Court : Kerala
Reported in : 2009CriLJ4045; 2009(2)KLJ744
..... his rightly the trial judge and an effective and meaningful opportunity to adduce evidence in his defence must be extended to him when necessary by giving reasonable adjournments. while acting under section 233, the court must tell the accused that he has a right to enter on his defence even if he is represented by counsel then, the ..... provision is mandatory or directory, the subject matter, the importance of the provision, the relation of that provision to the general object intended to be secured by the act will decide whether the provision is directory or mandatory. it is the duty of the courts to get at the real intention of the legislature by carefully attending to ..... are liable to be terminated on the ground that there is no evidence. whatever be the answer to the question asked under section 289(1) of the old act as to whether he means to adduce evidence;, this obligation to consider termination of proceedings on the ground that there is no evidence is clearly there in section 289 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker197
..... scope of article 30(1) of the constitution, rules 44 and 45 of chapter xiv-a of the kerala education rules framed under the kerala education act are only regulatory measures framed in the interests of educational institution and the teaching staff and they must be obeyed. they do not violate the fundamental rights ..... of the nucleus college, namely the m. a. o. college into a university was however not by muslim minority. it took place by virtue of an act of central legislature. from that it was held that it is the central legislature that established the said university. this decision really supports the petitioners in countering ..... of the educational institutions now administered by aligarh university were originally founded by muslims or societies registered under the societies registration act, as they were transferred to and vested in the university established by an act of parliament thereafter it was held to be a university not established by the minority but, established by the state .....
Tag this Judgment!Court : Kerala
Reported in : II(1991)DMC499
..... as a basic characteristic of dna structure. it binds with dna strand having complementary sequences of letters. a probe of known sequence and labelled with a radio-active isotope acts like a blood found, seeking out in thickest of dna, its matching sequence. a dna probe can be a piece of dna isolated from an organism or synthesized in ..... and she refused lends assurance to her evidence.11. it is true that in the absence of a legal marriage, presumption of legitimacy under sec. 112 of the evidence act is not available. even then, proof of access by the putative father and non-access by others are matters which the court can take into account in evaluating the ..... is the possibility of vilasini making an attempt to find out a suitable father in him for the child because he is an eligible wealthy bachelor. but, except the alleged act of impregnating her, there is no other motive suggested for false implication. as earlier stated, there is no evidence to show that vllasini is a lady of bad virtues .....
Tag this Judgment!Court : Kerala
Reported in : 2008(2)KLJ68; 2008(2)KLT521
..... kerala hereby appoint the circle inspectors of police attached to the following police stations in the state as special police officers for dealing with offences under the said act within their respective area of jurisdiction.thiruvananthapuram city1. cantonment 2. peroorkada 3. museum4. pettah5. medical college6. poonthura7. fort8. nemom9. vizhinjam10. thampanoorthiruvananthapuram rural11. ..... prostitution only if sexual abuse or exploitation of persons is done for commercial purpose. the expression 'commercial purpose' has not been defined under the itp act. in strout's judicial dictionary, v edition, the term 'commercial' has been defined as traffic, trade, or merchandise in buying or selling or ..... for the petitioner and advocate sri. k.s. sivakumar, the learned public prosecutor who defended the state.judicial analysis4. section 7 of the itp act reads as follows7. prostitution in or in the vicinity of public places: (1) any person who carried on prostitution and the person with whom .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ721
..... and secretary (vigillance) to issue orders of sanction for prosecution against public servants in cases investigated by vigillance department under the provisions of the prevention of corruption act and the relevant provisions of the indian penal code. this is not a case investigated by the state vigillance department but by the c.b.i. hence, ..... in the state service passed the order granting prosecution sanction. that authority is admittedly the state government. as per clause 60(c) of section 3 of the general clauses act, 1897, the expression 'state government' means the 'governor'. this has been elucidated in the decision of the constitution bench of the supreme court in : (1974)iillj465sc ..... ministers of the said business in so far as it is not business with respect to which the governor is by or under the constitution required to act in his discretion.thus, a combined reading of article 154 and 166 of the constitution will show that all executive action of the state government shall be .....
Tag this Judgment!Court : Kerala
Reported in : [1976]104ITR597(Ker)
..... to the liability and is not a penalty for an offence as understood in criminal law. the nature of the penalty provision contained in chapter 21 of the income-tax act arose for consideration before a full bench in commissioner of income-tax v. gujarat travancore agency, : [1976]103itr149(ker) .. it has been observed that only if mens ..... v. commissioner of income-tax, : [1963]48itr1(mad) . the supreme court had occasion to consider the nature of the penalty. the provisions of section 18a of the old act arose for consideration in that case. in the course of the said decision the supreme court held that the penalty under sub-section (9) of section 18a is an addition ..... the income-tax officer to impose two penalties for the sameoffence, namely, delay in filing the return of income as required under section 139(1)(iii) of the income-tax act, 1961 ?' 2. the assessee is a partnership concern whose accounting year ended on 31st march, 1962, for the assessment year 1962-63. the firm was liable to file .....
Tag this Judgment!Court : Kerala
Reported in : 2009CriLJ3530; 2009(2)KLJ152
..... the said objection and held that he has the jurisdiction to try the case. even though the revision petitioners preferred an appeal under section 29 of the act before the sessions court, thiruvananthapuram, the learned sessions judge as per judgment dated 2.1.2009 dismissed the appeal confirming the order passed by the chief ..... hence, the chief judicial magistrate, thiruvananthapuram who is not judicial magistrate of the first class could not have entertained the application under section 12 of the act. this contention without prejudice to the main contention of the revision petitioners that even if the chief judicial magistrate is to be treated as judicial magistrate ..... over the territorial limits of two police stations, namely, the museum and valiyathura police stations could not have entertained the application under section 12 of the act.judicial evaluation in re - is c j m atjmfc?8. the contention of the revision petitioners that the chief judicial magistrate is not judicial magistrate of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... the judgment, this court held thus: '...... whether the withdrawal of deposits inthe circumstances stated was justified and whether the re-deposit of those amounts in nationalised banks had resulted in any substantial loss to the devaswom are all matters not appropriate to be gone into in a writ petition under article 226 of ..... with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of ..... effect of politicalisation of administration. disciplinary proceedings were hushed up without an enquiry and even in cases where punishment was recommended, the committee declined to act or to impose proper punishment. the attitude taken by the managing committee was far from satisfactory and patently unreasonable. the complaints of the worshippers were .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)
..... non-residential building rent control order, 1945 in respect of non-residential buildings. those orders were followed by the madras buildings (lease and rent control) act, 1946. section 18 of the act (act xv of 1946) provides that all proceedings commenced and taken under the madras house rent control order, 1945 and madras non residential building rent control ..... in mind the object of the legislation will defeat the purpose of the legislation. in the words of krishna iyer, j., in chairman, board of mining examination and chief inspector of mines v. ramjee : [1977]2scr904 ,to be literal in meaning is to see the skin and miss the soul. the judicial key to construction is ..... a hypothetical construction on the grounds that such construction is more consistent with the alleged object and policy of the act.54. the function of the court is only to expound the law and not to legislate vide district mining officer v. tata iron and steel co. 2002 (7) scc 358. if we accept the interpretation canvassed .....
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 .....
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