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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 1995 Page 1 of about 11 results (0.013 seconds)

Apr 10 1995 (HC)

T. Krishnan Unni Vs. Chairman and Managing Director

Court : Kerala

Decided on : Apr-10-1995

Reported in : (1996)IILLJ1072Ker

..... are also excluded.8. mr. jayaprakash sen contends that equal pay for equal work is the constitutional mandate and that right cannot be denied to the petitioners. there is no rationale in discriminating against direct recruits and excluding them from the benefit of ext. p1. he relies upon a series of decisions. on the other hand the management contends that ext .....

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Nov 16 1995 (HC)

Food Corporation of India, Alleppey Vs. Alleppey Municipality and ors.

Court : Kerala

Decided on : Nov-16-1995

Reported in : AIR1996Ker241

..... has been divided upon the merits of lord mans-fied's doctrine. but in the latest and most searching study of english quasicontract, coff and jones have accepted as its rationale the principle of unjust benefit or unjust enrichment. this principle 'presupposes three things' first, that the defendant has been enriched by the receipt of a benefit; secondly, that he has .....

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Mar 22 1995 (HC)

Mrs. Aliakutty Paul Vs. the State of Kerala and ors.

Court : Kerala

Decided on : Mar-22-1995

Reported in : AIR1995Ker291

..... official, leave alone it being accepted in the name of the governor. in fact the petitioner never executed the lease deed. in paragraphs 13 and 14, the court explained the rationale and scope of article 299 of the constitution. the court observed in paragraph 14 at page 2153 as follows :'the reason is that the provisions of section 175(3) of .....

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Mar 20 1995 (HC)

Quilon Dist. Private Bus Operators Association and ors. Vs. State of K ...

Court : Kerala

Decided on : Mar-20-1995

Reported in : AIR1996Ker104

..... on a route are not likely to affect adversely the interest of weaker section of the profession because the transport business is bound to be ironed out ultimately by the rationale of demand and supply. in the process only such number of vehicles would finally remain in operation on a particular route as are economically viable. the public oriented approach is .....

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Jan 09 1995 (HC)

S.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...

Court : Kerala

Decided on : Jan-09-1995

Reported in : [1995]84CompCas447(Ker)

t.v. ramakrishnan, j.1. the correctness of the division bench decision in kumaresan (n.c.) v. ameerappa [1992] 74 comp cas 848; [1991] 1 klt 893 which settled the conflict between the two earlier decisions of the two learned single judges of this court was doubted by another division bench in this criminal miscellaneous case and it is thus that the case is before us. in the reference order, the division bench has pointed out that in the light of the decisions in syed rasool and sons v. aildas and co, [1993] 78 comp cas 738 ; [1992] crl lj 4048 (ap), rakesh nemkumar porwal v. narayan dhondu joglekar [1993] 78 comp cas 822 ; [1993] crl lj 680 (bom), voltas ltd. v. hiralal agarwalla [1991] 71 comp cas 273 ; [1991] crl lj 609 (cal) and arjun marik v. state of bihar [1994] 1 klt 33 (sn) (case no. 32), the decision of the division bench in n.c. kumaresan's case [1992] 74 comp cas 848 ; [1991] 1 klt 893 requires reconsideration. the conflict settled by n.c. kumaresan's decision was between the judgment in mahadevan sunil kumar v. bhadran [1992] 74 comp cas 805 ; [1991] 1 klt 651 and the judgment in kuriyan (k.t.) v. sreedharan (k.k.) [1992] 74 comp cas 853 (ker), in n.c. kumaresan's case [1992] 74 comp cas 848 (ker), the division bench has approved the view taken in kuriyan (k.t.) v. sreedharan (k.k.) [1992] 74 comp cas 853 (ker) and has disapproved the view taken in mahadevan sunil kumar's case [1992] 74 comp cas 805 (ker) ; [1991] 1 klt 651.2. before dealing with the point arising .....

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May 30 1995 (HC)

State of Kerala, Represented by the Secretary, Irrigation Department G ...

Court : Kerala

Decided on : May-30-1995

Reported in : AIR1995Ker327

thomas, j. 1. these appeals arise apparently from two different awards passed by the same arbitrator, but they have sprouted from one contract work the amplitude of which grew much wider during the period of its execution. that contract work, with different shades of details, was undertaken by one contractor. when disputes arose between him and the government, such disputes were referred to one arbitrator who passed three different awards upon the same evidence. we find it convenient to deal with these two appeals in one common judgment. the remaining third award was passed by the same arbitrator on certain disputes which sprouted from the same contract work undertaken by the same contractor. but, that is subject matter of another appeal (m.f.a. no. 89/95). after hearing both sides, we deem it more convenient to dispose of the said appeal by a separate judgment. hence we have delinked that appeal from these two. all the same, we may perhaps make some reference to the said appeal also in this judgment. 2. the contract was in respect of a particular work attached to the kallada irrigation project (kip). the tender submitted by the respondent in these appeals was accepted and agreement was executed between him and the government on 9-5-1984. the work was 'formation of left bank main canal of the k.i.p. (from chain 47005 to 48254 -- m)'. it included certain ancillary work such as driving a tunnel etc. while the work was being executed, the state entered into some suppli-mentary .....

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Jun 27 1995 (HC)

T.P. Abdul Majeed Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Jun-27-1995

Reported in : 1996CriLJ781

m.m. pareed pillay, c.j.1. this is a petition for habeas corpus filed by the brother of the detenu t. p. abdul majeed. on 27-6-1992 t. p. abdul majeed (hereinafter referred to as detenu) arrived at the international. airport, trivandrum to receive moidu, who was coming to kerala from dubai. moidu paid customs duty for 3031.6 grams of gold at rs. 66,695/-. the detenu was to receive moidu to help him to convey the duty paid gold to coimbatore as directed by one shaffi. moidu had concealed 2869 grams of gold in the form of two sheets, which were later on detected by the officials of the respondents. relying on the statement of moidu detenu was also arrested and his statement was obtained. detenu has retracted from it later.2. detenu was arrested on 26-6-1992 and he was later released on bail. on 17-2-1993, the deputy collector of customs passed adjudication order (ext. p4) dropping the proceedings against the detenu. in ext. p4 the deputy collector arrived at the conclusion that the detenu could not be involved in concealing gold by another passenger who came from abroad and that there are no incriminating circumstances against him. on 18-1-1995 the detenu was arrested under the conservation of foreign exchange and prevention of smuggling activities act, 1974. grounds of detention were also furnished to him. detenu submitted representation against ext. p5 order. his representation was rejected.3. the stand taken by the petitioner is that exts. p5, p6, p8, p9 and p10 are illegal, .....

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Dec 11 1995 (HC)

Aravind Ramakant Modawdekar and ors. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Dec-11-1995

Reported in : AIR1996Ker195

thomas, ag. c.j.1. when the original petitions were filed the initial target was the steep rise in the tax amount imposed by the government on 'contract carriages'. but eventually petitioners restricted the scope of their challenge to the two tier tax rates fixed on contract carriages -- one for those operating service entirely within the state of kerala and the other for those conducting service both within and outside the state. the former class of contract carriages is described as 'intra-state service' for convenience and the latter class as 'inter-state service'. the same expressions can appropriately be used by us also in this judgment. tax in respect of intra-state service is rs. 500/- per quarter per seat while for the other it is just double of it. this differentiation is attacked as violative of article 14 of the constitution.2. learned single judge dismissed all the original petitions on the ground that the said classification has an intelligible basis and that there is a nexus between the differentia and the object of the taxation. in other words, learned single judge upheld the validity of the two tier tax measure imposed on contract carriages. owners of contract carriages who filed the original petitions have filed these appeals in challenge of the said judgment.3. learned counsel for the appellants contended that even if the classification made between intra-state and inter-state service has any perceptible differentia it has no rational nexus with the object .....

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Feb 24 1995 (HC)

George Kokkattumundayil Vs. Joint Registrar of Co-operative Societies, ...

Court : Kerala

Decided on : Feb-24-1995

Reported in : AIR1996Ker26

order1. these are three petitions practically dealing with identical contentions. although the first petition (o.p.1019/1995) is by the petitioner farmer and the other two petitions (o.p. nos. 1174 and 2463 of 1995) are by the dealers in agricultural machineries, apart from other technical contentions and questions raised and involved, the main issue is whether the circular-dated march 30, 1989 by the registrar of co-operative societies, trivandrum and similar consequential directions issued by the concerned departments of co-operative societies of other concerned districts is an infringement of the fundamental right guaranteed under article 19(1)(g) of the constitution of india or in the nature of a reasonable restriction justifiable under article 19(6) thereof.2. illustratively the petitioner in o.p. no. 1174/1995 is a dealer at kasaragod in agricultural machineries such as pump sets, sprayers etc. the petitioner deals in isi marked articles. he is the president of the kerala agro machinery dealers association formed for the purpose of promoting the common cause and therefore the petition is filed in individual as well as representative capacity.3. similarly the same petitioner in the same capacity has a grievance confining to kannur district whereas the petitioner in the third petition (o.p. 1019/1995) is a small scale farmer having his agriculture at aralam village in iritty.4. the concerned district co-operative bank undertakes schemes for disbursement of loans to .....

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Jul 26 1995 (HC)

Ganeshan Vs. State of Kerala

Court : Kerala

Decided on : Jul-26-1995

Reported in : (1996)ILLJ1142Ker

k.k. usha, j.1. petitioner was granted appointment as lower division typist in the agricultural income tax and sales tax department, thrissur district under ext.p5 order dated june 18, 1994 subject to the conditions contained in the relevant government orders. thereafter the petitioner made a representation for granting him a category change as lower division clerk. this request was rejected under ext.p9 order dated february 25, 1995, which is under challenge in the original petition.2. petitioner's father g. subramanian potty died in harness on february 23, 1992 while working as sales tax officer under the service of the 1st respondent. the petitioner thereupon submitted an application to the 1st respondent on may 22. 1992 for appointment under the dying in harness scheme. he had passed degree examination at the time of application. his request was to appoint him as an assistant sales tax officer. the representation was returned under ext.p1 letter pointing out that under g.o. (p) no. 20/92/p&ard; dated april 10, 1992 appointment under dying-in-harness scheme is limited only to lower cadre. the petitioner was directed to submit a fresh application for eligible post. thereupon the petitioner submitted ext.p2 representation requesting for appointment as asst. sales tax officer or as lower division clerk. it is alleged by the petitioner that the government had taken a decision on his application on may 13. 1993 to appoint him as lower division clerk, but no formal orders .....

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