Court : Kerala
Decided on : Jan-08-2015
..... in turn, the court has to be satisfied, after considering all that material, that the public prosecutor has applied his mind independently thereto, that the public prosecutor, acting in good faith, is of the opinion that his withdrawal from the prosecution is in the public interest, and that such withdrawal will not stifle or thwart the process ..... , on enquiry has found that there is absolutely no material to implicate the accused nos.5 and 8 in the alleged deal, and that these two government secretaries acted as responsible officers, only in terms of what the cabinet decided. f) three important witnesses, cited by the prosecution as cw1, cw3 and cw12 to prove the ..... learned trial judge dismissed the said application by order dated 7.5.2013 on the ground that absence of sanction under section 19 of the prevention of corruption act will not vitiate the whole prosecution when there is a definite charge against him under section 120b of ipc, and the government of kerala has granted necessary .....
Tag this Judgment!Court : Kerala
Decided on : Sep-14-2015
..... a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co- operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)." 10. "co-operative societies" fall under entry 32 of the state list. "industrial and labour disputes" fall under w.a. nos ..... is to the effect that "no civil or revenue court" shall have any jurisdiction in respect of any matter for which provision is made in that act. the kcs act thus uses the terms 'court', 'civil court' and 'revenue court' in different sections of the legislation, particularly relating to exclusion of jurisdiction. when the ..... a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)". w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:59. :- the apex court after noticing article 254 .....
Tag this Judgment!Court : Kerala
Decided on : Sep-28-2015
..... they have been given a reasonable opportunity of being heard." (emphasis supplied) 45. proceeding further, we may pertinently examine section 11a of the industrial disputes act, 1947, which reads as follows: "11-a. powers of labour courts, tribunals and national tribunals to give appropriate relief in case of discharge or dismissal ..... of industrial adjudication. 21. the learned counsel has drawn my attention to section 84 of the act to contend that it is a specific provision conferring revisional power on the tribunal as regards all interlocutory matters. the contention of the learned counsel ..... contended that the order of the arbitration court passed in the petitioner's interlocutory application has attained finality. in fact, the petitioner, without a demur, acted on it and led evidence, too. in the alternative, the learned counsel has submitted that the petitioner society cannot import into the present adjudication the principles .....
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