Court : Kerala
Decided on : Dec-23-2011
Reported in : 2012(3)KLT40(SN)(C.No.41); 2012(3)KLJ108
..... security personnel deployed to cater to the requirements of the service receivers, for which the service receivers effect the payment to the service providers, as per the terms of the contract. the 'master and servant' relationship is between the security agency and the security personnel engaged and not between the service receivers and the security personnel. the service providers like ..... the madras high court in respect of 'security agencies', which stands against the petitioners. 7. service tax, which is an indirect tax,was introduced in india vide the finance act, 1994 (act 32 of 1994), which was legislated by the parliament under the residual entry, ie., entry no.97 of list 1 of seventh schedule of the constitution of india. section 65 ..... by providing security personnel or otherwise and includes the provision of services of investigation, detection or verification of any fact or activity. by virtue of the very nature of the act , the tax burden is to pass on to the beneficiary and as such the petitioners cannot be stated as aggrieved in any manner, submits the learned central government counsel. ..... to be the members of the said association. in fact, the said association is stated as registered under the provisions of the travancore- cochin (literary, scientific and charitable societies) registration act. the grievance is mainly with regard to the steps taken by the respondents to mulct the liability towards service tax upon the members of the association under various heads; by .....Tag this Judgment!
Court : Kerala
Decided on : Dec-03-2011
..... smt. anitha ravindran, learned government pleader appearing for the second respondent. the impugned order reads as follows: referring to the above sri. satheesan has applied for the grant of fresh contract carriage permit in respect of autorickshaw bearing registration mark kl 07 w 5652 with parking place at kannankulangara junction at n. paravur. the said junction is within the north paravur ..... therefore of the opinion that ext.p3 order cannot be sustained. though the learned counsel appearing for the first respondent contended with reference to s.472 of the kerala municipalities act that the municipality can insist that restrictions should be imposed on the number of permits issued with halting place in the cart stand provided by it, i am of the ..... . s.117 of the motor vehicles act and s.475 of the kerala municipalities act deal only with parking places and halting stations and not with number of permits. i am therefore of the opinion that the stand taken by the ..... in my opinion empower the local authority to say that its views regarding the number of permits to be issued under the motor vehicles act are binding on the regional transport authority. s.117 of the motor vehicles act also does not empower the local authority to contend that it has a say in the number of permits which can be issued .....Tag this Judgment!
Court : Kerala
Decided on : Jul-05-2011
..... the condition laid down in the tender notification. at that stage, obviously, the amount being earnest money did not arise as there was no concluded contract. but after the appellant became the successful bidder offering to purchase the property for an amount of rs.15 crores which bid was accepted by ..... regarding the purchase of immovable property. the question which fell for consideration before the supreme court was regarding the interpretation of certain clauses of the contract and whether the amount deposited by the purchaser pursuant to the agreement of sale is to be treated as earnest money or not. at paragraph ..... to make a recovery such as the one proposed by the state of u.p. was conferred under section 77 of the u.p. excise act. the supreme court opined that such a right could not be enforced against the respondent therein on the ground that, on the facts of the ..... rs.15 crores for the purchase of the assets of salih industrial enterprises (p) ltd., taken over by ksidc under section 29 of the sfcs act, situated in sy.no.2741/1, 2, 3, 4 and 2742/a in chenganassery village, trivandrum taluk, powere house road, trivandrum in your favour ..... house road, thiruvananthapuram. such take over was made in exercise of the power conferred on the respondent under section 29 of the state finance corporation act obviously on the ground that the abovementioned salih industrial enterprises defaulted in repayment of certain loans due to the respondent corporation. subsequent to the take over, .....Tag this Judgment!
Court : Kerala
Decided on : Aug-12-2011
..... regulatory directions, we do not think that would in any way offend the law. nor can it be contended that freedom of contract cannot be fettered by such a stipulation in the act or the rules. remuneration disproportionate to work is conceptually sin, exploitation or atleast impropriety. it is ethically anathema to a professional ..... in the matter. i) the m.a.c.t has jurisdictional competence to award costs in claims under sections 163a and 166 of the motor vehicles act. ii) the jurisdiction to direct costs is purely discretionary; but tribunals must apply their mind on the question in all cases. there must be a ..... that the procedure contemplated under rule 196 can certainly be followed satisfactorily before the free copy is issued under section 168(2) of the m.v.act. our direction to the tribunals to follow the principles under rules 195 and 196, we are satisfied, shall not in any way offend the mandate ..... to award cost even in the absence of a specific statutory provision. we do first of all note that under section 168 of the m.v.act, the primary mandate to the tribunal is to determine the amount of compensation which appears to be just. we have absolutely no hesitation to agree ..... of cost. the counsel were requested to research and offer assistance. it is pointed out that there is no specific provision either in the motor vehicles act or in the central or state rules justifying or authorizing tribunals to issue a direction for payment of costs. our attention has been drawn to section .....Tag this Judgment!
Court : Kerala
Decided on : Sep-30-2011
..... formal deed is yet to be made. that argument of the defendant is hence overruled. 11. where no provision is made in the contract between the partners, as to duration of their partnership or for the determination of their partnership, it is a partnership at will. such a partnership could be ..... ext.a1. the operation of the contract between the parties as contained in ext.a1 can, in no manner, be treated as under any state of suspension or adjournment mainly by saying that a ..... they would have thought necessary for different purposes before authorities relating to taxation, labour etc. the legal incidences necessary to result in a partnership exist in the contract entered into between the parties as per the terms of ext.a1 and the effect of that partnership runs therefrom and on the basis of the terms of ..... of ext.a1 agreement dated 16.4.2000. it is an agreement between the plaintiff and the defendant. neither party has a case that it is not a contract. 8. the preamble to ext.a1, among other things clearly states that the first party, i.e., the defendant, is the licence holder doing business of ..... , therefore hold that ext.a1 itself constitutes a partnership and that the said firm came into being by the act parties resulting in the contract, terms of which are clearly stated in ext.a1. the date of effect of that partnership cannot be postponed to any future date merely on .....Tag this Judgment!
Court : Kerala
Decided on : Jun-17-2011
..... or other valuable consideration; (ii)a transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract; (iii)a delivery of goods on hire-purchase or any system of payment by instalments; (iv)a transfer of the right to use any ..... for production and sale of goods. however, pursuant to the constitutional amendment expanding the scope of "sale" covering various transactions, the cst act was amended by act 20 of 2002 wherein the definition of sale is recasted as following: "sale" with its grammatical variations and cognate expressions, means any transfer ..... of goods and sale of such goods in the course of execution of works contract. so much so, contractors answer the description of processors of goods within the meaning of section 8(3)(b) of the act and we therefore feel they are entitled to avail concessional rate for purchase of ..... of goods which are for sale in the course of execution of works contract, whether as goods or in some other form. it is by virtue of this provision, the petitioner applied for registration under the act which was in fact granted to him with an endorsement in the certificate ..... of property in goods by one person to another for cash or deferred payment or for any other valuable consideration, and includes.- (i)a transfer, otherwise than in pursuance of contract .....Tag this Judgment!
Court : Kerala
Decided on : Dec-08-2011
..... of his appointment.the kerala university of health sciences act, 2010 - section 10(5)(i) 10(5)(i). the person appointed as the vice-chancellor shall, subject to the terms and conditions of his contract of service hold office for a contract period of five years from the date on which ..... he enters upon office or till he attains the age of seventy years, whichever is earlier.nationaluniversityof advanced legal studies act, 2005 -sections 27(5) and (6) ..... 27(5). notwithstanding anything contained in this act or the regulations, ..... is eschewed, no government or authority has the right to do what it pleases. the doctrine of pleasure does not mean a licence to act arbitrarily, capriciously or whimsically. it is presumed that discretionary powers conferred in absolute and unfettered terms on any public authority will necessarily and obviously ..... submissions of learned additional solicitor general have no legs to stand." actually, the said decision turned on the specific terms of section 4 of the act therein. herein, the situation is different, in the light of the specific terms of section 12(7). therefore, herein it cannot be said that .....Tag this Judgment!
Court : Kerala
Decided on : Oct-24-2011
..... the case at hand it is evident that the petitioner company is neither a service provider nor a infrastructure provider, but they are only a contracting company constructing tower no behalf of the infrastructure provider. therefore we are not proposing to enter upon any finding as to whether the infrastructure provider ..... establishment of any telegraph is intended for use of a licenced service provider, such establishment or maintenance or working can only be construed as an act for and on behalf of the licenced service provider. therefore, the contention is that, once the service provider is licenced under s.4 the ..... company which had undertaken the work of erection of a telecom tower is not under any obligation to get licence under s.4 of the telegraph act unless they establish, maintain or operate a telegraph. 6. further question arises as to whether the infrastructure provider, m/s. indus towers ltd. ..... length. contention of sri.aslam is to the effect that ext.p5 registration cannot be considered as a licence contemplated under s.4 of the telegraph act, and without there being any such valid licence the petitioner company is not entitled to establish, maintain and work a telegraph. per contra, sri. ..... of site plan and that no installation permission was obtained from the 3rd respondent panchayat under s.233 (1)(b) of the kerala panchayat raj act required for establishment of any machinery. 4. arguments of sri.krishna prasad s, learned counsel for the petitioner and sri.m.p.m.aslam, .....Tag this Judgment!
Court : Kerala
Decided on : Sep-06-2011
..... succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and ..... to the learned counsel, though only indirectly, declares the obligation of men to maintain women. men who are protectors and maintainers of woman are bound to ensure that all acts for the physical, mental and moral requirements of women under their charge are discharged. that is the conduct expected from a muslim under the holy quran, submits counsel. ..... that the concept shall carry identical meaning and content to all sections of persons in the secular republic. 22. sec.3(b) of the hindu adoptions and maintenance act which we have already extracted above clearly indicates the parliaments understanding of the concept of maintenance, in its application to the hindus. the hindu father and the ..... shall be no obligation to justify the direction for payment of marriage expenses under the muslim personal law (shariat). we extract sec.2 of the muslim personal law (shariat) application act below: 2. application of personal law to muslims. notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate .....Tag this Judgment!
Court : Kerala
Decided on : Sep-01-2011
..... the election commission for implementing the resolution. 5. the managing director of the federation forwarded a copy of the said resolution along with letter no.14/mmg/1872 dated 2.5.2011 to the government. the said letter reads as follows: no.14immgi1872 dated 2nd may, 2011 principal secretary, agriculture (dairy) department ..... agreement it is inter alia stipulated that the state undertakes not to take any action to restrict the power of the co-operative institutions to act in accordance with sound economic and financial practices, to fix the price for their products, the price paid for milk collected from their members ..... be increased only with the concurrence/approval of the government and that the register of dairy co-operatives is empowered under the provisions of the act and the kerala co-operative societies rules, 1969 (hereinafter referred to as the rules for short) to interfere with the decision taken by ..... or the selling price of milk, that the high range dairy co-operative society, chengulam, a primary dairy co-operative society registered under the act, is selling milk at `30/- per litre, that other similar societies are also selling milk at higher prices and that the registrar of dairy ..... the state. s.9 of the act stipulates that the registration of a society shall render it a body corporate by the name under which it is registered, having perpetual succession and a common seal and with power to hold property, enter into contracts, institute and defend suits and other .....Tag this Judgment!