Court : Kerala
Reported in : AIR1960Ker103
..... p. abraham referred me to a number of decisions or the supreme court under section 33 of the industrial disputes act, 1947 -- central act xiv/1947-- and also under section 22 of the industrial disputes (appellate tribunal) act 1950 to the effect that the industrial tribunal in such matters, is not sitting as a court of appeal over the ..... tribunal.38. the principles on which a writ of certiorari can issue is now well settled as laid down by thesupreme court in hari vishnu v. ahmad ishaque, air 1955 sc 233. at page 243, mr. justice venkatarama iyer delivering the leading judgment, observes as follows:'on these authorities the following propositions may be taken as ..... wrong decision'.39. the learned government pleader very strongly relied upon the decision of the supreme court reported in nagendra nath v. commissioner of hills division, air 1958 sc 398. in the said decision no doubt their lordships had occasion to consider whether the high court has got jurisdiction to interfere with the order .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker259
..... .2. the petitioner husband in the petition for dissolution of marriage under section 8 of the travancore ezhava act, 1100 is the petitioner in the civil revision. the petitioner married the respondent while he was in the air force. later, he was discharged from the air force and he settled down in his native place. on 16-9-1976 he requested the respondent wife to ..... while he was away in maharastra serving in the air force. on 16-2-1977 the petition for dissolution of marriage was filed before the munsifs court under section 8 of the travancore ezhava act. before that, the travancore ezhava act was repealed by the kerala joint hindu family system (abolition) act, 1975 which came into force on 1-12-1976. the respondent raised a preliminary .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT299
..... their case, petitioners bring to my attention to the decision of the hon'ble supreme court in smt. naseem bano v. state of u.p. and ors., air 1993 sc 2592 and a decision of this court in anitha john v. eldhose mathew, 2002 (3) klt 974.1 shall refer to the decision in anitha ..... in this chapter. the conditions regarding age, departmental test qualifications, service qualifications and other service conditions shall be governed by the provisions of the act and the rules contained in the foregoing chapters:provided that nothing contained in this chapter shall affect the teachers appointed in private schools prior to the coming into ..... force of this chapter and who possess qualifications prescribed under valid orders then in force and whose appointments have been approved as fully qualified teachers; provided further that such persons will be eligible for appointment .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT497
..... respondent as the headmaster under rule 45a. since the appointment of the 5th respondent as l.p.s.a. was approved as a qualified hand following the law then in force and she has been continuing as a regular teacher, it is not open to the 1st respondent to question the right of the 5th respondent to continue in service as ..... for the 1st respondent, placing reliance on the decision of the apex court in p.m. latha v. stale of kerala : [2003]2scr653 and dilip kumar ghosh v. chairman 2005 air scw 4500, contended that the training qualification for appointment to the post of lower primary school teacher is t.t.c. and not b.ed. therefore, the same training qualification .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker293
..... air 1986 ker 144).3. i have heard the counsel and considered the matter carefully.4. the previous act, viz. the kerala panchayats act, 1960, also contained a similar provision to that of section 157 of the act. section 54 of the old act is substantially incorporated under the new act. this act was preceded by the madras village panchayats act, 1950. the 1960 act was a consolidated act ..... to give effect to article 40 of the constitution of india to enable the panchayath to function as units of self-government. the present act of 1994 replaced the old act and the preamble of the act ..... narayanan nair v. joint registrar, 1982 ker lt 602 : (air 1983 ker 136) had taken the view by applying the principle of section 16 of the general clauses act construed that authority which appointed the president shall have the power .....
Tag this Judgment!Court : Kerala
Reported in : 2004CriLJ755
..... of appeal is provided against conviction of sentence, it cannot be stated that all such persons are not sentenced for imprisonment till appellate remedies are over. whatever may be the force in ' the argument by the prosecution, we are bound by the apex court decision. the apex court decision in sunil batra's case (1978 cri lj 1741) ..... 781 of the rules are as follows :--'780. search of prisoner.-- when a prisoner sentenced to death is searched under section 30 of the t.c. prisons act or central act every article of private clothing shall be taken away from him as well as all other articles of every description whether money, jewellery, or otherwise, and he shall ..... carry out must proceed to carry out without intervention from any outside authority. in a slightly different context in state of maharashtra v. sindhi (1975) 3 scr 574 : (air 1975 sc 1665) : (1975 cri lj 1475) it was said that the trial of an accused person under sentence of death does not conclude with the termination of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1989Ker198
..... control court, subject to the decision of the revisionat court under section 50 in more or less the same terms as in section 18(5) of the kerala act, the force underlying the words 'shall be final and shall not be liable to be called in question' etc. has to be reckoned at a lesser degree than the ..... of trees, referred to the following passage occurring in 61 harward law review p. 161, laying down the correct principle for determination of compensation (at p. 240 of air) :'the possibility ot'diverse results from the use of the diminution or cost-of-repair test for determining damages becomes pronouncedin cases of injury to improvements to land. where ..... . but that difficulty does not arise because both those decisions were later considered by their lordships of the supreme court themselves in m/s. jetha bai's case, air 1988 sc 812. in the above decision, their lordships have clearly expressed the reason lor giving different meanings to the word 'final' appearing in the analogous enactmenls. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker15
..... contention that it is a foreign court can no longer hold ground,'and said:'it is obvious that the learned judges were labouring under the impression that after 26-1-1950 all courts in the indian union were domestic courts. this assumption, it may be pointed out with respect, is incorrect. i have pointed out above that, notwithstanding the ..... union of states in this fashion will by itself destroy the element of 'foreignness' as between the courts of the federating states. as stated in 1954 ker lt 188: (air 1954 trav-co 358) (fb) (b):'in a federation for all national purposes, erabraced by the federal constitution the state is of course one, united under the same ..... can be no doubt that these definitions support the appellant's contention.4. the part b states (laws) act, 1951, came into force on 1-4-1951 and as a result the indian code: of civil procedure, 1908, (as amended by central act no. ii of 1951) was extended to travancore-cochin with effect from the said date. the current definition .....
Tag this Judgment!Court : Kerala
Reported in : AIR1975Ker79
..... of the limitation period under the statute must be regarded as having been suspended for that period:'9. we cannot accept the argument that on the coming into force of the act the decree got converted into an instalment decree and that a new decree thereafter came into existence on 14-7-1961 when all the first six instalments had been ..... lt 580. we shall read paragraphs 3, 4, 5 and 6 of the judgment.'3. that principle has been stated in the decision in bell v. gosdan, reported in (1950) 1 all er 266. halsbury's laws of england vol. 24 page 199 has summarised the position thus: 'if an enactment renders a payment irrecoverable for a certain period, there ..... must govern this case. we find that a similar view has been taken by beamont chief justice in govindnaik gurunath-naik kalghatgi v. basawannowa paru-tappa karajgi, reported in air 1941 bom 203. his lordship chose to rest the decision on the suspension of the running of time and had relied on the decision of the calcutta high court in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker78
..... to be continued because of an enactment which was passed providing for such continuance. 18. in gopi chand v. delhi administration, air 1959 sc 609, gajendragadkar, j., has stated: 'it is urged that the act which came into force on march 29, 1949, was due to expire and did expire on august, 14, 1951, and so the proceedings taken against ..... only to the failure of the magistrate to comply with the provisions of the section in explaining the nature of the charge to the accused. there is considerable force in the submission made by the learned counsel. i am not prepared to say that the defect here is inconsequential and that the accused has not been misled ..... 1958 klt 105: air 1958 kerala 229 is also to the same effect, koshi, c. j., observed: 'regard being had to the fact that act viii of 1,950 was only a temporary act, the provisions of section 6, general clauses act, cannot apply to it and the proceeding initiated under act viii of 1950 must therefore terminate when the act ceased to be law .....
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