Judgment Search Results Home > Cases Phrase: the pondicherry settlement act 1970 Court: kerala Page 1 of about 249 results (0.065 seconds)

State of Kerala, Rep. by the Chief Secre Vs. Hotel Leelaventure Ltd. a ...

Court : Kerala

..... against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976 the effect of which was to deprive the employees of bonus payable to them in accordance with the terms of the settlement and the decision of the single judge of the high court. ..... had retransferred the possession of the buildings and lands to m/s.m-far hotels limited, a company registered under the companies act, 1956 consequent on the privatization of hotels by the government of india during july, 2002; and whereas, the said transfer was without the prior consent of the government; and whereas, the government are still the owner and the title holder of the said kovalam palace; and whereas, the government had taken over possession of the kovalam palace building and a major portion of the surrounding lands on the 27th day ..... - (1) for any improvements made to the historic site of kovalam palace and for the value of any interest which may have accrued in favour of any person during the period from the date of handing over of the possession by the government in 1970 to the date of resumption by the taking over by the government under s.3, there shall be given by the government for the value of such improvements made to kovalam w.a. no. ..... the ordinance further has an extra-territorial operation inasmuch as it interferes with the equitable rights of tamil nadu and pondicherry to the waters of the cauvery river. .....

P.V. Mani and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1986Ker86

..... ; or (b) within twenty-one days of giving such notice ; provided that no notice shall be required for effecting any such change - (a) where the change is effected in pursuance of any settlement, award or decision of the appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950 (48 of 1950); or (b) where the workmen likely to be affected by the change are persons to whom the fundamental and supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revised leave ..... controlled business has been transferred to, and vested in, the corporation, it is necessary so to do, or that in the interests of the corporation and its policy-holders, a reduction in the remuneration payable, or a revision of the other terms and conditions of service applicable, to employees or any class of them is called for, the central government may, notwithstanding anything contained in sub-section (1), or in the industrial disputes act, 1947, or in any other law for the time being in force, or in any award, settlement or agreement for the time being in force, alter (whether by way ..... union territory of pondicherry : [1967]2scr650 , and akar v. ..... babi bux : [1970]2scr10 . .....

Ramesh Babu Vs. State of Kerala

Court : Kerala

Reported in : 2005(4)KLT372

..... petitioners who are conducting the business in mahe on the basis of licence issued as per the provisions of the pondicherry excise act, 1970 cannot be treated differently from a licensee who is dealing with foreign liquor either in the state of karnataka or in the state of tamil nadu. ..... government of pondicherry in exercise of its powers conferred under rule 113(1) framed under the pondicherry excise act, 1970 have issued necessary licences for possession and sale of indian made foreign liquors/foreign liquors and beer in the town of mahe, which falls under the administration of government of pondicherry. ..... to mahe, even though the liquor has to pass through kerala state before it reaches mahe, no transit permit is required under the act and the rules, for, there is no movement from one state to the same state, as mahe is in a different state, the union territory of pondicherry, but when liquor is transported from pondicherry to mahe, both within the union territory of pondicherry, that liquor passing through kerala state required a transit permit.4. ..... licencing authority of the pondicherry government have already issued necessary permits to the petitioners for import of foreign liquor from the states of maharashtra, karnataka, goa etc. .....

Commissioner of Income-tax Vs. Pulikkal Medical Foundation Pvt. Ltd.

Court : Kerala

Reported in : [1994]210ITR299(Ker)

..... . in spite of the provisions relating to exemption from tax of the income of charitable and religious institutions, the finance act, 1970, inserted a new clause (22a) in section 10 of the income-tax act under which the income of hospitals and other institutions of like nature which exist solely for philanthropic purposes and not for purposes of profit were totally exempted from tax, as in the case of universities and other educational institutions ..... . association's case : [1980]121itr1(sc) it was held by a five-judge bench of the supreme court that though the objects specified in some clauses of the memorandum of association of the surat art silk cloth manufacturers association would benefit the members of the assessee, the benefit would be incidental to the carrying out of the main or primary purpose and that if the primary purpose of the assessee was charitable, the subsidiary objects set out in those clauses would not militate against its charitable character ..... . pondicherry co-operative, housing society ltd .....

C.K. Kuttappan and anr. Vs. Karthiyayani and ors.

Court : Kerala

Reported in : AIR1981Ker107

..... according to the learned counsel, though one or more of the co-mortgagors would be entitled to institute a suit for redemption of the mortgage without the junction of the other co-mortgagors, act 11 of 1970 being a special enactment, all the mortgagors should be agriculturists, if they are to claim benefit of act 11 of 1970.5. ..... this exception will not apply in a case where the terms of the mortgage prohibit the mortgagee from making any settlement of tenants on the land either expressly or by necessary implication. ..... (7) a permissible settlement by a mortgagee in possession with a tenant in the course of prudent management and the springing up of rights in the tenant conferred or created by statute based on the nature of the land and possession for the requisite period is a different matter altogether. ..... ram deo) a permissible settlement by a mortgagee in possession with a tenant in the course of prudent management and the springing up of rights in the tenant conferred or created by statute based on the nature of the land and possession for the requisite period is a different matter altogether. ..... but the settlement of the tenant by the mortgagee must have, been a 'bona fide' one. .....

State Bank of Travancore Vs. Punnose Ninan and ors.

Court : Kerala

Reported in : [1991]72CompCas360(Ker)

..... the division bench was considering the scope of section 15 of the act 31 of 1958, which was the previous act corresponding to present act 11 of 1970.the following observations of the division bench are relevant in this context: 'the proper procedure to be adopted is to conduct an enquiry as to whether more assets than are admitted by the debtor are available for distribution in a settlement under section 18. ..... a debtor wished to have settlement of his debts by resorting to the ameliorative provisions contained in section 15 of the kerala agriculturists debt relief act, 1970 (act 11 of 1970) (for short 'the act'). ..... section 15(1) of the act enables an agriculturist who is unable to pay his debts, to make an application to the court for a full settlement of his debts. ..... nothing can be read from the aforesaid two sections which limits, or in any manner restricts, the power of the court to decide all questions which may be necessary for an effective settlement of the debts. ..... the trial court is directed to proceed further in making a full settlement of the debts in the light of the above findings.8. ..... thus, the position is doubtless that it is for the court exercising powers under section 15 of the act which has the incidental power to decide whether a transaction is invalid or void and not binding on the creditors and, consequently, to treat the properties covered by such transactions as properties of the debtor.5. .....

Co-operative Tea Society Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1985]154ITR405(Ker)

..... this debt, he contends, arose for the first time under the kerala industrial employees' payment of gratuity ordinance, 1969, which came into force on december 10, 1969, and later replaced by the kerala industrial employees' payment of gratuity act, 1970, which came into force on february 18, 1970, both within the accounting year relevant to the assessment year in question. ..... counsel for the revenue, on the other hand, contends that the principle laid down in these decisions is not applicable to the facts of the instant case as the assessee has sold its business and the amount retained by the buyer towards gratuity is not a sum which the assessee had laid out or expended wholly and exclusively for the purpose of the business so as to entitle it to claim deduction in the computation of the profits and gains of its business. ..... 15,00,000 was agreed to be retained by the buyer as a reserve fund for settlement of the assessee's liability towards gratuity payable to the employees of the four estates in respect of their services under the assessee. ..... on settlement of the accounts, the sum that was finally retained by the buyer for payment of gratuity was only rs. .....

Mohammad Khan Vs. State Bank of Travancore

Court : Kerala

Reported in : AIR1978Ker201

..... since any debt exceeding three thousand rupees borrowed under a single transaction and due before the commencement of act 11 of 1970 to any banking company was excluded from the definition of the term 'debt' under section 2 (4) (1) of the act, but the proviso to section 2 (4) (1) enabled such a debt to be repaid in 8 equal half yearly instatments, the learned judge found that the judgment-debtor was entitled only to that benefit. ..... that was a provision enabling a debtor who was unable to pay his debts to seek settlement of his debts in the manner provided in the section. ..... , or (iii) a corporation owned or controlled by the government of kerala; or the government of any other state or the government of india or a government company as defined in the companies act, 1956; or(iv) the tea board constituted under the tea act, 1953, or the coffee board constituted under the coffee act, 1942, or the rubber board constituted under the rubber act, 1947, or the cardamom board constituted under the cardamom act, 1964; or(v) any co-operative society, including a land mortgage bank, registered or deemed to be registered under the cooperative societies act for the time being in force'; and item .....

Fertilisers and Chemicals Travancore Ltd. Vs. T. Chandra Mohan Nair an ...

Court : Kerala

Reported in : (2001)ILLJ1458Ker

..... it is also contended as a corollary to that issue, when the act does not provide for any benefit to direct employment either on regular basis or otherwise, on abolition of the contract labour system, whether it is open for the employer on the one side and the workmen represented by the unions on the other side to enter into settlement regarding absorption, payment of compensation and related matters as done in ext. p3. ..... naturally that settlement will have no legal efficacy in terms of the provisions contained in section 30(1) of the act; even though under normal circumstances a settlement reached between the workmen and the management cannot be challenged in a proceeding under article 226 of the constitution of india. ..... it is further contended that section 30(1) of the act will have no application unless the settlement transgresses any of the provisions contained in the act. ..... p1.such a settlement has got statutory force in terms of section 18(3) of the industrial disputes act, 1947 binding not only the management; but also all the workmen in the establishment. ..... finally, on the basis of the finding entered into by the state board appointed in terms of the contract labour (regulation and abolition) act, 1970, hereinafter referred to as the act, government issued ext. .....

Commissioner of Wealth-tax Vs. K. Gopinathan Nair

Court : Kerala

Reported in : [1976]103ITR23(Ker)

..... 8,60,690 as liability towards gratuitypayable to its workmen as a deduction under section 2(m) of the act.section 2(m) runs thus :' ' net wealth ' means the amount by which the aggregate value computed in accordance with the provisions of this act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than......' .3. ..... the section in the kerala industrial employees' payment of gratuity act, 1970, for short, 'the gratuity act', which imposes the liability to pay gratuity is section 4 and we shall extract that section.''4. ..... this is a reference under section 27(1) of thewealth-tax act, 1957, for short, ' the act ', and the question referred isin these terms :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the provision made by the assessee towards liability on account of gratuity payable to the workers is an allowable deduction while computing the assessee's net wealth '2. ..... , : [1974]94itr54(guj) , wherein the view seems to have been:taken that a debt would arise from the mere fact of the liability under statute unlike in the case of a settlement or of an award. .....