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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 1990 Page 1 of about 10 results (0.019 seconds)

Jul 31 1990 (HC)

Abdul Rasheed Vs. K.S.R.T.C.

Court : Kerala

Decided on : Jul-31-1990

Reported in : (1991)IILLJ485Ker

..... .3. classification as such is not altogether forbidden by articles 14 and 16 of the constitution. the oft repeated rule is that the classification must be based on an intelligible rationale having a nexus with the object sought to be achieved. in the impugned regulations the classification is apparent as between degree holders and diploma holders. one cannot contend that a .....

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Feb 19 1990 (HC)

Philippose Cherian and anr. Vs. T.A. Edward Lobo and anr.

Court : Kerala

Decided on : Feb-19-1990

Reported in : 1991ACJ634

..... discharge of public duty by an officer who is authorised and is an accredited agency appointed for the purpose. [vide brij mohan v. priya brat air 1965 sc 282]. the rationale is that when a public servant makes it himself in discharge of his official duty, the probability of its being truly and correctly recorded is high. what entry, in a .....

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Feb 19 1990 (HC)

Philippose Cheiran and anr. Vs. T.A. Edward Lobo and anr.

Court : Kerala

Decided on : Feb-19-1990

Reported in : II(1991)ACC585

..... the discharge of public duty by an officer who is authorised and is in an accredited agency appointed for the purpose (vide brij mohan v. priya brat : [1965]3scr861 ). the rationale is that when a public servant makes it himself in discharge of his official duty, the probability of its being truly and correctly recorded is high. what entry, in a .....

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Nov 08 1990 (HC)

Mohan Kumar Vs. Dy. Labour Commissioner

Court : Kerala

Decided on : Nov-08-1990

Reported in : [1991(62)FLR258]; (1993)IIILLJ112Ker

..... . the supreme court decision is nearest to the facts of our case, and it squarely applies to a case of lay-off compensation paid to workmen. following the reasoning and rationale of that decision, and giving importance to the wide inclusive definition of 'salary or wage' under section 2(21) of the act, i hold that lay-off compensation should be .....

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Jan 15 1990 (HC)

Janardhanan Vs. Syamala Kumary

Court : Kerala

Decided on : Jan-15-1990

Reported in : II(1990)DMC128

..... the act bringing section 13b of the act on the statute book, that two souls can mutually agree to part from each other amicably without bitterness and without acrimony'. the rationale adopted by the learned single judge is that section 23(1)(c) was thereon the statute even before the insertion of section 13b and hence the parliament would have lost .....

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Nov 15 1990 (HC)

Travancore Chemical and Manufacturing Company Ltd. and ors. Vs. State ...

Court : Kerala

Decided on : Nov-15-1990

Reported in : [1991]81STC313(Ker)

k. sukumaran, j.1. dealers in diverse goods have come to the constitutional court seeking the striking down of section 59a in the kerala general sales tax act, 1963. the goods in which they deal range from bread, bun and horlicks to volatile oil, cosmetics and shampoos and imitation jewellery. even odd goods like tarpaulin, power line carriers, communication equipments, nylon fish nets, copper sulphate, microscope, battery plates and the like are arrayed in the list. many cases have been disposed of without a pronouncement on the crucial question of constitutional validity, they could be so disposed of : for, the court, on an examination of relevant facts and factors, found that the governmental declaration under the impugned section was in tune with the correct legal position. such decisions cover importex international (p) ltd. v. state of kerala [1991] 81 stc 351 infra ; (1990) 2 klt 487 and rajan v. state of kerala [1991] 81 stc 330 infra ; (1990) 2 klt 511 ; in some others, the declaration was found to be totally unsustainable, and accordingly invalidated.2. a residue of cases in a grey area, in a twilight zone as it were, still remains. the question has to be discussed and decided upon. judicial atrophy is counter-productive.3. a challenge to the very section was raised before a bench consisting of paripoornan and jagannadha raju, jj., which examined threadbare the section in its analytical highlight and operational potency. the division bench could not, however, .....

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Apr 10 1990 (HC)

R. Madhavan Assari Vs. Kerala State Small Industries Development and E ...

Court : Kerala

Decided on : Apr-10-1990

Reported in : (1992)IILLJ341Ker

ordert.l. viswanatha iyer, j. the petitioner is now working as charge hand in the wood workshop at kollakkadavu, mavalikkara, of the first respondent, the kerala state small industries development and employees corporation. he joined the corporation as a machine operator on july 9, 1970. he was borne in the category of worker when he was promoted as chargehand by the proceedings ext. p2 dated september 11, 1978 (vide paragraph 2 of the counter affidavit filed on behalf of the first repsondent). he has been functioning as chargehand since september 19, 1978. respondents 2 and 3 are junior to him, as is evident from the seniority list ext. p3. petitioner is now borne in the revised pay scale of rs. 330-515, drawing a basic pay of rs. 378/-.2. respondents 2 and 3 were promoted as chargehand in the years 1981 and 1982, long after the petitioner. several other juniors of the petitioner have also been promoted as chargehand after his promotion as such. however and despite their later promotions, these juniors are drawing higher basic pay than the petitioner. thus while the petitioner is getting a basic pay of rs. 378/- respondents 2 and 3, who were promoted three/four years after him, and working in the same category as chargehand, are drawing higher basic pay of rs. 470/- and 452/-respectively. petitioner brought this anomaly to the notice of the first respondent by his representations exts. p4 and p5 with prayer for redress. but his prayer stood rejected by the proceedings ext. .....

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Apr 10 1990 (HC)

M. Muraleedharan Nair Vs. State of Kerala and ors.

Court : Kerala

Decided on : Apr-10-1990

Reported in : AIR1991Ker25

k.a. nayar, j. 1. the short question arises for consideration in this original petition is whether the hindu m. l. as. had to give a declaration that they believe in god and temple worship before exercising their right of electing a person to the travanecore-cochin devaswom boards and further whether a hindu has to declare that he believes in god and temple worship before getting nominated to the devaswom boards.2. vacancies having arisen in cochin and travancore devaswom boards, the second respondent, shri. k. k. sunkara gunakan, a retired district judge, as authorised person under sections 5 and 64 of the travancore-cochin hindu religious institutions act issued a notice dated 13-6-1.989 to all hindu m. l. as. of the state of kerala to attend a meeting to be held between 9.30 a.m. and 12 hours on 6-7-1989 at the durbar hall, government secretariat, trivandrum for the purpose of electing a member each to the travancore and cochin deveswom boards, it is mentioned in that notice that if there be a contest, pulling shall be held immediately thereafter and results declared on the same day. nomination papers had to be presented to him between 10 a. m. and 12 hours at the durbar hall on 4-7-1989 and the same will be scrutinised at 3 p. m. on the same day. the election, if required, it is stated, will be held according to rules mentioned in schedule ii copy of which was also unnexed. in the schedule annexed r. 3(b) is given as follows:'3(b) the person nominated shall affix his .....

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Mar 14 1990 (HC)

M.B. Prabhakaran Vs. Registrar of Co-operative Societies and ors.

Court : Kerala

Decided on : Mar-14-1990

Reported in : [1991]71CompCas523(Ker)

k. sreedharan, j.1. the petitioner is a dealer in pump sets, sprayers and other agro machineries. the second respondent, regional agro industrial cooperative limited (raidco), is also dealing in agricultural machineries like the petitioner. the first respondent, the registrar of cooperative societies, by exhibit p-2, circular no. 18/89, dated february 30, 1989, directed all land development banks, district co-operative banks and service co-operative banks in the state to patronise raidco in preference to private dealers. by this circular, according to the petitioner, agriculturists who are granted agricultural loans as per the scheme evolved by nabard (national bank for agricultural and rural development) are required to purchase agro machineries manufactured and marketed through second respondent. it is thus interfering with his fundamental rights to carry on business guaranteed under article 19(1)(g) of the constitution. it is also contended that the first respondent by exhibit p-2 illegally preferred second respondent to private dealers in agro machineries outside cooperative sector and consequently violates the provisions contained in article 14 of the constitution. yet another argument advanced by the learned counsel representing the petitioner is that the registrar of co-operative societies has no power to issue a circular like exhibit p-2 interfering with the rights of loanees of agricultural loans from co-operative banks and societies to purchase pump sets of their .....

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Oct 10 1990 (HC)

Nelliampathy Tea and Produce Co. Ltd. Vs. Commissioner of Agricultural ...

Court : Kerala

Decided on : Oct-10-1990

Reported in : [1991]190ITR227(Ker)

k.s. paripoornan, j. 1. at the request of an assessee to agricultural income-tax, the commissioner of agricultural income-tax, trivandrum,has, by order dated april 25, 1986, referred the following question of law for the decision of this court : 'whether, on the facts and in the circumstances of the case, the proceedings of the commissioner of agricultural income-tax, trivandrum, under section 34 of the agricultural income-tax act, by his order dated february 28, 1982, in respect of the assessment year 1969-70, after the lapse of about ten years, is barred by limitation of time and whether the commissioner of agricultural income-tax has power under section 34, after the lapse of about ten years, to direct the assessing authority to make a revision of assessment originally completed on april 25, 1972 ?' 2. the applicant is an assessee to agricultural income-tax. it is a public limited company. the respondent is the revenue. we are concerned with the assessment year 1969-70, for which the accounting period ended on june 30, 1968. the original assessment for the year 1968-69 was completed on march 26, 1969, and for the year 1969-70, it was completed on april 25, 1972. an amount of rs. 57,419 which was received by the company during the year 1969-70 towards the value of coffee pooled during the years previous to this year was excluded from assessment for 1970-71, treating the amount as income related to the accounting year relevant to the assessment year 1969-70. it was not .....

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