Court : Kerala
Reported in : AIR1993Ker262
..... area an independent expert body should visit the place and submit a report. the project was not discussed at all before the task force. the 8th five year plan and task force report on forestry and wildlife were not considered in the finalisation of the project report. petitioners have a further contention that there are ..... /1992 apart from similar contentions taken in the other original petitions there is an additional contentiop against the acquisition of petitioners' rubber plantation under the land acquisition act. 3. petitioners contend that the proposed project for biological park would result in denudation of forest in the state of kerala, that it would amount to violation ..... required for execution of time-bound civil works invocation of emergency power under section 17(4) of the land acquisition act cannot be held to be arbitrary or illegal. in ratilal v. state of gujarat, air 1970 sc 984, the apex court held:'where there is a declaration under section 6 that the land proposed to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1980Ker40
..... emphasised that the partition suits in which the plea of tenancy was raised by the petitioner was of the year 1967, and that act 35 of 1969 which amended the land reforms act 1 of 1964 came into force only on 1-1-1970, which created rights on the basis of which the plea of tenancy was raised. it was argued ..... 324 at p.331). it was statedthat res judicata prohibits the courtfrom entering into an enquiry at all asto a matter already adjudicated upon.in pandurang v. maruti, (air 1966 sc153 para 10), the supreme court statedthat the plea of res judicata concernsthe jurisdiction of the court and thatit ousts the court's jurisdiction todecide the matter which had ..... relating to procedure.17. we may next refer to a decision of a division bench of this court in kunheema umma v. p. balakrishnan, 1967 ker lt 629: (air 1967 ker 97). the learned judges there pointed out the essential distinction between an inherent want of jurisdiction and an irregular exercise of jurisdiction- it was pointed out that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker267
..... on by,-- (i) the central government or a state government; (ii) any road transport corporation established under section 3 of the road transport corporations act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the central government or one or more state governments, or by the central ..... given to applications for permits from stage carriage undertakings and then to co-operative societies registered or deemed to have been registered under any enactment in force. from this provision it is abundantly clear that the legislature was aware of the existence of the co-operative societies in contradiction to state transport ..... at page 85 (of air):'the co-operative societies are not created by the co-operative societies act and they are not statutory bodies. they are only functioning in accordance with the provisions of the act. these institutions would have legal existence even if the co-operative societies act was not in force. moreover, the government .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker298
..... is not indicative of conduct justifying an inference that a fresh contractual tenancy had come into existence. within the meaning of the west bengal premises rent control act 1950 the appellant was a 'tenant' and by calling the appellant a tenant the respondents did not evince an intention to treat him as a contractual tenant. the ..... substantially and permanently unfit for the purpose for which it was let, by fire, tempest or flood or violence of any army or mob or other irresistible force, the pattam may be proportionately reduced if the part so destroyed or rendered unfit is unconditionally surrendered by the verumpattamdar to his lessor.(2) where, cocoanbt is ..... the individual in his private capacity, which may be dispensed withwithout infringing any public right or public policy.'in vellayan chettiar v. government of province of madras, air 1947 pc 197, the judicial committee of the ?rivy council held :'there appears to their lordships to be no reason why the notice required to be given .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ659
..... are sought for are to be separately stated under the head of statement of facts and grounds in terms of practice and procedure and the rules in force. it is a matter, not only of convention, but of abundant necessity in all jurisdictions including writ jurisdiction, that the pleadings are whetted to ensure ..... made. the statement of facts in this writ petition contained five numbered paragraphs. in ground b, the petitioner, after stating that the lok ayukta ought to have acted on his interlocutory application by invoking 'jurisdiction in a fair, just, reasonable, systematic and scientific manner, for upholding the principles of fairness, reasonableness and transparency in ..... and the 2nd respondent had even taken cognizance upon the complaint which was not even maintenance and contrary to the provisions of the kerala lok ayukta act and its rules and made unsustainable and baseless comments in the form of orders against the petitioner finding prima facie case against the petitioner in the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker156
..... .11. clause (e) of section 108 is in the following terms:--'if by fire, tempest or flood or violence of any army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of ..... lessor and lessee. there is a provision therein to the effect that if by fire, tempest or flood, or violence of an army or of a mob on other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the lease shall, at the option ..... though under section 4 of the t. p. act, the chapters and sections of the said act relating to contracts are to be taken as part of indian contract act, that does not mean that the provisions of the contract act are to be read into the t. p. act. see dhruv dev v. harmohinder singh (air 1968 sc 1024). as this decision lays down there .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... government treasury. to that extent, item 16 extracted page 224 of the judgment is not accepted. all the audit objections ever since the guruvayur devaswom act came into force, are still pending. no action is taken thereon. the commissioner as also the managing committee abdicated their duties enjoined by the statute and were thoroughly ..... of the managing committee. this aspect was not gone into in the full bench decision reported in narayanannamboodiri v. state of kerala, 1985 ker lt 629 : (air 1985 kerala 160). article 26 of the constitution, in the light of the amended preamble, requires a different interpretation, says counsel. these and other aspects require ..... proceeded to again give the same direction. this the division bench was clearly not entitled to do.'in forward construction co. v. prabhat mandal (regd.), andheri, air 1986 sc 391 at page 398, dealing with the question whether the principle of res judicata applies to public interest litigation, the court stated thus : '....... .in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
..... by the kerala state pollution control board in consultation with the central pollution control board under section 17(1)(i) of the air (prevention and control of pollution) act, 1981 as 400 micro gram/m3 (24 hours average), the annual average shall also not to be exceeded. this is ..... moral, political or philosophical convictions, they invariably entail calls for practical measures for environmental protection or improvement. environmental pressure is applied through the diverse forces which shape public and individual opinions to redirect industry, commerce and personal lifestyles into a more environmentally benign course. clearly, enhancing awareness and ..... a committee constituted by the district collector, ernakulam with representatives from the cochin port trust, navy, southern railway, civil aviation, department of police, fire force, health department, neeri and fact had submitted itsd report on the ammonia storage tank at willingdon island on 15th november, 1985 and that the committee .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker244
..... 'premises' occurring in section 2 (8) of the west bengal premises rent control (temporary provisions) act, 1950, west bengal act 17 of 1950, which was the subject of consideration in three division bench decisions of the calcutta high court, namely air 1951 cal 126; air 1953 cal 149 and (1964) 68 cal wn 1136, to which decisions, we have already made ..... of the nature of the legislation in the sister states. for example, in bombay, the bombay rents, hotel and lodging house rates control act, 1947, is in force. section 5, sub-section (8) of that act defines the expression 'premises'. but it is necessary to state that under sub-clause (iii) of clause (b) of sub-section (8 ..... made, the kerala buildings (lease and rent control) amendment act, 1961, act 29 of 1961, had come into force, amending the original act of 1959. the amendment act was published on 31-8-1961 though it is seen, that the act itself was to take effect from the date of the parent act, namely 3-4-1959. in consequence, the lessee, .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... promulgated with effect from 17th june, 1959 repealing the travancore cochin buildings (lease and rent control) act. 1950 and also the madras (lease and rent control) act as in force in the malabar district referred to in section 4 of the states re-organisation act, 1956. section 11 of the ordinance deals with eviction of a tenant but it had only sixteen ..... the composite perception of the deha and the dehi of the provision.to quote chinnappa reddy, j. in reserve bank of india v. pearless general finance and investment co. air 1987 sc 1023, 'interpretation must depend on the text and the context. they are the bases of interpretation. one may well say if the text is the texture, ..... refer to one of the earliest decisions on this point, of the privy council and to quote sir george rankin ilm cadija umma v. s. don manis appu air 1939 pc 63 p. 65,a phrase having been introduced and then defined the definition prima facie must entirely determine the application of the phrase; but the definition must .....
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