Reported in : 2008(2)KarLJ695
.....the fifth respondent.7. the sixth respondent, in his counter, inter alia, contended as follows: the petitioner has deliberately suppressed material facts in the writ petition. the petitioner has been working at medical college, thiruvananthapuram for the last seven years and nine months continuously from 28-7-2000. the averments in the writ petition are totally misleading and they were made to make it appear that the petitioner was posted in the medical college, thiruvananthapuram for the first time only on 25-8-2005 and that he has not completed three years of service in that station. after showing the relevant details, it is stated that the petitioner is having fifteen years of home-station service at medical college, thiruvananthapuram, including the present continuous service for about eight years. the petitioner has only two years three months and four days of outstation service out of his total service of seventeen years. after issuing ext.p3 and considering ext.p4 representation submitted by the petitioner, the director of medical education made his recommendations and the department has prepared a very detailed note in the matter. the note file is produced as ext.r6(e)......
Tag this Judgment! Ask ChatGPTReported in : 2008(2)KLJ869
.....as per orders of the government. the government issued g.o.(ms). no. 24/2006/td dated 1-3-2006. by the said order the government took note of the fact that the managing director of the kerala state beverages corporation had reported that there are 689 daily wage employees in the corporation who are covered under the employees provident fund scheme and the contribution of 12% of the wages which are otherwise paid to the employees has been incurred by the corporation and that if the daily wage employees are covered under the abkari workers welfare fund scheme, they will be discontinued from the employees provident fund scheme. the managing director further brought to the notice of the government section 2(a) of the abkari workers welfare fund act, which provides that any person who is employed on daily wages in the liquor business is an abkari worker and a worker who completes three months of continuous service is entitled to be registered as a member of abkari workers welfare fund scheme. taking note of these facts and with an intention to bring the said workers under the benevolent provisions of the abkari workers welfare fund scheme, the following directions were issued in.....
Tag this Judgment! Ask ChatGPTReported in : (2009)226CTR(Ker)267; [2009]309ITR256(Ker)
.....after hearing the parties, we do not find any justification to restore the matter again to the tribunal for reconsideration because of the following facts:the assessee, the proprietrix of two shops dealing in brass and metal articles, claimed transfer of vessels to the value of rs. 2,21,059 from her proprietary shop to the another business concern which is a kalyanamandapam maintained by the assessee. the department conducted a survey in the assessee's premises on june 29, 1992. the assessee's manager gave a statement to the effect that the goods stated to have been transferred by the assessee to the kalyanamandapam were not in fact transferred and the articles were not found there. based on this evidence, the assessing officer verified the books of account. the assessee was found to be not maintaining proper bills or vouchers for the purchase or sales. consequently, the transfer value accounted by the assessee was taken as unaccounted sale and the assessing officer consequently disallowed the loss claimed by the assessee. even though, in the first appeal, the assessee succeeded, the tribunal, on further appeal by the department, reversed the order of the appellate authority and.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009Guj39; (2008)3GLR2185
.....to the submissions of the petitioner, the provisions contained under chapter x-b of the act, are therefore, applicable to it.3. so far as the facts relevant for present purpose are concerned, the petitioners have come out with the case that the respondent no. 3, being an urban co-operative bank, is governed by the provisions contained under chapter x-b of the act, and more particularly by provisions under section 115-j which, according to the submissions of the petitioners, has overriding effect over other provisions of the act, rules and bye-laws of the bank. the petitioners have stated that the term of the executive committee of the respondent-bank has expired on 31-3-2008, and that therefore, there is no power, as per the provision applicable to the respondent no, 3-bank, empowering or authorising the members of the executive committee to continue to hold in office even after the expiry of their term. the petitioners have further narrated, in the petition, history of certain past incidents which resulted into litigation in form of lavad suit nos. 476 and 477 of 2005 wherein judgment came to be delivered on 8th may, 2008. it is the case of the petitioners that the.....
Tag this Judgment! Ask ChatGPTReported in : (2008)2GLR1833
.....the meeting may be deferred until the proceedings before the designated authority are concluded. mr. patel also made some effort to distinguish the facts of present case from the facts involved in spl.c.a. no. 6584 of 2008, however after some time he dropped the said attempt. he then submitted that considering the facts of the case, and more particularly the fact that the president and other six members are facing proceedings under disqualification act, it would be just and proper if appropriate directions imposing certain restrictions as regards the business which may be transacted during the meetings and/or against the said persons are issued.5. it appears that the respondent no. 1 was influenced by the submission that proceedings under disqualification act are pending against the petitioner and other six members of siddhpur nagarpalika, and that therefore, the meeting ought not be permitted as a result of which the said members can be, indirectly restrained from participating in the meeting and from exercising their rights as elected members of the nagarpalika, and he, under such belief, appears to have passed the said order. as a result of the impugned order, the meeting of.....
Tag this Judgment! Ask ChatGPTReported in : (2008)5MLJ1073
.....medical college19981277/9725.3.2004failed in tnpsc9 12031/2004-do--do--do-1905/97interim injunction dated 23.8.2004 for 12 weeks 5. the admitted facts in these writ petitions are that the petitioners' names were initially sponsored by the employment exchange and they were appointed by the respective competent authorities. their services were continued without any break. subsequently, when similarly placed employees moved the government, it conducted special qualifying test in consultation with the tamil nadu public service commission [for short, 'tnpsc']. the private individuals in these cases had participated in the special qualifying test but were not successful. therefore, when their services were sought to be terminated, they moved the tribunal with various original applications. in this group of cases, while in one set of cases, the tribunal granted relief directing their regularisation, in the other set of cases, the tribunal refused to grant any relief. 6. pending the writ petitions, this court has granted interim orders in favour of the present individuals. by virtue of the same, they are continuing in service and in this process, they had put in nearly two decades of.....
Tag this Judgment! Ask ChatGPTReported in : (2008)5MLJ1158
.....done by doing malpractice, accepting bribes or totally against the rules or unqualified candidates are appointed, the same can be corrected. in the facts of that case, it was found that there was no allegation of malpractice nor was there any allegation that an unqualified candidate was appointed.para 23: we have already referred to above, that the cases of malpractice cannot be equated with a case where a person had been appointed by an authority competent to appoint and there is substantial compliance of the rules and regulations. therefore, the decision rendered by the kerala high court must be held to be distinguishable.para 27: from these principles, it is clear that the instructions which give unfettered powers to the higher authority, therefore, cannot be sustained.8. after having held the said legal position, the cat also took note of the amendment made in the year 2003 to the gds (conduct and employment) rules, 2001 providing specifically for review of appointment made by the lower authority, by the superior authorities and stated that henceforth, such reviews are permissible in case of irregular appointment. in fact, this decision of the full bench is under challenge.....
Tag this Judgment! Ask ChatGPTReported in : (2008)IIILLJ694Mad; (2008)5MLJ238
.....on the other writ petitions.4. before venturing into the legal issues raised in these writ petitions, it is necessary to briefly refer to the factual aspect of each of the writ petition.4.1. in w.p. no. 17802 of 1994, there was a dispute between the petitioner and the contesting respondent regarding seniority and promotion and when the seniority list dated 11.11.1984 was published. aggrieved by the said list, the first respondent filed a petition under section 90 of the tamil nadu co-operative societies act, 1983 in july 1991. the said dispute was taken on file by the deputy registrar of co-operative societies, coimbatore (11th respondent) and the said dispute was allowed by an order dated 31.8.1994. as against the said order, the co-operative society filed an appeal under section 152 before the co-operative tribunal. but even during the pendency of the same, the aggrieved private respondents moved this court challenging the proceedings of the arbitrator. this writ petition was admitted on 26.10.1994.4.2. w.p. no. 10161 of 1995 is filed by three employees of the co-operative societies against the order of the first respondent deputy registrar in entertaining a petition.....
Tag this Judgment! Ask ChatGPTReported in : (2008)5MLJ226
.....discrimination made only on grounds of residence.(b) the word 'only' found in article 16(2) gives a scope for special classification based on other factors, such as social, cultural and linguistic features.(c) the judgment of the supreme court in kailash chand sharmas case (cited supra) and harshendra choubisa's case (cited supra) do not prohibit special classification based on region or area.(d) the union territory of puducherry comprised of four geographical regions. pondicherry and karaikkal are situated within the tamil nadu state and while mahe is situated in kerala state, yanam is in andhra pradesh. while in the first two areas, tamil is the language, in mahe, it is malayalam and yanam, it is telugu. the custom of each region is different from one another. therefore, the government of puducherry can make residential requirement as a pre-condition for any employment.(e) the union territory of puducherry was ceded by the republic of france on 21.10.1954 and these french establishments came to be administered w.e.f. 16.8.1962 by the pondicherry administration act, 1962. under section 4(2) of the said act, the central government has been given the power within three years to.....
Tag this Judgment! Ask ChatGPTReported in : 2008(5)MhLj1504
.....to worship therein, the consciousness of the manager and the consciousness of the devotees themselves as to the public character of the temple are factors that go to establish whether a temple is public or private.15. learned counsel appearing for the appellants also relied on the decision, board of commissioner, h.r. & c.e., madras v. sama rao reported in 67 lw 789. as per this decision rendered by a learned single judge of this court, under section 9, burden lies upon the party, who claims the temple to be public one to prove the requirements of the definition.16. however, it is not in dispute that the aforesaid decision is not applicable, after the amendment of tamil nadu h.r & c.e., act, 1959. in hindu religious and charitable endowment (a) department v. n. sivarawajan nadar reported in 2001 (2) ctc 513, this court has held that under section 6(20) of the tamil nadu hindu religious and charitable endowment act, 1959, onus of proof lies on the person alleging that the temple under consideration is private temple and not a public temple. it is not in dispute that the appellant / plaintiff has filed the suit, claiming the suit temple as a private temple belongs to the first.....
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