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Madhavan Nair and anr. Vs. Ramankutty Menon and ors.

Court : Kerala

Reported in : AIR1994Ker75

..... preliminary decree was passed on 21-9-1964 on consent of parties for partitioning the properties by metes and bounds. section 5 of the kerala land reforms act came into force on 1-4-1964 and it was only thereafter that the preliminary decree was passed. the 1st plaintiff never raised a defence on the basis of ..... conclusion, the matter was referred to a third judge, eradi j. mainly following a division bench decision of the madras high court in seshayya v. lekshminarasimha raff, air 1930 madras 160 eradi j. held that the mortgage debt would become discharged by adjusting the arrears of michavaram towards the mortgage amount due. it was further held ..... identical question came up for consideration before a division bench of this court in the decision reported in karthiyayani amma v. karthiyayani ilr (1970) 1 ker 10 : (air 1970 kerala 289). in that case some of the co-mortgagors filed a suit for redemption of the mortgage. under the mortgage certain amount was payable as michavaram (residual .....

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... property other than agricultural land, and in that view the legislation was wholly intra vires the decision in 1950 scr 594 = (air 1950 sc 124} concerned the validity of section 9 (1-a) of the madras maintenance of public order act 23 of 1949, which authorised the provincial government to prohibit the entry and circulation within the state of ..... apart for establishing or maintaining such an institution could be taken away in entirety leaving no means for meeting the expenses necessary for the purpose. we see considerable force in this submission but we should think that, so far as rights to property are concerned, the sum-total of the guarantee afforded by the article is ..... of laws for the abolition of the large estates compendiously known as zemindars, estates properly so-called in the terminology of the laws relating to land tenures in force in the various parts of the country. from the point of view of the abolition of the rights of the zemindars, who were really intermediaries between the .....

K.R. Sadasiva Iyer Vs. State of Kerala

Court : Kerala

Reported in : AIR1960Ker327

..... was taken of the travancore education code in t. m. dasius v. state, 1956 ker lt 238 : (air 1957 trav-co. 214) where the learned judge observed as follows : 'it is not a legislative enactment nor has it the force of a statute and it does not confer any right on private school teachers. orders of government in alleged ..... but the notification which was attacked, had the force of law having been issued under s, 3 of the commissionsof inquiry act, 1952. i therefore hold, that the argument based on article 14 ..... have not the force of law, but are merely executive instructions and if so, they do not come within the scope of article 14. the learned counsel referred to the decision of the supreme court in ram krishna dalmia v. justice tendolkar, air 1958 sc 538, in order to contend, that article 14 hits even a notification by government; .....

Ukkan Chakku Thomas Vs. Thomokutty and ors.

Court : Kerala

Reported in : 1952CriLJ658

..... the decisions giving a limited meaning to subjection 3 of section 2 of the contempt of courts act in india are all referred to in a recent pull bench decision of the allahabad high court reported in state v. brahma prakash air (37) 1950 all 558, and except in one of the cases mentioned there jnanendra prasad v. gopal prasad ..... the calcutta high court, dharanidhar singha v. satish chandra air (19) 1932 cal 705 while stating that the argument that sub-section 3 of section 2 prohibits cognizance toeing taken of any offence punishable under the indian penal code is too wide, expressly stated that there was considerable force in the counterargument that it is only contempt's ..... punishable as such under chapter x of the code (e.g., an offence punishable under section 173, i.p.c.,) that are excluded from the purview of the act.no doubt the latter observation was made as 'obiter' .....

Al-ishan School Vs. State of Kerala and ors.

Court : Kerala

Reported in : 2008(3)KLJ699

..... those 'existing schools' as defined in section 2(3) and falling within section 3(4) of the act.92. the act was made because it was deemed necessary to provide for the better organisation and development of educational institutions in the state, providing a varied and ..... ext.p16. instead, the petitioners have approached this court under article 226 of the constitution of india and it is too early for the petitioners to air their grievances against ext.p16 for the first time before this court. denouncing the right of the writ petitioners to relief (b) in the writ petition ..... legislation to provide for the better oreganisation and development of educational institutions in the state of kerala, categorically provides the law that after commencement of that act, the said act and the rules made thereunder, namely, ker provide the provisions for establishment and recognition of private schools whatever little exception, being available only to .....

Augustine Mathai Vs. Appellate Authority and anr.

Court : Kerala

Reported in : (1999)IILLJ314Ker

..... be regarded as a 'commercial establishment' or 'shop' where services are rendered. the principle enunciated by the supreme court and this court will apply with equal force to the facts of the present case where we are concerned with the traditional profession of theology, others being law and medicine, will be stranger than fiction to ..... down by the apex court, we have no hesitation in holding that the church is neither a 'shop' nor a 'commercial establishment' as defined under the act. we agree with the reasoning of the learned single judge and hold that the first respondent was justified in accepting the preliminary objection that the church is not ..... law on the subject held that the first respondent appellate authority was justified in accepting the preliminary objection that the church is not a 'commercial establishment' under the act. the writ petition having been dismissed, the appellant has moved this writ appeal.2. having heard learned counsel on both sides, we are not persuaded to .....

M. Madhavan Pillai Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1965Ker301

..... the locality, as i am holding that the government have not ascertained whether the educational needs of the locality required the sanctioning of the new schools, i think the government acted in violation of the statutory rules governing the matter. if that be so, even if the order is administrative in charactar, i think, i am entitled to interfere with ..... who has a genuine grievance because a consent has been given which prejudicially affects his interests. his interests may be prejudicially affected, not only in regard to light and air, but in regard to amenities also. the one requisite must be mat his grievance must be in-respect of his interest as an owner or lessee of a building ..... was that order is not a quasi-judicial one, and is therefore not susceptible of being corrected in certiorari. an agency bound to apply pre-existing rules, having the force of statute to a situation and arrive at a decision, cannot be said to function in a purely administrative capacity. the norms of a person .....

Mini Samson Vs. State of Kerala

Court : Kerala

..... teachers/government, the loss sustained by w.p.(c) no.17909/2012 4 teachers/government shall be recoverable from the manager under the provisions of the revenue recovery act for the time being in force as if it is an arrear of public revenue due on land, in the following cases, namely- (a) denial of appointment to a qualified thrown out teacher ..... orders. paragraph 9 of the aforesaid judgment reads as under: "9. now, i have to consider whether this power is available to the authorities under any other provisions of the act. so far as the headmaster is w.p.(c) no.17909/2012 3 concerned, r. 65 of chap. xiv a, ker enables disciplinary action to be taken against the headmaster .....

Manoj Pandarakalathil Vs. Kollamthodi Narayanan

Court : Kerala

Reported in : AIR2008Ker132

..... if it were a fine imposed under the 'code'. as per the definition clause in rule 2, 'code' means the code of criminal procedure for the time being in force in the state of kerala. a rule like rule 19(iii) of the contempt of court rules is specifically absent in the kerala high court rules.8. the question which ..... motion, to send it for execution to any subordinate court of competent jurisdiction. sub-section (4) of section 39, which was introduced by the code of civil procedure (amendment) act 22 of 2002, provides that nothing in section 39 shall be deemed to authorise the court which passed a decree to execute such decree against any person or property outside ..... is a 'decree' or 'order' within the meaning of the code of civil procedure. in charanlal v. shri lal bahadur shastri harijan samuhik krishi sahakari sanstha (samit) saliya barodi air 1980 mp 114, the madhya pradesh high court held that an order in a writ petition cannot be regarded as a decree or an order capable of being executed by .....

The Dicector of Postal Services (South) Kerala Circle, and anr. Vs. K. ...

Court : Kerala

Reported in : (1984)ILLJ484Ker

..... ) of the kerala state and subordinate services rules. these rules were originally framed under article 309 of the constitution and thereafter they are continued in force by virtue of the provisions contained in the kerala public services act which again is enacted by the legislature as enabled by article 309 of the constitution. mr. menon's argument is that an employee whose ..... 's relations with its employee. articles 309 - 311 of the constitution of india, the enactments dealing with the defence forces and other legislation dealing with employment under statutory bodies may, expressly or by necessary implication, exclude the operation of the industrial disputes act, 1947. that is a question of interpretation and statutory exclusion; but, in the absence of such provision of law .....