Skip to content


Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: kerala Page 1 of about 25 results (0.033 seconds)

Jan 07 2004 (HC)

Pepsico India Holdings Pvt. Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : [2006]144STC409(Ker)

..... industries within the state of kerala, they would certainly be entitled to plead the rule of estoppels in their favour when the state of kerala purports to act differently. several decisions of this court were cited in support of the stand of the appellants that in similar circumstances the plea of estoppels can be and has been applied and the leading ..... the said notification to the four categories mentioned in paragraph 21 supra. these exceptions, as already noted, are based on the principle of promissory estoppels as considered by the supreme court in mahaveer oil industries' case [1999] 115 stc 29. the circumstances under which a unit can be considered to have taken effective steps were incorporated in notifications s.r. ..... exemption are to be taken into account for interpreting the words used in the notification. in bajaj tempo ltd. v. commissioner of income-tax : [1992]196itr188(sc) the supreme court held that provision granting incentive for promoting economic growth and development in taxing statutes should be liberally construed and restrictions placed on it by way of exception should be construed ..... should be strictly construed. (state level committee v. morgardshammar india ltd. : air1996sc524 and novopan india ltd v. collector of central excise and customs : 1994(73)elt769(sc) ). the supreme court in pappu sweets and biscuits v. commissioner of trade tax, u.p., lucknow [1998] 111 stc 425 held that object of the relevant exemption notification and the intention of the .....

Tag this Judgment!

Jun 29 2012 (HC)

Vasudeva Menon and Others Vs. M/S. K.J. Plantation

Court : Kerala

..... the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of wards, to assign his interest as such tenant, farmer or lessee; xx xx xx xx" the appellants have not established before us that there was any ..... light of the decisions reported in brahmdeo chaudhary v. rishikesh prasad jaiswal and another (1997 (3) scc 694) and also in babu raj v. vasanthi devi (2008 (4) klt 761). by 1972, when the period of the lease expired, the property was changed to the hands of several persons. there was no objection from ..... first defendant, were alloted b schedule property in ext.c3 report. the final decree is dated 21/02/2003. the appellants filed ep. no.7 of 2008 for taking delivery of the b schedule property. according to them, they were constrained to seek police aid. when the amin went to take delivery of the ..... resistance by such person. 58. in the other decision referred to by the execution court, namely babu raj v. vasanthi devi (2008 (4) klt 761), a learned judge of this court held, inter alia, as follows: "11. until the apex court gave an authoritative pronouncement on the real scope of o.21 r.99 c.p.c ..... of property act, clause (i) reads as follows: "nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a court of wards, to .....

Tag this Judgment!

Nov 04 2015 (HC)

M.R. Ajayan Vs. State of Kerala, represented by The Chief Secretary To ...

Court : Kerala

..... catch such dogs, suspected to be rabid. (2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward. (3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e. (i) a veterinary surgeon appointed by ..... the central legislation shall prevail. however, every attempt should be made to reconcile the conflict. to the similar effect is another judgment of the apex court in bar council of india v. board of management, dayanand college of law and others [(2007) 2 scc 202] wherein it was held that ..... the human beings. petitioner refers to a complaint submitted to the grama panchayats and corporations. petitioner also relies on the division bench judgment of this court in animal welfare board of india and another v. ombudsman for local self government institutions and others (2006 khc 561) where the division bench has ..... referred to. instances of domestic animals bitten by stray dogs have also been mentioned. in this public interest litigation various individual complaints sent to this court to treat as public interest litigation have also been tagged under orders of the chief justice. several individuals have also filed applications stating that people ..... follow the 1960 act and the 2001 rules. it is further stated that the issue is engaging the attention of the apex court in special leave petition no.691 of 2009 arising from the judgment and order of the full bench of the bombay high court dated 19.12.2008 in aswp no.6257 .....

Tag this Judgment!

Nov 17 2014 (HC)

Planters Forum Vs. State of Kerala

Court : Kerala

..... the proviso." same was the situation in the case of bhubaneshwar singh v. union of india where taking note of the subsequent amendments in the act concerned the court came to the conclusion: (scc pp. 85-86, paras 13-14) "in the present case as already pointed out above, if sub- ..... both in providing raw materials and in assimilating by-product wastes due to consumption. the largesse of technology can only postpone or disguise the inevitable.' professor barbara ward has written of this ecological imperative in particularly vivid language: w.p(c) no.26691 of 2010, etc. -:188. :- `we can forget moral ..... providing raw materials and in assimilating by-product wastes due to consumption. the largesse of technology can only postpone or disguise the inevitable.' professor barbara ward has written of this ecological imperative in particularly vivid language: `we can forget moral imperatives. but today the morals of respect and care and modesty ..... of the general clauses act has no application where a statutory authority is required to act quasi-judicially. w.p(c) no.26691 of 2010, etc. -:325. :- whether the order dated 8.1.2008 passed by the custodian can fall in any of the exceptions enumerated by the apex court in indian national congress ..... 3. the state wields the shield of article 31-a to ward off the private owners, sword thrust of article 13 read with articles 14, 19 and 31. we must examine the application of article 31-a to the forest act.44. any law providing for the acquisition by the state of .....

Tag this Judgment!

Jul 25 2013 (HC)

Ratheesh K.R. Vs. State of Kerala

Court : Kerala

..... and filling up of wet land in wp(c).no.19564/11 & con.cases 20 violation of the kerala conservation of paddy land and wet land act, 2008 and the kerala land utilization order, 1967. a writ of prohibition is sought against respondents 5 and 8 (the state electricity board and its executive engineer ..... a case that there is reclamation by the company without permit under the land utilisation order, 1967 and the kerala conservation of paddy land and wet land act, 2008. further more, it is contended that an under water electric line was laid at a cost of `1.5 crores, which is illegal. there is ..... to be noticed that crz-iv under the 2011 notification, is the water area from the low tide line to 12 nautical miles on the sea ward side and also the water area of the tidal influenced water body from the mouth wp(c).no.19564/11 & con.cases 27 of the water ..... without any clearance from the ministry of environment and forests as per 1991 and 2011 notifications. it is not permitted. the nediyathuruthu island has crz land ward of htl upto 100 metres. the water body is classified as crz-iv. reference is made to conditions in annexure ii of 1991 notification and annexure ..... .48. in karnataka state financial corporation v. n. narasimahaiah and others ((2008) 5 scc 176), the court held that the power under section 29 of the state financial corporation act, 1951 could be exercised only against defaulting concern and not against the surety. the court held, inter alia, as follows: "40. right to property, although .....

Tag this Judgment!

Oct 27 2011 (HC)

Tiny Vs. Jacky

Court : Kerala

..... supervisory jurisdiction, a high court not only acts a court of law but also as a court of equity. it is, therefore, power and also the duty of the court to ensure that power of superintendence must advance the ends of justice and uproot injustice. 63. the ..... and can be used, to meet the ends of justice referring to art.227 of the constitution, it is held in ramesh chandra sankla v. vikram cement ((2008) 14 scc 580) as follows: it can be exercised ex debito juistiae i.e. to meet the ends of justice. it is equitable in nature. while exercising ..... was filed by petitioner and his mother as o.s. no.2881/2006 to restrain forceful eviction from the shop room. the suit was decreed on 16.10.2008 and injunction was granted. the copy of judgment is ext.p4. 4. after about two years, in 2010, 1st respondent made attempts to trespass into the ..... . 79. i also gain support from a decision of the supreme court in eicher tractor ltd v. harihar singh (2008 khc 6970=2008 15 scale 60), to take my view on the issue. the supreme court held in the said decision thus: authority of the court exists for advancement of justice and if any attempt is made to ..... that no man should be subjected to injustice by violating the law. 64. in ramesh chandra sankla v. vikram cement ((2008) 14 scc 58) the supreme court reiterated nature of power under art.226 and 227 thus: from the above cases, it clearly transpires that powers under arts.226 and .....

Tag this Judgment!

Jan 23 2008 (HC)

Federal Bank Employees Union Vs. Federal Bank Limited and anr.

Court : Kerala

Reported in : [2008(117)FLR730]; (2008)IIILLJ75Ker

..... to the introduction of section 11-a. it will frustrate the very legislative intention in enacting that section.6. section 11-a of the industrial disputes act reads as follows:11-a. power of labour court, tribunals, and national tribunals to give appropriate relief in case of discharge or dismissal of workmen: where an industrial dispute relating to the discharge or dismissal ..... would not undertake to re-examine the question of adequacy or inadequacy of material for interference by labour court.12. in jaswant singh v. pepsu roadways transport corporation : (1984)illj33sc , while affirming the award of the labour court ordering reinstatement of the workman, the court imposed the punishment of stopping three increments in the time scale in which he would be reinstated for the ..... aware of the save al principles laid down in the various decisions of this court referred to above. the object is stated to be that the tribunal should have power in cases, where necessary, to set aside the order of discharge or dismissal and direct reinstatement or may ward lesser punishment. the statement of objects and reasons has specifically referred to the ..... limitations on the powers of an industrial tribunal as laid down by this court in indian iron and steel co. ltd. and anr. v. their workmen air 1958 sc 130: .....

Tag this Judgment!

Jun 24 2008 (HC)

Eldho Paul Vs. the State of Kerala

Court : Kerala

Reported in : 2009(234)ELT53(Ker); 2008(2)KLJ593; 2008(3)KLT440; (2008)18VST73(Ker)

..... for consideration is that whether or not hume pipes are 'sanitary fittings' as contemplated by notification issued by the government under u.p. sales tax act. the court while deciding this issue has relied upon the certificates issued by local self government engineering department to show that the hume pipes supplied by the respondent ..... was never used as 'sanitary fittings' since there was no other material produced by the state as against the certificate issued, the court gave relief to the assessee by rejecting the state's appeal. in our view, the decision relied on by the learned counsel for the assessee would ..... 8. sri. vinod chandran, learned counsel for the revenue, while justifying the conclusion reached by the tribunal, draws our attention to the observations made by the karnataka high court in the case of die bold systems pvt. ltd. v. commissioner of commercial taxes (2006) 1444 stc 59 (kar) and siemens ltd. v. commercial tax officer ..... the point of first sale in the state by a dealer liable to tax under section 5 of the act which is the charging provision. the rate of tax is at 4%.15. the apex court in the case of indian aluminium cables ltd. v. union of india (1967) 64 stc 180, after ..... they are understood in the trade by the dealer and customer when goods are marketable. the court has observed, that, to consider whether an item falls within the meaning of an entry of a schedule to an act, it has to be seen whether its qualities would fall in any one of the .....

Tag this Judgment!

Dec 02 2010 (HC)

A.R.Retheesh Chandran. Vs. Sarojini AmmA.

Court : Kerala

..... said conduct of the tenant. 17. apart from the above, the nature of the enquiry that is stipulated by the second proviso to section 11(1) of the act requires the rent control court to enter a definite finding as to whether the denial of title of the landlord by the tenant was bonafide or not. the scope of the enquiry that ..... -tenant raised a plea of denial of title of the landlord. therefore, as provided by section 11(1) of the act, the rent control court first considered the question as to whether the denial of title was bonafide or not. the court found that the denial of title was bonafide and on the above basis held that the rent control petition could not ..... .o. (p) 224/99/lsgd. according to the learned counsel, at present the said area would come within the thiruvananthapuram city corporation wherein the kerala buildings (lease and rent control) act is applicable. accordingly the learned counsel has submitted before court that civil court has no jurisdiction to entertain the suit for eviction of a tenant and the decree passed by the civil ..... could be placed on exts.a17 and a20 judgments for the reason that immediately on the provisions of the rent control act being made applicable to the area, ext.a17 judgment became a nullity, as rightly held by the appellate court. consequently, ext.a17 judgment has been set aside. therefore, the findings and conclusions in the said judgment could not be relied .....

Tag this Judgment!

Dec 11 2008 (HC)

Pepsico India Holdings Pvt. Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (2009)24VST29(Ker)

..... its teething period by selling its products at comparatively cheaper rate as compared to others.(x) in u.p. power corporation ltd. v. sant steels & alloys (p) ltd. : [2008] 2 scc 777 the court took the view that when the state government makes representations and invites entrepreneurs by giving benefits for promoting investing in backward areas or hill areas, and investments are ..... be noted. a construction which requires for its support addition or substitution of words which results in rejection of words has to be avoided. the court cannot aid the legislature's defective phrasing of an act, the court cannot add or mend and by construction make up deficiencies which are left there....(ii) in state of rajasthan v. j.k. udaipur udyog ltd ..... the entire period as specified in the order.(ii) in assistant commissioner of commercial taxes (asst.) case : [1988] 70 stc 59 : [1988] 3 scc 570 the apex court took the view that where persons acted upon the assurance till it was withdrawn or curtailed, government would be bound by the doctrine of promissory estoppel not to go back on the assurance extended ..... , 2000 and after the substitution it reads as follows:s.r.o. no. 1092/99.-in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963), the government of kerala, having considered it necessary in the public interest so to do hereby make the following modification to the exemption granted in clauses .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //