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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Sorted by: old Court: kerala Page 1 of about 25 results (0.039 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 .....

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Mar 13 2007 (HC)

Chenthamara Vs. State of Kerala

Court : Kerala

Reported in : 2008(3)KLJ375; 2008(4)KLT290

..... get in touch with the external portions of the female genital organ like labia majora etc. according to me, it is such process of 'penile-accessing', which the supreme court and this court described as, 'penetration into labia majora, pudendum, vulva' etc., in the decisions cited above. this is the type of 'penetration' which is referred to in the explanation ..... , by the peculiar language in the explanation to section 375 ipc, even though ordinarily, penile-vaginal entry is an inevitable requirement for sexual intercourse.19. the supreme court and various high court of this country, have made clear the import of the peculiar language in the provision and those are reflected in their various decisions. though not in so many ..... conviction and sentence in this revision.4. learned counsel appearing for revision petitioner vehemently contended that the conviction of attempt to rape is totally unsustainable, since both trial court as well as appellate court held that there was no 'penetration' or even 'partial penetration' into the vagina. 'penetration' is an essential ingredient of section 375 ipc, but there was no ' ..... sufficient to constitute sexual intercourse necessary to the offence of rape.32. still, both the courts below held that prosecution failed to prove 'penetration'. this led to the further mistake in holding that the act committed amounts to an attempt to rape only. in fact, the act committed in this cases, constitutes offence of rape itself, as defined under section 375 ipc .....

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Jan 01 2008 (HC)

John C.V. Alias John Peruvanthanam Vs. State of Kerala and ors.

Court : Kerala

Reported in : 2008CriLJ1305

..... 2007 cri lj 3729. even though a different note has been struck in a two-judge bench decision of the supreme court in rajinder singh kotoch v. chandigarh administration 2007 (4) klt 877 : 2008 cri lj 356 (sc) conceding to the officer-in-charge of a police station the freedom to conduct a preliminary enquiry ..... vested in the state and by permitting him to cut trees from the said land, an offence punishable under section 84 of the kerala forest act was committed. savy mano mathew had already cut trees from the land in question and the forest department had also registered cases against him. so ..... any. any person who trespasses upon reserved forest and cuts or fells any trees therefrom clearly contravenes section 27(1)(e)(iii) of the kerala forest act, 1961 and punishable with imprisonment for a term which may extent to 5 years and with fine which may extent to rs. 5,000/ - in ..... me:even if the entire 268.872 hectares of land have vested in the state under the ecologically fragile ordinance which was subsequently replaced by an act of the legislature, when the land includes an estate in which about 350 workers are employed, the labour minister was only requesting the forest minister ..... (vesting and management of ecologically fragile land) ordinance 6 of 2000 which was subsequently replaced by the kerala forest (vesting and management of ecologically fragile) act, 2003 which was published on 8-6-2005 and which came into force with retrospective effect from 2-6-2000 that is, the date from which .....

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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: .....

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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 .....

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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 .....

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Aug 20 2009 (HC)

L.i.C. of India Vs. Dr. Chandy Joseph

Court : Kerala

Reported in : 2009(3)KLJ165

..... could be paid to the plaintiff on humanitarian considerations, the lic should also avoid using such complicated terms and conditions in their contracts which even the courts find it difficult to decode so that every applicant is able to understand the impact of each and every clause in the contract without any assistance from ..... 28.10.1993 is the date of policy and the resultant decree passed on that basis cannot be sustained. the judgment and the decree passed by the court below are accordingly set aside and the suit will stand dismissed.16. in the result, this appeal is allowed as above. however, having regard to ..... accepted by the insurer and the acceptance is communicated to the applicant. in lic of india v. r. vasireddy air 1984 sc 1014, the apex court observed as follows:a contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his ..... of issue of the policy was 8.2.1994, which is the date which ext.a1 policy bears. the date of its maturity was on 28.10.2008. as per clause 11(b) of ext.a1 policy, benefit b of the policy schedule, could be availed by the insured (plaintiff) on the occurrence ..... (so that premium will be lower), availing income tax rebate for maximum premium amount in the particular financial year etc. under section 45 of the insurance act date on which the policy of insurance (contract of insurance) becomes effective shall be the date of accepting the proposal from which date alone the risk .....

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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 .....

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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 .....

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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 .....

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