Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Court: chennai Page 4 of about 5,240 results (0.147 seconds)

S. Ganapathi Vs. N. Kumaraswami

Court : Chennai

Reported in : AIR1975Mad383; (1975)2MLJ171

..... further dealing with section 18 (1) (b) of kerala act 2 of 1965, which is akin to section 23 of the tamil nadu act, the full bench observed-'the provisions of section 18 (1) (b) therefore show that the kerala buildings (lease and rent control) act, was meant to be a self-contained code in the matter of prescribing the periods of limitation and granting exemption therefrom. ..... do not think the principle enunciated in the above decision can be invoked in the present case to come to the conclusion that the principal subordinate judge appointed as appellate authority by virtue of the notification under the act, can be considered as a court, in the above decision, the notification dealt with conferred on the additional district magistrate all or any of the powers of the district magistrate under the code or any law for the time being in force as the provincial government may ..... with more or less identical provisions in the kerala buildings (lease and rent control) act (2 of 1965) a full bench of the kerala high court opined in fernandez v. ..... labour court, hubli : (1969)iillj651sc , the supreme court held that article 137 of the limitation act (xxxvi of 1963) cannot he invoked for an application under section 33-c(2) of the industrial disputes act of 1947, the supreme court observed-'the scope of the various articles in this division cannot be held to have been so enlarged as to include within them applications to bodies other than courts, such as a quasi-judicial tribunal, or even an .....

Madras Hotel Ashoka (Pvt.) Ltd. Vs. E.S.i.C.

Court : Chennai

Reported in : [1994(68)FLR208]; (1994)ILLJ495Mad; (1993)IIMLJ399

..... a division bench of the kerala high court has held that a mere look at section 85-b of the employees' state insurance act will show that even where the employer fails to pay the amounts due in respect of any contribution payable under the act, it is not obligatory on the corporation to levy or recover damages. ..... 179, the kerala high court has recapitulated the principles to govern the levy of damages under section 85-b of the act in these terms:'the imposition of damages is a matter for judicial exercise. ..... we need only indicate here that being in the nature of penalty the considerations that may weigh in the determination of the quantum will be different from the considerations that may weigh in the determination of the quantum of damages in the event of a breach of contract or the tortious conduct of a person.so the determination of quantum of damages is not to be a subjective determination. ..... the corporation will not be justified in levying the damages in cases where the employer, or the person who is bound to pay the amount in respect of the contribution payable in this regard, is able to offer sufficient or cogent explanation for non-remittance, or in cases where there is only a technical or venial breach of the provision of the act, or there exists bona fide circumstances, which will point out that there was no deliberate omission on the part of the employer. ..... 287, dated july 3, 1976. .....

Oriental Insurance Company Limited Vs. Mohan (Deceased),

Court : Chennai

Reported in : 2004ACJ2046; (2003)IIILLJ890Mad; (2003)2MLJ443

..... the learned counsel for the appellant by drawing our attention to section 4(1)(c)(ii) of the act as well as the full bench decision of the kerala high court in the case of new india assurance co. ..... in the light of the materials placed that the injured - applicant is a driver by profession and of the fact that he cannot drive the vehicle with the said disability, we are in agreement with the conclusion arrived at by the deputy commissioner for labour and reject the contra argument of the learned counsel for the appellant. ..... in this regard it is useful to refer the decision rendered by us in cma.nos.1237 to 1240 of 1994 and 1598 of 1998 on 25.04.2003, wherein we have held that the doctor - expert can assess the disability, it is for the authority concerned to assess the loss of earning capacity on the basis of the materials, namely, medical certificate, disability certificate, evidence of doctor, evidence of the injured - applicant, avocation and the nature of work to be done in future. ..... even otherwise, the assessment of loss of earning capacity being a question of fact and the authority has correctly assessed the same, in the light of section 30 of the act, we do not find any substantial question of law for interference. 11. ..... however, in the light of section 4(1)(b) of the workmen's compensation act 1923 (in short 'the act'), fixed his wage at rs. .....

Employees' Provident Fund Organization Vs. 1. the Inspector General of ...

Court : Chennai

..... central provident fund commissioner, tamil nadu and kerala, chennai, is directed to suitably instruct the recovery officers throughout the region that they can ignore sale or alienation, if any, made by the defaulter establishment after certificate was issued by the authorised officer, in view of rule 16 of the second schedule to the income tax act declares such sale as void and also in view of the settled position of law as declared in the four judgments referred to above, namely, (i) division bench judgment of the andhra pradesh high court in ..... . based on the certificate issued by the authorized officer under the epf act that an establishment is in arrear payable to epfo, the recovery officer under the epf act is empowered statutorily to attach the immovable properties of the establishments and also to sell those immovable properties, in view of sections 8-b and 8-g of the epf act read with the rules referred to above under the second schedule to the income tax act.40 ..... the learned counsel for the petitioner submitted that in this case, before effecting the sale, the third respondent should have removed the attachment as contemplated in rule 12 of the second schedule to the income tax act, 1961 by paying the amount due with costs and all charges and expenses to the recovery officer or by cancellation of certificate issued by the authorised officer of epfo that led to the recovery officer to take action in accordance with sections 8-b and 8-c of the epf act. 27.8. .....

C. Narayanaswamy Nadar and ors. Vs. the Government of Tamil Nadu Repre ...

Court : Chennai

Reported in : (1994)2MLJ136

..... with the 4(1) notification ..... in the schedule below, the governor of tamil nadu hereby directs that the lands be acquired under the provisions of sub-section (1) of section 17 of the said act, under sub-section (4) of section 17 of the said act, the governor of tamil nadu hereby directs that in view of the urgency of the case, the provisions of section 5-a of the said act, shall not apply to this case.for all these reasons, we are not impressed with the arguments of the learned counsel for the appellants that the notification under section 4(1) of the act is vitiated by reason of invoking section 17(1) of the act along ..... , andhra pradesh, orissa, kerala and tamil nadu with the assistance of the respective state governments. .....

T. Rajaiah and ors. Vs. Southern Roadways Ltd. (Represented by Its Sec ...

Court : Chennai

Reported in : (1993)IIILLJ719Mad; (1991)IIMLJ72

..... the respondents in their written statement as well as in the counter filed in the interlocutory applications, pleaded that the petitioners are 'workmen' within the meaning of section 2(s) of the industrial disputes act (hereinafter referred to as the act) and their remedy is only to raise an industrial dispute under the act, that the civil court has no jurisdiction to entertain the suits and that the jurisdiction of the civil court is impliedly barred. 7-a. ..... the facts of the case squarely fall within; the facts of the case referred to in the judgment of the kerala high court in 1989 i l.l.n.676 and the ratio decidendi laid down by the kerala high court will apply to the facts of this case on all fours. ..... according to the learnedcounsel for the petitioners, the facts of the case on hand will fall under the second category outof the four categories enumerated in the decision, whereas according to the learned counselfor the respondents, the facts of the case will fallunder the third category. ..... 204 of 1976 solely on the ground that the plaintiff therein could not have raised an industrial dispute under section 2-a of the act and the same would have blossomed out as an industrial dispute if union has chosen to expouse the plaintiff s cause therein. ..... learned counsel for the respondents, on the other hand, relied upon the judgment in kerala rubber and reclaims ltd., v. p.a. ..... the facts of the case in kerala rubber and reclaims ltd. v. p. a. .....

Employees' State Insurance Corporation. Vs. MS.Hafeez Motor Transport

Court : Chennai

..... a division bench of the kerala high court has held that a mere look at section 85- b of the employees' state insurance act will show that even where the employer fails to pay the amounts due in respect of any contribution payable under the act, it is not obligatory on the corporation to levy or recover damages. ..... the corporation will not be justified in levying the damages in cases where the employer, or the person who is bound to pay the amount in respect of the contribution payable in this regard, is able to offer sufficient or cogent explanation for non-remittance, or in cases where there is only a technical or venial breach of the provision of the act, or there exists bona fide circumstances, which will point out that there was no deliberate omission on the part of the employer. ..... indicated showing as to how damages for delayed payment are to be imposed and since such guidelines have been followed, no exception should be taken thereto made to the impugned adjudication, stating :even if the regulations have prescribed general guidelines and the upper limits at which the imposition of damages can be made, it cannot be contended that in no case, the mitigating circumstances can be taken into consideration by the adjudicating authority in finally deciding the matter and it is bound to act mechanically in applying the uppermost limit of the table. .....

K. Palanisamy Vs. The Sub Registrar, Komarapalayam Sub Registrar Offic ...

Court : Chennai

..... learned counsel for the petitioner has drawn the attention of this court to section 19-b(4) of the indian stamp act 1899 and as per the said proviso, action is to be taken within a period of four years from the date of receipt of the copy of such instrument in the state of tamil nadu under the registration act, 1908 and admittedly even as per the letter of the sub registrar, vadakkencherry, palakkad district addressed to the district registrar, namakkal, the fact of the said registration, was brought to the knowledge of the said district registrar, namakkal as early as on 06.09.2006 ..... per contra, by way of filing counter affidavit, the respondent would state that unless and until the petitioner pays the differential stamp duty in support of the indian stamp act 1899 in the office of sub registrar, palakkad district, kerala state, the document sought to be registered cannot be registered and prays for dismissal of this writ petition. 5. ..... indisputably, the registration office of the state of kerala had the requisite jurisdiction to register the document in terms of the provisions of the registration act. 13. .....

The Workmen of Nilgiris Co-operative Marketing Society Limited, Rep. b ...

Court : Chennai

Reported in : (2001)ILLJ1095Mad

..... followed the decisions of the apex court putforth by the petitioner's side, it should have necessarily come to the conclusion that on the undisputed facts, there was employer-employee relationship; that the society has issued circulars as found under w-7 and w-8 asking the staff to exercise supervision and control over the graders and porters working in the yard; that the society was represented as employer in the conciliation proceedings under the industrial disputes act, 1947, as shown under ex.w-12, and agreed to pay the festival advance; that the society ..... 390, the kerala high court has hold as follows:'the burden of proof being on the workmen to establish the employer-employee relationship an adverse inference cannot be drawn against the employer that if he were to produce books of accounts they would have proved employer-employee relation ship.'41. ..... the first labour court of west bengal and others, 1976 lic 202that;''where a person asserts that he was a workman of the company and it is denied by the company, it is for him to prove the fact. .....

Workmen of Indian Bank Vs. Management of Indian Bank

Court : Chennai

Reported in : (1985)ILLJ6Mad

..... , madras, on all working days; (c) one office bearer in each of the affiliated unions at (i) andhra pradesh, (ii) kerala; (iii) mysore state; (iv) bombay; (v) new delhi; and (vi) west bengal, to be ..... evolved with reference to the rights and obligations of the employees and the employer, the management of the indian bank gave recognition on 18th august, 1973 to the federation of the indian bank employees union and its constituent unions and in terms thereof, it was resolved that the office-bearers of the union would be released for union-work as under : '(a) two office-bearers of the federation of the indian bank employees' union on all working days; (b) two office-bearers of the indian bank employees' union ..... 2(k) of the act is only a dispute or difference connected with the employment or non-employment or terms of an employment or with the conditions of labour of any person and it would not take within its fold a condition related to the performance of the union activities by an employee of the bank. ..... during the emergency in 1976, the management issued a letter proposing to withdraw the duty relief and the union filed wp no ..... 4438 of 1976 for the issue of a writ of certiorari .....