Court : Kerala
..... disability suffered by him. to concede such power to the p.s.c would tantamount to negativing the statutory protection that is guaranteed by the provisions of the disabilities act. therefore, we are not prepared to accept the contentions of the p.s.c on the above aspects. we are satisfied that, ext.p4 order has considered ..... suitability of a particular post or posts for the appointment of physically handicapped persons has been identified under sec.32 and reserved under sec.33 of the disabilities act, the only power available to the p.s.c is to assess the inter se merit of the candidates. the p.s.c does not have a ..... special provisions have been made for identification of posts which could be reserved for persons with disabilities and for reservation of such posts. sections 32 and 33 of the disabilities act read as under: "32. identification of posts which can be reserved for persons with disabilities.-- appropriate government shall-- (a) identify posts, in the establishments, which can .....
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..... where similar powers are conferred on officers who exercise statutory powers which are otherwise than sovereign powers as understood in the modern sense. the act deals with persons indulging in hoarding and black marketing. any power for regulating and controlling the essential commodities and the delegation of power to authorised ..... english decisions on this form of malpractice, namely misfeasance in public offices which includes malicious use of power, deliberate maladministration and perhaps also other unlawful acts causing injury. one of the reasons for this appears to be development of law which, apart, from other factors succeeded in keeping a salutary ..... apparently realising the difficulty in wriggling out of this situation, learned senior counsel for the corporation attempted to take refuge under section 372(a) of the act. section 372 provides that the secretary may, without notice, remove the encroachment. section 369 and 372, being relevant in this context, are extracted below .....
Tag this Judgment!Court : Kerala
..... seen to find out whether the amendment was necessarily intended to have retrospective effect. 31. eventually, having regard to the language employed in the amending act and the attending circumstances, the learned full bench was satisfied that the amended provision by necessary implication/intendment would operate retrospectively. thus, evidently, nowhere has ..... the enactment. we are, therefore, of the view that where a repeal of provisions of an enactment is followed by fresh legislation by an amending act, such legislation is prospective in operation and does not affect substantive or vested rights of the parties unless made retrospective either expressly or by necessary ..... initially, observed that when a provision of law had been amended by way of a substitution, it would relate back to the date of the act unless otherwise specifically stated. nevertheless, given the judicial cleavage on this aspect occasioned by a divergent view expressed by another co-ordinate bench, the learned .....
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..... police, vigilance and anti-corruption bureau(siu-1) to register a vigilance case for the offences under sections 7 and 13(1)(d) of the prevention of corruption act and to conduct an investigation. 4. the investigating officer conducted an investigation and prepared a factual report. at first, he submitted the factual report before the additional legal ..... view that there was no sufficient material to prove the ingredients of sections 7 and 13(1)(d) r/w section 13(2) of the prevention of corruption act, 1980. he gave a direction to the investigating officer in the following lines: from the documentary, oral and circumstantial materials presented in the factual report by the ..... therefore, no ingredients are there to bring out the offences under section 7 or 13(1)(d) read with section 13(2) of the prevention of corruption act, instead of directing the investigating officer to file a final report in tune with the scrutiny report, the director of vigilance ought to have exercised his powers under .....
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..... write the examinations without indulging in such mal-practices would end up getting lesser marks much to their disgust and frustration. the installation of cctv cameras would certainly act as a deterrent for a student to indulge in the mal-practices aforesaid for fear of being detected eventually. this is not to say that such cctv ..... cctv cameras for installation as is clarified by the order dated 14.10.2015 of the registrar. sections 5(xa) and 5 (xvii) of the mahatma gandhi university act, 1985 are relied on to contend that the university is well within its powers to issue such instructions. 3. i heard mr.kurian george kannanthanam, senior advocate ..... the university to carry out the aforesaid directions in deference to the opinion of the chancellor can be traced to the provisions of the mahatma gandhi university act, 1985. the university has the powers to fix the minimum infrastructural facilities that shall be provided in an unaided college under section 5(xa) of the mahatma .....
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..... and interests of the parties concerned, particularly, when no opportunity was provided to contest the matter, establishing that no circumstance envisaged under section 54 of the abkari act was involved. it was being pursued as a short cut method, without taking any step to meet the law and order situation, if so necessitated, making a ..... involved/established. 12. the learned government pleader sought to sustain ext. p2 order and submitted that the circumstances contemplated under section 80 of the kerala police act is also to meet the exigencies as in the instant case and that the executive magistrate was well within his competence to have invoked the said power. ..... conferred by the statute (which has already been notified in the gazette). as such, the power of executive magistrates under section 80 of the kerala police act is within the limited sphere of legislation for meeting the purpose/object of the statute and it stands on a different pedestal, than the administrative power being .....
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..... provision; particularly as to whether 'badge' is same as 'authorisation' to drive transport vehicle; more so when the term 'badge' is nowhere defined either under the act or under the central/state rules. 4. another important question to be considered is, if any contrary/limited eligibility is stipulated under the kerala rules (rule 6) ..... replacing the earlier entries of medium goods vehicle, medium passenger vehicle, heavy goods vehicle and heavy passenger vehicle. ). reference was also made to section 2(21) of the mv act , which defines the term 'light motor vehicle', which included a 'transport vehicle' as well , if unladen weight did not exceed 7500 kgm. but a distinction was ..... , the procedure ,the contents and such other aspects come strictly within the rule making power of the central government by virtue of section 27 of the act. the rule making power of the state government is only with reference to the matters enunciated under section 28 and as such, the state government cannot .....
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..... motion, the creditors concerned is to approach the company court for appropriate directions regarding the realisation of its securities consistent with the relevant provisions of the companies act regarding distribution of the assets of the company-in- liquidation." 22. coming to the verdict passed by the apex court in official liquidator vs. allahabad ..... distribution of income generated. it was accordingly made clear that on questions of adjudication, execution and working out priorities, the special provisions made in the rdb act have to be applied and nothing else. 21. the aforesaid decision was approved by a 'three member bench' of the supreme court in the subsequent decision ..... ( paragraphs 17, 18.), which requirement is satisfied in the instant case. the company court can proceed with the matter only if the machinery under the special act is not set in motion, submits the learned counsel. 14. mr. k.moni, the learned standing counsel for the official liquidator submits that based on the .....
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..... any contract of insurance to cover the risk in respect of the motor vehicles has necessarily to be in conformity with the other relevant provisions of the m.v.act as well, and never contrary to the same. however, the circumstances under which the additional premium of rs.15 was collected has not been established by the insurance ..... liability' are to be construed as statutorily liability, the extent is clearly discernible from section 147(2); which makes a reference to the ceiling under the workmen's compensation act. if this be the position, no additional premium was necessary to meet the 'legal liability' or statutory liability in respect of the claim of a driver engaged for ..... the vehicle was a 'goods carriage', was repelled and it was held by the tribunal that, by virtue of the mandate of section 147 of the m.v.act, the insurance company was bound to satisfy the liability in respect of owner or his representative accompanying the goods. a factual finding was also rendered that the appellant .....
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1. These writ petitions are respectively filed by the Manager and four teachers. The teachers are referred to by their names and the documents are referred to from W.P.(C) No.27736/10. 2. E.P.Sajith Kumar, the petitioner in W.P.(C) No.8287/12 was appointed on 5.6.2002 as an Assistant Teacher by Ext.P20 order ; whether such an appointment is as UPSA or LPSA is the crux of the controversy in the above cases. Subsequently, Latha E.V., the petitioner in W.P.(C) No.27736/10, was appointed as a LPSA on 31.5.2005 by Ext.P1 order which was approved w.e.f. 1.6.2005 onwards as per the endorsement of the Assistant Educational Officer (A.E.O.) seen in Ext.P1. Rajitha K., the petitioner in W.P.(C) No.35253/10 was appointed as a LPSA on 4.6.2007. Nisha M.Nair was appointed as a UPSA on 21.6.2002. The claim of Rajitha K. and Nisha M.Nair would depend on the resolution of the dispute arising between Sajith Kumar and Latha. 3. The brief facts, which led to the controversy, are that, in the year 2008-'0...
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