Court : Kerala
Reported in : [1985]57CompCas85(Ker)
..... arrangement shall be made by the court unless the court is satisfied that the company or any other person ..... voting either in person or, where proxies are allowed (under the rules made under section 643), by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the court, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be, and also on the company, or in the case of a company which is being wound up, on the liquidator and con tributaries of the company: provided that no order sanctioning any compromise or ..... that merely because a settlement or scheme has been presented to the court under' section 391 of the act and the court orders notice on it, its hands are stayed in regard to its powers contemplated under section 443 of the act. ..... [1970] 40 comp cas 819 (guj) said that the approach of the court whileexamining the scheme must be on the basis of the principle pointed out inthe decision in in .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ193
..... 72k in respect of any holding or part thereof to which an application referred to in sub-section (1) relates,-(a) the right, title and interest of the landowner and intermediaries in respect of such holding or part shall be deemed to have vested in the cultivating tenant from the date of such application:(b) any amount paid or, deposited by the cultivating tenant by way of rent after the date of such application, shall be adjusted towards the purchase price payable by him under section 72d;(c) any such amount received or withdrawn ..... in view of section 72p of the land reforms act, after 01-01-1970, an application filed under section 54 read with the section 53 is not maintainable.section 72p of the land reforms act reads as follows:72p. ..... assignment where application is not made by cultivating tenant: notwithstanding anything contained in sub-section (3) of section 72b or section 72bb, the land tribunal may, subject to such rules as may be made by the government in this behalf, at any time after the vesting of the right, title and interest of the landowners and intermediaries in the government under section 72, assign such right, title and interest to the cultivating tenants entitled thereto, and the cultivating tenants shall be bound to accept such assignment.8. ..... on going through ext.d25, it can be found that after the termination of the year the executant received back the initial deposit made by him after settlement of accounts. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker1
..... of oral and documentary evidence which i had no opportunity to hear or see at the time when the evidence was recorded during the trial of the case.....i do not claim that my appreciation of the evidence on record and the judgment i have given today are absolutely free from all possible infirmities; but i can get consolation by reminding myself of the fact that there is a court of appeal before which, the party aggrieved by the verdict i have given today, can challenge this judgment both on questions ..... but in cases involving criminal conspiracy section 10 of the evidence act permits the use of evidence, that one of the conspirators did, said, or wrote anything in reference to the common intention of the conspirators, as evidence against the other conspirators. ..... dalipsinghji, air 1970 sc 45 that 'the evil scheme may be promoted by a few, some may drop out and some may join at u later stage, but the conspiracy continues until it is broken up, the conspiracy may develop in successive stages; there may be a general plan to accomplish the common design by such means as may from time to time be found expedient. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker101
..... they took three preliminary objections :(i) that the claimant had not moved the next superior officer of the second respondent before referring the disputes for arbitration as required under the terms of the agreement; (ii) that final payment under the contract was received by the claimant in 5/81 in full and final settlement of all the claims under the agreement and any further claims were barred since they were to be treated as abated; and (iii) that the majority of the claims were or might and ought to have been ..... pleader appearing for the appellants submits that the award of the arbitrator was bad for errors apparent on its face, that there was no subsisting dispute in view of the contractor accepting payment in full and final settlement of all his claims during the pendency of the arbitration proceedings, that the arbitrator exceeded his jurisdiction in awarding rates in excess of the agreed rates and in allowing claims which were or ought to have been raised in arbitration case no. ..... , air 1988 sc 1340 also render considerable assistance in understanding the scope and amplitude of the power of the court under sections 14 - 17, 30, 32 and 33 of the act in dealing with awards of arbitrators. ..... surinder kumar, air 1970 sc 833, the supreme court approved the following proposition in an earlier unreported decision in uttam singh dugal and co. v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker149
..... 337/78, attempted to put forward an argument that the forest (conservation) act, 198o (central act 69/80) has practically repealed the vesting act, and that consequently the custodian cannot take possession of any part of the private forests on the footing that such part has vested in the state-it was argued, with reference to the preambles of the two, enactments and article 254 of the constitution, that while the central act provides for the conservation of forests, the vesting act provides for their destruction with a view to put them to ..... agricultural use, arid that in the light of the subsequent central ..... gwalior rayon (air 1973 sc 2734) the supreme court understood the legislative measure as a ''scheme of agrarian reform' designed to take over agricultural lands comprised in private forests, and for the settlement of poorer classes of the rural population on those lands, for promotion of ..... act were brought intoforce from, 1-4-1964, the ceiling provisions were given effect to only from1-1-1970 .....
Tag this Judgment!Court : Kerala
Reported in : [2000(87)FLR386]
..... an employee or to get him prosecuted for an offence, he is not ut on trial within a year of the commission of the offence, the management may the deal with him as if he had committed an act of 'gross misconduct'or of 'minor misconduct' (as defined in clause 19.5 and clause 19.7) provided that if the authority which was to start prosecution proceedings refused to do so or come to the conclusion that there is no case for prosecution it shall be open to the management to proceed against the employee under the provisions set out in clause 19.11 and 19.12 relating to discharge, but he shall be deemed ..... to have been on duty during the period of suspension, if any, and shall be entitled to the full ..... ashok kumar, learned counsel for the bank relied on clause 19.3(c) of the bipartite settlement which empowers the bank to proceed against a delinquent employee in disciplinary proceedings, even if he is acquitted by the criminal court. ..... state of kerala (1970 klt 1047), k babu v. .....
Tag this Judgment!Court : Kerala
Reported in : (1999)IILLJ832Ker
..... r4(a) is, applicable to this area also and they get right from the above settlement and then it is for the management to raise all contentions against the validity of the settlement and applicability of the settlement in the area.without prejudice to the above right, the writ appeal is dismissed. ..... under these circumstances, i have no hesitation to hold that the demand of the 4th respondent on the basis of the above agreement is legally unsustainable'.thereafter, the learned judge directed that union cannot obstruct the employees appointed and if any obstruction is caused by the unions or their men against the engagement of the workers of the choice of the management, petitioner can approach the police for protection and police officers should afford adequate protection to the petitioner for engaging workmen of his choice for the construction of the hospital.3. ..... r4(a) agreement produced did not show that it is entered into on a stamp paper or as a settlement under section 2(p) of the industrial disputes act as a conciliation settlement or as a settlement arrived at, otherwise than in the conciliation proceedings. ..... in any event, in the absence of a statutory provision or a binding and valid settlement, the unions cannot insist that unless the persons nominated by them are appointed they will obstruct the work and take law into their hands. ..... air 1970 ker. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker36
..... it was submitted that in 1976 the abolition act was brought into force putting an end to the system of joint family and declaring that the members of the family as on the date of commencement of the abolition act, shall thereafter hold the properties as tenants in common as if a partition had taken place on the date of commencement of the abolition act, namely, 1-12-1976. ..... on the settlement of the dispute all the contentions raised in the suit were withdrawn and the suit itself was allowed to be disposed of recording the compromise and passing a decree in terms of the compromise. ..... on facts it was submitted that on the death of gopalan in 1970, his interest in the property devolved solely on his sister madhavi in the absence of any class i heir and other preferential heirs in class ii like father, brother etc. ..... on the above basis it was found that when gopalan died in 1970 madhavi would not be a heir entitled to succeed to the properties left by her brother gopalan and that his rights in the property would devolve upon the sakha of 1 st defendant in the earlier suit consisting of defendants 1 to 7 by survivorship. ..... gopalan died in the year 1970 and the members of the sakha of 1st defendant in the earlier suit had taken possession of the entire property apparently as provided in clause 10 of ext. al. ..... gopalan died in 1970. .....
Tag this Judgment!Court : Kerala
Reported in : [1993]76CompCas199(Ker)
..... on challenge of the settlement by the first son, the privy council held that even though the second adoption was invalid in law and cannot affect the first son's right to the ancestral properties, he was precluded from challenging the division of the separate properties of the father for the reason of his acceptance and acquiescence. ..... a decree is made by a court which has no inherent jurisdiction to make it, objection as to its validity may be raised in an execution proceeding if the objection appears on the face of the record : where the objection as to the jurisdiction of the court to pass the decree does not appear on the face of the record and requires examination of the questions raised and decided at the trial or which could have been but have not been raised, the executing court will have no jurisdiction to entertain an objection as to the validity of the decree even on the ground of absence of jurisdiction. '15. ..... in that case, it is held that for the reason of the decree-holder's election to resort to the procedure under the revenue recovery act, he is precluded from executing the decree of the civil court and the decree itself is void ab initio as one passed without jurisdiction.2. ..... rehman, air 1970 sc 1475, it is stated at page 1476 :'a court executing a decree cannot go behind the decree between the parties or their representatives ; it must take the decree according to its tenor, and cannot entertain any objection that the decree was incorrect in law or on facts. .....
Tag this Judgment!Court : Kerala
Reported in : [1974]96ITR365(Ker)
..... 'transfer of property' is defined in the gift-tax act as follows : ''transfer of property' means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes- (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property ; (c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power ; and (d) any ..... the tribunal was of the view that the material questions arising in the case such as whether the document purported to and did in fact convey title, whether the title deeds still stood in the name of the assessee or of the alleged donees, whether pattas were transferred and if so, when and to whose names, whether the income from the properties continued to be enjoyed by the assessee, whether, notwithstanding the execution of the document, the assessee continued to be in possession and enjoyment of the properties and whether the document was not in fact acted upon, required to be examined. ..... rangasami naidu, [1970] 76 i.t.r. ..... commissioner of gift-tax, [1970] 76 i.t.r. .....
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