes, fees and cesses on land, whether charged on land or not, and all cesses or other dues payable to the government on account .....

S.Sree Sabu Vs. Kerala State Housing Board

Court : Kerala

..... the petitioner was advised for appointment as accounts officer/section officer in the board by the kerala public service commission as per advice memo dated 14.9.1995. ..... as per rule 5 of the kerala state housing board regulations for special recruitment from among members of the scheduled castes and scheduled tribes to the posts of executive engineer, assistant executive engineer and accounts officer/senior superintendent in the establishment of the kerala state housing board, 1991, (hereinafter referred to as the "rules" w.p(c).no.8476 of 2012 -:3:- for short) every person appointed as accounts officer in the establishment of the board has to pass the account test (higher), kerala p.w.d. ..... test and the test on kerala state housing board act and rules conducted by the kerala public service commission, during the period of probation. ..... in paragraph 11 it is contended that as the petitioner did not pass the account test (higher), kerala pwd test and the test on kerala state housing board act and rules during the period of probation, the direction issued by the government cannot be said w.p(c).no.8476 of 2012 -:7:- to be illegal and unauthorised. ..... after ext.p5 representation was submitted, the writ petition was amended by incorporating additional facts and additional grounds. ..... after the writ petition was amended, respondents 1 and 2 filed an additional counter affidavit dated 17.1.2013 reiterating the contentions raised in the first counter affidavit. .....

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... learned senior counsel for the appellants strongly relied upon the statement of objects and reasons and the preamble of the amending act to reiterate that the state is enjoined with the duty to protect larger interest of the society when weaker sections are being exploited as objects of commerce and when there is issue of public order and morality involved.61. ..... krishna dalmia (supra), this court reiterated the principles which would help in testing the legislation on the touchstone of article 14 in the following words : (a) that a law may be constitutional even though it relates to a single individual if on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself (b) that there is always presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been ..... has come to be considered in several decisions and it has been held that it would comprise within its ambit interests like public health and morals (refer to state of maharashtra v himmatbhai narbheram rao (air 197.sc 1157), economic stability on consideration of a catena of decisions on the point, this court, in a case reported in 'imf ltd v inspector, kerala government (1998) 8 scc 22.has laid certain tests on the basis of which reasonableness of the restriction imposed on exercise of the right guaranteed under article 19 (1)(g) can be tested. ..... (2007) 2 scc 1 [30] .....

Anshul Aggarwal vs.union of India & Ors

Court : Delhi

..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....

Ritinath Shukla vs.union of India & Ors

Court : Delhi

..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....

Saurabh Singh & Ors vs.union of India & Ors

Court : Delhi

..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....

Salam Samarjeet Singh Vs. The High Court Of Manipur At Imphal

Court : Supreme Court of India

..... the principle of fairness in action requires that public authorities be held accountable for their representations, since the state has a profound impact on the lives of citizens. ..... in that case, the court held that the kerala high court erred in fixing the minimum cut-off contrary to rule 2(c)(iii) of kerala state higher judicial service special rules,1961 which provided that the aggregate of the written test and the viva voce would be taken into consideration for appointment. ..... (supra) , can have no application in the present facts as in that case, the rules were amended after the interview was over but in the present case, the requirement of minimum 40% in the interview segment was decided before the interview commenced. ..... good administration requires public authorities to act in a predicable manner and honour the promises made or practices established unless there is a good reason not to do so. ..... since citizens repose their trust in the state, the actions and policies of the state give rise to legitimate expectations that the state will adhere to its assurance or past practice by acting in a consistent, transparent, and predictable manner. ..... high court of p&h, (2024) 7 scc103 , the high court cannot act contrary to the rules [sivanandan page 15 of 26 c.t. v. .....

Hotel Indraprastha Vs. K.Somasekharan Nair

Court : Kerala

..... (2) before cancelling or amending a resolution or decision under sub-section (1), the government shall refer the matter for the consideration of the ombudsman constituted under section 271g of the "kerala panchayat raj act, 1994 (13 of 1994) or to the tribunal for the local self government institutions constituted under section 271s of the said act and the tribunal shall, after giving the municipality an opportunity of being heard, furnish a report to the government with its finding based on which the government may cancel, amend or approve that resolution or decision. ..... (i) whether the state government was not empowered to entertain the complaint submitted by the 20 councillors against the resolution dated 18.12.2013 on account of there being alternative remedy available under section 57(3) of the 1994 act? ..... government is empowered under the act to cancel or modify the resolution to keep the council under check so that they may not pass illegal resolutions or take decision in excess of the power conferred by the act and such decision may endanger to human life, health safety, communal harmony or public peace. ..... :- or any other law; or (c) is likely to endanger human life, health safety, communal harmony or public peace, or is likely to lead to a riot or quarrel; or (d) has violated the guidelines issued by the government in the matter of implementation of plans, schemes or programmes or the conditions of grants. .....

P.Y. Kamat and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1987KAR2942; [1988]68STC3(Kar)

..... it is pointed out by the learned counsel that the closure of accounts on 31st march, 1987 is made compulsory by the amending act and this would involve several consequential changes so far as the closing of accounts, preparation of balance sheet and the preparation of annual report to be placed before the annual general body meeting, etc. ..... one other argument in support of the contention of sri srinivasan is, that the amended definition of the 'year' is brought into effect from the 1st day of april, 1987, though the assent of the governor was received and publication was made on the 2nd april, 1987. ..... state of kerala), in which the provisions of article 25 came up for consideration. 48. ..... they are : the central territory of delhi, andhra pradesh, assam, bihar, goa, haryana, himachal pradesh, kerala, madhya pradesh, maharashtra, pondicherry, punjab, sikkim, tamil nadu and tripura. 58. ..... state of kerala : [1961]3scr77 . .....

Mahindra and Mahindra Limited and anr. Vs. State of Andhra Pradesh and ...

Court : Andhra Pradesh

Reported in : [1986]63STC274(AP)

..... further the second respondent is a government company and even the commercial activities carries on by the state by itself or by a corporation owned and controlled by it was given a separate status as per the constitutional first amendment act, 1951, amending clause (6) of article 19 of the constitution. ..... the light commercial vehicles manufactured by the second respondent-company has a special technology and a different trade name and they are not similar goods compared with that of the petitioner-company and hence the impugned notifications are well within their jurisdiction and that the second respondent-company falls under a separate class by itself being a company of the public sector and located in a centrally notified backward area and, in particular, taking into account its initial start of the ..... it is seen that article 304 is an exception to article 301 and hence it is ruled by the supreme court in state of kerala v. ..... state of kerala : [1975]1scr121 wherein it was observed that : 'the large dealer occupies a position of economic superiority by reason of his greater volume of business. ..... state of kerala : [1957]1scr837 wherein bhagwati, j. ..... state of kerala : [1975]1scr121 . .....