Court : Kerala
Reported in : 2003(1)KLT514
..... but steps in a series of proceedings all connected by an intrinsic unity and one to be regarded as one legal proceeding.5. chapter x of panchayat raj act deals with disputes regarding election. section 87 deals with election petitions and section 88 provides the courts competent to try election petitions. section 89 provides the mode ..... not applicable in filing and presentation of an appeal. in anandavally1 s case (supra) it was held as follows:-'on an examination of the kerala panchayat raj act, it is seen that chapter 10 exclusively deals with the disputes relating to elections. section 89 prescribes the method of filing of an election petition and there is ..... petition was allowed. the respondent, whose election was set aside, filed an appeal before the district court as provided under section 113 of the kerala panchayat raj act. the same was presented by the advocate appearing for the respondent in accordance with the provisions contained in rule 1 of under order xli of the code of civil .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT480
..... state that 'before registration of the first information report, it is only just and proper that a preliminary enquiry is conducted to indicate whether the overt acts of the respondents were with dishonest intention or not'.15. counsel for the petitioners submitted that the manner in which the special court has passed the impugned ..... obvious reasons, has not taken cognizance of the offences alleged in ext. p1. reference may be made in this connection to section 19 of the prevention of corruption act. instead, the court has forwarded ext. p1 together with records produced by the complainant to the director, vigilance and anti-corruption bureau (for short 'v.a.c ..... , special judge called for the remarks from the commissioner and thereafter the impugned order was passed.2. the complaint is filed under the prevention of corruption act. it further states that the audit was not taking place due to the mismanagement of the members of the managing committee. the enquiry commissioner got details .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT1075
..... evidence. it can be used only to corroborate the substantive evidence given by the witness in court regarding identification of the accused as the doer of the criminal act.66. though identification parade is part of investigation, it should be held not by the police, but by a judicial magistrate or other independent agency. it should ..... does not suffer from any infirmity, that circumstance lends corroboration to the evidence given by the witness before court. the test identification parade is not a magisterial act. it is only the part of the investigation. the purpose of the identification parade is to test the veracity of the witness who tries to identify the ..... on the post mortem certificate are proved. in prithi chand v. state of himachal pradesh : 1989crilj841 , the apex court held thus:-'section 32 of the evidence act provides that when a statement, written or verbal, is made by a person in the discharge of professional duty whose attendance cannot be procured without an amount of .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT823
..... :--'superior police shall mean all police officers below the rank of an inspector.'in this connection the provision contained in section 5 of the delhi special police establishment act is also very relevant. section 5(1) reads as follows:--'the central government may by order extend to any area (including railway areas) in a state, ..... as assigned to them in the code.'22. the officers of the central bureau of investigation, which is constituted under the provisions of delhi special police establishment act, are police officers under the provisions of the code of criminal procedure. there is absolutely nothing in the criminal rules of practice to show that the application ..... 1935 bom. 76 held that the complainant has no right or privilege to require the court to refer the case to the police. the magistrate shall not act mechanically merely because a complainant makes a request to refer the case to the police. in this case the learned magistrate had not applied his mind before forwarding .....
Tag this Judgment!Court : Kerala
Reported in : 2005CriLJ3848; 2005(3)KLT770
..... the cases before the special court began, anandan died. the special judge relied on his evidence tendered before the magistrate under section 33 of the indian evidence act. the cases ended in conviction of some of the accused and these appeals are filed by the accused who were convicted.28. the counsel appearing for the ..... arose before the supreme court as to whether his statement recorded by the magistrate and favourable to the prosecution would be admissible under section 33 of the evidence act if such witness had turned hostile to the prosecution during the subsequent trial. after holding that the accused had no right and opportunity to cross-examine a ..... be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader'. section 137 of the evidence act indicates that examination of a witness not only includes examination-in-chief but also cross-examination. there is a subtle distinction between the examination of an approver as .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT166
..... it has become necessary to strengthen the existing vigilance machinery in the state. government considered that the kerala public men's corruption (investigations and inquiries) act, 1987 in force in the state, was not sufficient to prevent, effectively, the corruption among public servants. government considered it necessary to widen the ambit ..... jurisdiction of the 1st respondent to initiate proceedings pursuant to ext.p1, which according to the petitioner, is not a complaint as provided in the act and rules, based on which the lok ayukta has initiated proceedings against the petitioner. questions of substantial public importance, regarding the jurisdiction of the ..... the director of ayurveda medical education, learned government pleader prays for time for filing proper statement of defence.in all proceedings under the kerala lok ayukta act, government is a necessary party. government has not been impleaded as such. now we are impleading the government represented by the chief secretary as .....
Tag this Judgment!Court : Kerala
Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)
..... ltd. v. needle industries newey (india) holding ltd. : [1981]3scr698 , it was held that directors have absolute power to issue right share provided they are acting under good faith. it was held as follows:where directors of a company seek, by entering into an agreement to issue new shares, to prevent a majority shareholder ..... 3 all er 935 held as follows:it may be indicated here that the doctrine of 'legitimate expectation' imposes in essence a duly on public authority to act fairly by taking into consideration all relevant factors relating to such 'legitimate expectation'. within the conspectus of fair dealing in case of 'legitimate expectation', the reasonable ..... but, instead of winding up, remedies can be granted as winding up unfairly prejudice the members. while interpreting similar provision in section 210 of the english companies act, 1948 and house of lords in scottish co-operative wholesale society ltd. v. meyer (1959) ac 324, taking the dictionary meaning of the word 'oppression', .....
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Reported in : 2008CriLJ742
..... against a chief engineer which was addressed to the chief minister of the state and also another minister, alleging various offences under the prevention of corruption act. on receipt of the above complaint, the chief minister asked the director, vacb, to make a confidential enquiry. thereafter, the government received a note ..... inquiry' was conducted by vigilance and anti-corruption department into the allegations made against a public servant regarding commission of offences under the p.c. act, by examining large number of witnesses and by perusing several documents. the supreme court observed that the procedure adopted in conducting a preliminary enquiry is not ..... than through court. a private complaint received by the special judge under section 190 is ordinarily subjected to strict judicial scrutiny and no court normally acts upon any vague, cryptic or anonymous complaint which does not reveal any particulars of the offence and such a complaint will not normally be forwarded .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2709
..... produced before learned chief judicial magistrate by the additional third respondent herein, under section 32(1) of the junvenile justice (care and protection of children) act, 2000 'the act', for short), along with a report. according to additional third respondent, he is the secretary of 'jena seva sishubhavan which is an institution registered under ..... the travancore-cochin literary, scientific and charitable societies act, 1955 which saves street children who are found begging, with the aid of the social workers and officials. it is averred that it aims to eradicate ..... executing a bond to the satisfaction of learned chief judicial magistrate, ernakulam and also on his filing an undertaking in writing that he will not act in any manner, which is likely to adversely affect the welfare and interest of the children and also that he shall produce the children before the .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ909
..... prosecutor, the legal advisor, advocate r.s. jothy, vigilance and anti corruption bureau, who is legally empowered to prosecute the cases under the p.c. act had presented the application before the district court, thiruvananthapuram signed by an authorised officer. operative part of the government order, annexure i is as follows:in the ..... edition, p. 459, it is stated as follows:sub-section (6) appears to lay down that the special judge while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by a district judge under the criminal law (amendment) ordinance, 1944. that power relates to interim attachment of ..... attachment of the property with regard to a matter connected with a matter pending in criminal court having special jurisdiction. therefore, the question whether district court acts as a civil court or criminal court is of not much consequence. the district court is vested with special powers and procedures in dealing with attachment. .....
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