Court : Kerala
..... , one inspector, two preventive officers and eight guards to supervise the day-to-day functioning of the petitioner factory. following section 14 of the abkari act ('the act' for brevity) read with rule 14 of the kerala distillery and warehouse rules, 1968 (part-i) ('the rules' for brevity), the government has ..... that the benefit can be extended only prospectively? discussion: establishment and deployment: 15. indeed, the facts are not in dispute. section 14 of the abkari act empowers the commissioner to establish, with the previous approval of the government, public distilleries, breweries or wineries. he can also authorize the establishing of private distilleries ..... intoxicating drugs are manufactured. 16. the supervisory arrangement is with a view to ensuring proper collection of duties, taxes, and other dues payable under the act as well as the proper utilization of the liquor or intoxicating drugs. as a necessary corollary, clause (e) of section 14 further empowers the commissioner .....
Tag this Judgment!Court : Kerala
..... municipality by cancelling ext.p1 resolution is in absolute violation of the principles of natural justice. 17. apart from this, section 51 of the municipalities act casts duty on the municipality to prepare development plans taking into account the 12th schedule of the constitution which is the creation of article 243-w of ..... am of the considered opinion that, a resolution passed by the muncipal council can be cancelled under the circumstances mentioned in section 57 of the kerala municipality act. but in order to cancel a resolution there should be specified circumstances as contemplated under the said provision. here in this case, while cancelling ext.p1 ..... therefore, according to the learned counsel for the petitioners ext.p2 resolution cannot be sustained under law for want of circumstances mentioned under section 57 of the act. further more, learned counsel has invited my attention to rule 13 of the kerala municipality (procedure for meeting of council) rules 1995 which reads thus:- 13 .....
Tag this Judgment!Court : Kerala
..... conservation of forests and for matters connected therewith or ancillary or incidental thereto. the statement of objects and reasons for the enactment of the 1980 act states deforestation causes ecological imbalance and leads to environmental deterioration. de-forestation had been taking place on a large scale in the country and it ..... 2) all references made in any enactment to any provision of the enactments hereby repealed shall be read as if made to the corresponding provisions of this act. (3) all rules prescribed, appointments made, powers conferred and orders issued under the enactments hereby repealed shall be deemed to have been respectively prescribed, ..... , prohibition of clearings, etc. section 8 provides for inquiry by forest settlement officer and final notification is contemplated under section 19 of the 1961 act which is to the following effect: 19. when the proceedings prescribed in the preceding sections notification declaring forests reserved.have been taken, the government .....
Tag this Judgment!Court : Kerala
..... seeking such relief. hence this court is of the considered opinion that there is no illegality or error committed by the court below in holding that op (hma) 116/2013 is maintainable before the said court. 16. under the above mentioned circumstances, this court do not find any circumstances existing for interference with the ..... for consideration of the issue regarding interpretation of section 5 (i). 9. the legislative intention underlying in incorporation of section 5 (i) in the hindu marriage act can indisputably be with an objective to preserve monogamy, which is essentially the voluntary union for life of one man with one woman, to the exclusion of all ..... based on pleadings in the original petition, which will prima facie constitute the requisite ingredients for dissolution of a marriage solemnized at kollam under the hindu marriage act. as long as the factum of marriage solemnized at kollam is not in dispute, there cannot be any successful challenge on the question of jurisdiction. 7. .....
Tag this Judgment!Court : Kerala
(1) At what stage, the court of a Magistrate is taking cognizance of the offences in a private complaint? (2) Can the court of a Magistrate proceed to the stage of Section 200 Cr.P.C, in a case covered by Section 188 Cr.P.C.? (3) Is a private complaint, in which the only relief sought for is the one under Section 156(3) Cr.P.C., maintainable? (4) What is the course of action that can be taken by the court of a Magistrate, in a case covered by Section 188 Cr.P.C.? 2. The petitioner and the respondents were doing business in Sharjah. It is alleged that, while in Sharjah, the respondents had induced the petitioner to part with UAE Dirhams equivalent to Rs.35 lakhs of Indian money to the respondents on 13.11.2013 at the residence of the respondents at Sharjah, by promising the reconstitution of a partnership deed and the induction of the petitioner also as partner in the business of that firm. After taking away the money, nothing was heard about it from the respondents. When the petitioner...
Tag this Judgment!Court : Kerala
..... parameters for grant of bail and cancellation of bail are different. there is no dispute to this position. but the question is if the trial court while granting bail acts on irrelevant materials or takes into account irrelevant materials whether bail can be cancelled. though it was urged by learned counsel for the appellant that the aspects to be ..... , without giving an opportunity of being heard to the special public prosecutor for ncb, thereby totally disregarding the mandatory procedure under section 37(1) (b) (i) of the ndps act. a1 and a4 were enlarged on bail through crl.m.p.no.1477/15, and a2 and a3 were enlarged on bail through crl.m.p.no.1454/15. challenging ..... public prosecutor for the 'narcotic control bureau'(hereinafter referred to as 'the ncb'), thereby totally disregarding the mandatory procedure contemplated under section 37(1)(b) (i) of the ndps act, the ncb had approached the said court under section 439(2) cr.p.c. through crl.m.p.no.1560/15 in s.c.no.357/15, seeking the .....
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..... order of the registrar, the second respondent, who has appointed an administrator by exercising his powers under section 33(1) of the kerala co-operative societies act ('the act' for brevity). 2. very briefly stated, the respondent federation got a duly elected managing committee comprising 23 members: 14 elected, 7 ex officio and ..... of leadership in a constitutional democracy. this higher sense of responsibility is what amery calls a state of mind, which weighs the consequences of action and then acts, irrespective, it may be, of the concurrence or approval of others this is the responsibility of leadership, of conviction, conscience, judgment, and integrity. it ..... cancerous growth, and then amputating the limb in the name of cure. here, the government, rather its representatives, cause the impasse. its another representative acting in a quasi-judicial capacity finds it to be a failure of the administrative mechanism. and the remedy is, disbanding the very mechanism the managing committee, .....
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..... prosecution and criminal miscellaneous cases filed by the accused who are facing prosecution, for offences under different sections of the prevention of food adulteration act, 1954 (for short, pfa act ) read with different rules of the prevention of food adulteration rules 1955 (for short, pfa rules ), relating to food adulteration were placed ..... may, after consultation with the committee and after previous publication by notification in the official gazette, make rules to carry out the provisions of this act: provided that consultation with the committee may be dispensed with if the central government is of the opinion that circumstances have arisen which render it ..... the files of the court of judicial first class magistrate, kunnamkulam. he was tried for various offences under the prevention of food adulteration act, 1955 (for short the 'pfa act') read with different rules under the prevention of food adulteration rules (for short the 'pfa rules') along with the first accused therein. .....
Tag this Judgment!Court : Kerala
..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that all human probability the act must have been done by the accused. a case can be said to be proved only when there is certain and explicit evidence and no person can be ..... later took his wife to her parental home and left her there. later, his wife came down and apologized. they started living together. when ambika repeated the aforesaid objectionable acts, the appellant left the house and started residing in the house of his sister at kadavanthra, ernakulam, for about two months. later, after much persuasion from his family ..... a pump house. the books, slate, plastic kits, lunch boxes and school bags of the minor daughters were placed on the side of the well. thereafter ,in a ghastly act, the children were thrown into the well. (d). in the meantime, since the appellant along with the children did not return back home, pw1 asked pw9 - velayudhan to .....
Tag this Judgment!Court : Kerala
..... statutory mechanism; it has been conveniently bye-passed by the petitioner. drawing my attention to section 83(1)(j) of the kerala co-operative societies act, 1969 ('the act' for brevity), the learned counsel has contended that there is no legal justification, not even a whisper, in the writ petition why the petitioner ..... to be set aside? vii. whether the petitioner is required to be re-instated after revoking his suspension? viii. whether the sixth respondent can act as a presenting officer in the disciplinary proceedings initiated against the petitioner? ix. whether the petitioner has the necessary locus standi to file the writ petition ..... sixth respondent now as the secretary is also the presenting officer in the disciplinary proceedings initiated against the petitioner. according to him, since the sixth respondent acts at the behest of the fifth respondent, the petitioner would not get any fair departmental enquiry. under these circumstances, seeking the invalidation of exhibits p2, .....
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