Judgment Search Results Home > Cases Phrase: the koodalmanickam devaswom act 1971 Page 1 of about 23,337 results (0.474 seconds)

Vasudevan Namboodiri Vs. A.M Parameswaran Namboodirippad

Court : Kerala

..... " thus the definition of the term 'court' in the madras hindu religious and charitable endowments act, 1951 alone is contra distinct from the definition found in the act, the koodalmanickam devaswom act, 2005 and the travancore- cochin hindu religious institutions act, 1950. ..... a reference to the definition of 'court' appearing in similar enactments governing the administration of temples in the state will be extremely profitable to decipher the intent of the expression 'court' appearing in the act and the same are enumerated hereunder: (i) section 2(d) of the koodalmanickam devaswom act, 2005 defines 'court' as under: "'court' means the district court having 6 crp nos. ..... the guruvayur devaswom act, 1978 (the 'act' for short) was enacted by the state after a long deliberation to make provision for the proper administration of the guruvayur devaswom in public interest and in the interest of the worshipers of the temples thereunder. ..... it shall be the duty of the guruvayur devaswom managing committee constituted under section 3 of the act to arrange for the proper performance of the rights and ceremonies in the temple and the subordinate temples attached thereto under section 10(a) of the act. ..... the defendants are the guruvayur devaswom, its administrator and 'tantri' and two other persons interested in the rituals of the temple got themselves impleaded questioning the very maintainability of the suit in the court of the munsiff. .....

Koodalmanickom Devaswom (by Superintendent) Vs. Kunhan Kartha (K.P.) a ...

Court : Kerala

Reported in : (1967)IILLJ639Ker

..... issued by his highness the maharaja of cochin, and the proclamation of 1094 issued by his highness the maharaja of travancore and its employees were outside the purview of the shops act;(2) that the kaimal alone could represent the devaswom even before respondent 2 and that in the absence of the kaimal as a party the appeal to respondent 2 itself was not properly constituted; and(3) that the koodalmanickom dewaswom was neither a 'shop' nor a 'commercial establishment' within the meaning of those terms in the shops act, 1960.3. ..... adverting to the plea thus specifically raised, in the light of the evidence adduced, respondent 2 found that the devaswom bad seven sub-offices and a temporary establishment and that that part of the koodalmardckom devaswom which is engaged in the collection of rent of its properties and maintenance of records of these collections, is an 'establishment' as given in the definition of' commercial establishment' in the kerala shops act, 1960. ..... on the terms of the statute taken along with the facts as found by the appellate authority, the conclusion seems to be inescapable that the devaswom satisfies the definition of a 'commercial establishment' for the purposes of the shops act. ..... it seems to me also that with the above statutory definition, the only question is whether the devaswom fills the bill for the limited purpose of the act and not whether it can be said to a commercial establishment for all purposes whatsoever. .....

A. Kesava Bhatt Vs. Sree Ram Ambalam Trust and anr.

Court : Kerala

Reported in : [1989(59)FLR379]; (1990)ILLJ192Ker

..... the discussion could indicate that the conclusion was reached by the learned judge in a halting manner, as evident from the sentence reading (1967-ii-llj-639 at 641)'...the only question is whether the devaswom fills the bill for the limited purpose of the act and not whether it can be said to be a commercial establishment for all purposes whatsoever. ..... 'the learned judge, after referring to the decisions rendered in the background of the industrial disputes act, chose to emphasise the fact that 'it would be inappropriate to import into the shops and commercial establishments act the definition of the term 'industry' as given in the industrial disputes act. ..... kunhan kartha that (1967-ii-llj-639 at 641):'...that part of the koodalmanickom devaswom which is engaged in the collection of rent of its properties and maintenance of records of these collections, is an 'establishment' as given in the definition of 'commercial establishment' in the kerala shops act, 1960.'17. ..... every person employed by a devaswom normally discharges functions pertaining to the proper functioning of the temple, the paramount object of which is to maintain a place of worship in proper condition for the benefit of the devotees... ..... with great respect, i endorse that approach and conclusion - see the observations at (p 400):''devaswom' is a compendious expression taking in a temple, its property, its management, etc. .....

Advocate P.N. Damodaran Namboodiri Vs. Sree Koodalmanickam Devaswom

Court : Kerala

..... ,aluva - 683 108 by advs.sri.koshy george sri.k.m.jamaludheen smt.latha prabhakaran respondent(s): ---------------------------- sree koodalmanickam devaswom managing committee, office of the koodalmanickam devaswom, managing committee, irinjalakuda, thrissur district - 680 121 represented by its administrator by sri.harisankar v. ..... 94/2014 exhibit p4 copy of the notice issued by the advocate commissioner exhibit p5 copy of the letter of the respondent dated1511.2011 exhibit p6 copy of the petition submitted by the oorazhmas3940 exhibit p7 copy of the reply letter dated1602.1989 of the respondent exhibit p8 copy of the compilation of the receipts dated61.2014 exhibit p9 copy of the representation submitted by the secretary of the temple renovation committee dated49.2012 exhibit p10 copy of the notice of annual festival for the year1998exhibit p10(a) copy of the notice of annual festival for the year2002exhibit p10(b) copy of the notice of annual festival ..... the ad-interim order of injunction also restrains the defendants from committing any acts of waste in the petition scheduled property (temple compound).2. .....

Chengayya Vs. M.V. Swaminatha Mudaliar and ors.

Court : Chennai

Reported in : AIR1979Mad116

..... 68 of the act, to rectify the defects, mistakes or errors committed by the official receiver; it can not be said that the court is powerless to prevent an injury being done to the general body of creditors and the insolvent in consequence of a mistake committed by the official receiver in the conduct of an auction sale held by him, merely because the person who applies to the court to have the mistake rectified is the receiver himself and not a creditor or the insolvent.7. mr. ..... recognised that it is not merely the insolvent, or the creditors, or any other aggrieved person, who can take action to bring the conduct of a receiver in any particular respect to the notice of the court, but the receiver being an officer of the court, when it comes to the knowledge of the court that his action in any particular respect is objectionable, the court has inherent powers to rectify his errors or mistake or to reverse or modify his acts or decisions. ..... the learned counsel points out that the first respondent is a share-holder and director of a company which is under voluntary liquidation and all or whatever grievances the said company may have as a creditor of the insolvent, could be ventilated only by and through the liquidator appointed for the company and the first respondent can never come within the definition of a 'person aggrieved' under section 68 of the act.4. .....

Brijesh Kumar Verma vs.aurangjeb & Anr.

Court : Delhi

..... the appellant s building falls within the definition of building and other construction work as defined in section 2(1)(d); respondent no.1 is a building worker within the meaning of section 2(1)(e) of the bocw act; the appellant s building is an establishment within the meaning of section 2(1)(j) of the bocw act as the cost of the construction was more than rs.10 lakhs; respondent no.2 is a contractor within the definition of section 2(1)(g) of the bocw act and the appellant, being the owner, is an employer within the definition of section 2(1) (i) of the bocw act which includes the ..... (2016) 10 scc329 the appellants challenged the applicability of building and other construction workers' (regulation of employment and conditions of service) act, 1996 (hereinafter referred to as the bocw act ) and the buildings and other construction workers' welfare cess act, 1996 (hereinafter referred to as the welfare cess act ) on the ground that they were registered under the factories act, 1948 and therefore, they were not covered by the definition of building or other construction work as contained in section 2(1)(d) of the bocw act and, therefore, the said act was not applicable ..... may observe with great respect that the division bench of this court in travancore devaswom board v. ..... sandham2) [(1971) 1 wlr1062 (1971) 2 all er1267 observed: one must not, of course, construe even a reserved judgment of russell, l.j.as if it were an act of parliament ..... simmonds, (1971) 3 all er237 (1971) 1 wlr1381 .....

The Commander Head Quarters Coast Guard Region (East), Vs. Vijaya and ...

Court : Chennai

Reported in : IV(2006)ACC696; 2008ACJ169; (2006)3MLJ515

..... the commissioner, after having concluded that the accident did take place and the deceased did die only in the said accident, held that even though the deceased was engaged by the engineer/contractor, it was for the trade and business purpose of the fourth respondent, the work was done and therefore, the fourth respondent, namely garrison engineers, as principal employer, is liable to pay the compensation to the petitioner as per section 12(1) of the workmen's compensation act, 1923 (hereinafter referred to as 'the act').11. ..... which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately .....

Erroju Brahmachary S/O.Ramachandram, Age Vs. 1.The Revenue Divisional ...

Court : Andhra Pradesh

..... rights in land and pattadar pass books act, 1971, (for short, 'the act') before the revenue divisional officer, mancherial, adilabad district-1st respondent. ..... goud's case (2nd supra), a division bench of this court held that agreement of sale cannot be considered a transfer within the meaning of section 5-a of the act, in such a case, the mandal revenue officer cannot proceed to hold an enquiry as to whether agreement of sale has been complied with or not. ..... where there is an error apparent on the face of the records, existence of alternative remedy of revision under section 9 of the act to question the order impugned in the writ petitions is not a bar to grant relief under article 226 of the constitution of india. ..... under section 5-b of the act an appeal shall lie to the revenue divisional officer against the order passed by the mandal revenue officer validating the unregistered sale deeds under sub-section (4) of section 5-a of the act. ..... sri v.ravi kiran rao, learned counsel appearing for the petitioners submits that regalla sudhakar did not produce any evidence before the revenue divisional officer, mancherial, adilabad district-1st respondent to prove that he was the adopted son of regalla purushotham and therefore, he was not entitled to question the validation proceedings issued by the mandal revenue officer, mancherial, adilabad district, under section 5-a of the act. .....

Sri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.

Court : Kolkata

Reported in : (2007)3CALLT560(HC),2008(1)CHN900

..... injunction may be granted where, in any suit, it is proved by the affidavit or otherwise, that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing...or dispossession of the plaintiff or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the court thinks fit until the disposal of the suit or until further orders. ..... section 14(1) and section 14(2) of the hindu succession act were referred to and for the purpose of pointing out the difference between the operation fields of sub-section (1) and sub-section (2) of section 14, mulla's hindu succession act, 17th edition, the following lines at pages 320 to 321 were referred to: 'in order to invoke the application of this sub-section it is necessary to satisfy the essential condition that the instrument which limits or restricts the estate should itself be the source or foundation of the female's title to the property. .....

The Managing Director, H.P. Forest Corporation and anr. Vs. Surinder P ...

Court : Himachal Pradesh

Reported in : 2006(2)ShimLC68

..... to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately ..... person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principals were substituted for references .....