Court : Kerala
Reported in : AIR2003Ker373; III(2003)BC454; [2003]117CompCas227(Ker); 2003(3)CTC111; 2003(2)KLT973; [2003]47SCL344(Ker)
..... with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so.' 38. in the present case, the legislature has ..... the provisions of the statute, their lordships of the supreme court in union of india v. delhi high court bar association, air 2002 sc 1479 were pleased to observe as under in paragraph 24:'24. the manner in which a dispute is to be ..... civil court passed an order on 20th september 1994 after the act had come into force. but for the purpose of section 18 of the act what is relevant is not the date of passing of the act but the date of he establishment of the tribunal namely 30th ..... of the patna high court in ram laxman glass (p) ltd. v. state of bihar, air 2000 pat, 210 it was observed as under:' in the scheme of the act, creation of the jurisdiction to try the suits and transfer thereof, to the tribunal is total, .....
Tag this Judgment!Court : Kerala
Reported in : 2009CriLJ2762
..... the procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(b) though it is open to him to act under section 200 or section 202 also. the high court was, therefore, wrong in taking [the view that the second additional chief metropolitan magistrate was hot entitled to ..... the complaint.4. where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complaint filed before him and take action under section ..... lah 879 : 1930 cri lj 1183, ram narain chaubey v. panchand jain : air 1949 pat 256 : 1949 (50) cri lj 524, hansabai sayaji payagude v. ananda ganuji payagude : air 1949 bom 384 : 1950 (51) cri lj 39. doraisami aiyar v. t. subramania aiyar air 1918 mad 484. in regard to the adducing of new facts for the bringing of a fresh complaint .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker335
..... a and the rules and orders made thereunder are to have the effect notwithstanding any inconsistency that may be contained in chapter iv of this act or in any other law for the time being in force or in any instrument having effect by virtue of any such law.under section 68-c power is given to the state transport undertaking to ..... be given).sd/- secretary to government, p. w. dept 16. it is common ground that the relevant rules that were in force at the material time when the notification under section 68-c and section 68-d of the act were published are the rules referred to earlier namely, the rules published on 2nd july 1957.17. no doubt, it is seen ..... the prior approval of government, a scheme for the purpose, in the government gazette, under section 68-c of the act rule (5) provides that when_the proposal is to operate the service in simultaneous replacement of all the permits in force at the tune, the scheme shall be prepared and published in the form shown in appendix aa; and when the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker303
..... and consequently the government had not power to pass the impugned order.10. the second objection raised by the learned advocate of the writ petitioner has also considerable force. the order of the divisional inspector of schools, dismissing the second appeal of the teacher, could not be varied or interfered with to the prejudice of the ..... certiorari could issue to quash their orders.12. one thing appears to be clear and that is that the district educational: officer and the divisional inspector of schools acting under rule 13 (2) (vii) and the director of public instruction under rule 14 are but domestic tribunals constituted by the said rules and they acquire their ..... protect the party aggrieved.'on this connection we would also refer, with advantage to one decision of the madras high court in dr. ramakamath v. surgeon general, air 1951 mad 227 where the learned chief justice observed:'but it is now well established that the strict rules of procedure applicable to courts of law need not .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ2825
..... paragraphs indicates that the bench never dealt with the provisions in chapter 12 of cr. p. c. which deals with investigation. narayanan v. emperor, air 1935 bom 437, which was referred to in paragraph 18 is a case dealing with trials in british india for offences committed outside india applying section 188 ..... the first respondent, the assistant director of enforcement, trivandrum, to conduct investigation, enquiry and such other proceedings for violations of the foreign exchange regulation act committed by respondents 4 and 5, and for prosecuting them for the violations. he also prays for the consequential relief of recovering 95,000 riyals ..... the department cannot make any inquiry based on the petition averments, unless there is documentary evidence. if independent investigation discloses violation of foreign exchange regulation act appropriate action will be taken against those who are involved in the matter, and if necessary, action will be taken against the present petitioner as .....
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Reported in : AIR1959Ker12
..... a) was decided on the assumption that there was an improper acceptance of nominations. the decision was also mentioned without dissent in surendra nath khosla v. dalipsing, (s) air 1957 s. c. 242 (c), a case of an improper rejection of a nomination. the provision concerned in both the cases was section 100(1)(c) which provided ..... of the returned candidate is void can be made only if the result of the election has been materially affected. in state of bihar v. rani sonabati kumari, air 1954 s.c. 513 (a) the words 'the result of the election has been materially affected' came up for consideration.the court said:'these words have been ..... entitled to be registered as a voter at any such election.'part iii of the representation of the peopleact, 1950, consisting of sections 14 - 24, deals withthe electoral rolls for assembly and electoral college constituencies. section 19 of the act reads asfollows : 'subject to the foregoing provisions of this part, every person who, on the qualifying date--(a .....
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Reported in : [1991]71CompCas1(Ker)
..... in the special resolution. the submission is that by the alteration of the articles the directors will get absolute power to reject any share transfer thereby forcing the shareholders to sell the shares to themselves or their nominees. i am of the view that these objections are without merit. the true nature of ..... mathrubhumi. there was a systematic modus operandi adopted by the persons presently managing the company to isolate and throw out the transferors from the company and to force them to sell their shareholding in mathrubhumi. the transferors had, therefore, no alternative but to sell their shareholding in mathrubhumi. consequently, after negotiations, it was ..... transfer by blank transfer deed cannot be interfered with by interpreting the provisions of the stamp act. in hindustan steel ltd. v. dilip construction co., air 1969 sc 1238, at page 1240, the supreme court held as follows :'the stamp act is a fiscal measure enacted to secure revenue for the state on certain classes of .....
Tag this Judgment!Court : Kerala
Reported in : 2001(1)ALT(Cri)302; 2001CriLJ2131
..... .9. after referring to the aforesaid decision and after detailed consideration of the provision in ss. 41, 42 and 43 of the ndps act, another five member bench of the apex court observed in state of punjab v. baldev singh (air 1999 sc 2378) that the material difference between the provisions of s. 43 and 42 is that whereas s. 42 requires recording ..... a 'building, conveyance or enclosed place'.8. the aforesaid aspect was dealt with in detail in state of punjab v. balbir singh (air 1994 sc 1872). after taking note of the ingredients of ss. 41 and 42 of the ndps act, it was provided in para-26 of the said decision as follows:'(2c). under s. 42(1) the empowered officer if has .....
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Reported in : 1990CriLJ742
..... of the original order, satyanathan was continued to be kept under detention by extending the period from time to time. later, learned magistrate realised that mental health act has never been brought into force in the state of kerala. hence, the further detention was ordered in the purported exercise of some of the provisions of the indian lunacy ..... , it cannot be understood that, the amplitude of the inherent powers of the high court preserved by the code would be any less. in raj kapoor v. state (delhi admn.) air 1980 sc 258 : (1980 cri u 202), v. r. krishna lyer, j. has observed (para 10): - 'the inherent power of the high court under section 482 does ..... and thus abnormal and out of equilibrium as in un-soundness of mind' in peter v. tresa, 1983 ker lt 8p7 : (air 1984 ker 35).7. serious contention has been raised about the applicability of the act since satyanathan cannot be considered, according to the counsel, as a person of unsound mind. the only provision which the learned magistrate .....
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Reported in : AIR1967Ker150
..... to every mode of winding up--see section 428(2) and governor general in council v. shiromani sugar mills, ltd. air 1946 fc 16. that being so it would appear that, subject to the provisions of the companies act as to preferential payments, there has to be a pari passu distribution of the assets of the company in satisfaction of ..... the same principles, not the same statutory rules) shall prevail and he observed with regard to the matters specified in the three clauses of that sub-section as are in force under the insolvency law. the clauses relevant for our present purpose are clauses (a) and (c). both clauses, it seems to me, are capable of a narrower and ..... assigned the wider meaning to the similar phrase, 'as to debts and liabilities provable.' they thought that it meant that all the rules for the time being in force in the court of bankrupty with regard to debts and liabilities provable shall apply in the administration of the estate of a deceased insolvent which (along with the .....
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