Court : Kerala
Reported in : AIR1991Ker350
..... per cum. the objection of the petitioner against ext. p89 is that the price fixation is against the kerala forest produce (fixation of selling price) act 1978 which came into force on 12-3-1979 and the price fixation is also below the seigniorage rate.13. 'seigniorage rate' is defined in the kerala forest code, volume ..... -established heads that i have mentioned will suffice.'the above passage has been approved and adopted by the supreme court in ranjit thakur v. union of india, air 1987 sc 2386 wherein the supreme court added that the judicial review generally speaking, is not directed against a decision, but is directed against the 'decision making ..... also the constitutional obligation of the executive. the court is thus merely assisting in the realisation of the constitutional objectives.'in olga tellis v. bombay municipal corporation, air 1986 sc 180 the supreme court had to consider the constitutional right of the pavement dwellers under article 21 of the constitution of india. in m. c. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker235
..... interest accrued due up to certain dates as principal. in the view we have taken of section 4, there can be no question of section 5 of the t. c. act, 1950 being attracted, the interest claimed in the suit, rs. 567-7-3 being very much less than half the principal amount of rs. 28,384-13-9.7. we may ..... we extract below section 4(1) and the explanation and section 5 which were retird on.'4(1). notwithstanding any law or custom for the time being in force or any contract, or any decree or order of court to the contrary, any debt due by an agriculturist may be discharged by repayment of the principal amount of the ..... of each quarter becomes principal and never thereafter ceases to be dealt with as principal. we are fortified in this view by the desicion in pazhaniappa mudaliar v. nayarana ayyar air 1943 mad 157. in that case, their lordships referred to the english case in inland revenue commissioners v. holder, (1931) 2 kb 81 and quoted with approval the following passage .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker318
..... the name of a candidate is in thhe list, it had been included therein illegally.13. kabul singh v. kundan singh, air 1970 sc 340. the supreme court was dealing with representation of the people act, 1950. the argument in that case was though the name of the candidate was in the electoral roll of the constituency, he ..... thereby he made a false declaration for a registration, before the municipality. this is contrary to the bar placed under section 17 of the representation of the people act, 1950 which prohibits the registration in the electoral rolls in more than one constituency. the argument is that he is disqualified to be registered in two places in the ..... is included in the voters' list for the time being in force and who is not subject to any disqualification referred to under section 74. section 74 of the act deals with the disqualification for registration which is similar to section 16 of the representation of the people act, 1950. the petitioner is an 'elector' within the meaning of .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker250
..... as he then was) held that a dispute regarding unauthorised external extension of telephone comes under the purview of section 7-b of the telegraph act.42a. b. ramachandra reddy v. union of india, air 1993 andh pra 19, is a caserelating to misuse of telephone. an allegation was made against the subscriber of making free calls in collusion with ..... consumers of various products and services in one way or the other. the stipulation contained under section 3 of the consumer protection act is not in derogation of any other law for the time being in force has been omitted while interpreting the said provision. the principles laid down by the supreme court with regard to this important ..... under section 3, in our view, is quite specific that the remedy under the consumer protection act is not in derogation of any other law for the time being in force. the legal position has been settled by the supreme court in air 1995 sc 1384. the supreme court held that claim for compensation arising out of use of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker28
..... the kayal lands. it is contended that the kayal lands were exempted from chapter iii relating to ceiling and that exemption was taken away only by act 35 of 1969 which came into force on 1-1-1970 and therefore the transfers effected in respect of the kayal lands earlier are not hit by the provisions of section 84 of ..... in the land. attention was also called to the exposition by the supreme court of the wide connotation of the term 'estate' in atmaram v. state of punjab. air 1959 sc 519. on the basis of these decisions, there is no difficulty to holdthat a right granted to gather men and material on government land, to prepare the ..... extinguishment or modification of the rights of the occupants, if they had any. the learned advocate-general cited the decision in state of bihar v. rameshwar pratap narain singh, air 1961 sc 1649 to show the comprehensive nature of the term 'estate' as understood even before the 17th amendment of the constitution. it was ruled therein that the expressions .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker151
..... takes no decision to cancel the examination, a similar anomalous situation would arise. on such a contingency the result of the examination will continue to be in force while the degree stood cancelled, if the syndicate does not fall in line with the decision taken by the senate. in a situation where the degree ..... b.b.s. course.16. the learned counsel appearing for the petitioners then relied on the decision in krishan v. kurukshetra university, air 1976 sc 376, to contend that the university had acted beyond its powers in cancelling the examination, after having allowed the petitioners to take the subsequent examinations. we find that the said ..... taken by the kurukshetra university to cancel the candidature of the student because by force of the university statutes, the university had no power to withdraw the candidature. the situation in the instant case is entirely different. the provisions of the act, statutes and ordinances quoted earlier give sufficient power to the syndicate to cancel .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker252
..... with the institution of marriage itself. further, as already pointed out by us, the provisions contained in the several enactments regulating marriage and divorce in force in india including the act, a provision of which is under challenge in these o. ps. would show clearly that laws applicable to people in india have provided for ..... of the provisions as part of our judicial function inthis case, in the light of the observations of the supreme court in triveniben v. state of gujarat, air 1989 sc 1335 which is to the following effect: 'what might not have been regarded asdegrading or inhuman in days bygone, may berevolting the new sensitiveness ..... when an offending portion is severed and quashed for making the remaining portion constitutionally valid and operative. in fact, such was the consequence in nakara's case (air 1983 sc 130) where the principle was applied. by severing the eligibility qualification contained in the concerned rules, the benefit of enhanced pension was made available .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker393
..... dealt with by the court under article 226 of the constitution of india. in mohmedalli v. union of india, air 1964 sc 980, the supreme court was dealing with section 17 of the employees provident fund act, 1952. under the said act, section 17 gave power to the government to notify, subject to such conditions as may be specified in the notification ..... laid down, in the statutes made by the legislature. ,16. in state of bombay v. f. n. balsara, air 1951 sc 318 at 327 : (52 cri lj 1361), the supreme court was referring to section 139(c) of the bombay prohibition act, 1949. that section provided that the state government may, by general or special order, exempt any person or class ..... sc 512, and in a.k. kraipak v. union of india, air 1970 sc 150, it has been held by the supreme court that the procedure prescribed in the act for making rules that they were to be laid on the table of parliament before they could come into force and were open to modification on a motion of parliament, was sufficient .....
Tag this Judgment!Court : Kerala
Reported in : II(1995)DMC27
..... the institution of marriage itself. further, as already pointed out by us, the provisions contained in the several enactments regulating marriage and divorce in force in india including the act, a provision of which is under challenge in these o.ps. would show clearly that laws applicable to people in india have provided for dissolution ..... 'life' and 'personal liberty' used in article 21 of the constitution of india which has been described as 'heart of fundamental rights' in unnikrishnan's case (air 1993 sc 2178). thus it has been held that 'life' and 'personal liberty' will not only include physical security, but would comprehend those rights enumerated in article ..... . learned counsel for the central government has however tried to support the constitutionality of the provision relying strongly upon the reasoning contained in dwarka bai v. maiman (air 1953 mad. 792). in that case panchapakesa ayyar, j. has held that 'since the husband even by committing adultery does not bear a child as a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker378
..... of court.ebrahim aboobakar v. custodian general of evacuee property new delhi, air 1952 sc 319, was decided by the supreme court upon the provisions of the government of india ordinance xxvii of 1949, and afterwards replaced by the administration -of evacuee property act, 1950 and of rules thereunder, which conferred a right, on an informant ..... given by james, l.j., was adopted in india in balgovind v. chaganlal laxminarayan, air 1949 nag 24, and in jhabba lal v. shib charan das, ilk 39 all 152: (air 1917 all 160), decided under section 75 of the provincial insolvency act, 1920, which has enacted, that:'the debtor............. or any other person aggrieved by a ..... established by the petitioner.6. very great reliance was placed on the following observations of ramachandra iyer, j. in issardas somamal lulla v. collector of madras, air 1959 mad 528:'it is therefore, clear that, where an inferior tribunal has exceeded its jurisdiction apart from the question of the subsistence of any right, a .....
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