Judgment Search Results Home > Cases Phrase: delimitation amendment act 2003 section 4 amendment of section 8 Court: kerala Page 13 of about 6,923 results (1.340 seconds)

The Manager, St. Joseph's Model High School and Anr. Vs. Varghese K.T. ...

Court : Kerala

Reported in : 2009(2)KLJ721

..... is also subject to his supervisory jurisdiction and the said officer can take action against the managers of recognised schools, if they function in violation of the kerala education act and rules. having regard to the above legal position, we find that the direction issued by the learned single judge to take action against the first appellant cannot ..... the appointment of managers and sub-section (2) thereof specifically states that. 'managers shall be responsible for the conduct of the school in accordance with the provision of the act and the rules thereunder'. section 19 of the art specifically provides that the provisions of sub-sections 2, 4, 5, 6, 7, 8 and 9 of section 7 ..... appellants, the d.e.o. has no power or authority to take action against the manager of a recognised school.6. from the provisions of the kerala education act and rules, we notice that generally the powers and functions of the managers of recognised schools are in no way different from the powers and. functions of the .....

JortIn Antony and ors. Vs. Padmanabha Dasa Marthanda Varma and ors.

Court : Kerala

Reported in : AIR2000Ker369

..... section 97(1) is not confined in its operation to provisions of the code including the orders and rules in the first schedule which are actually amended by the amending act. the object of section 97 of the amending act appears to be that on and after feb. 1, 1977 throughout india wherever the code was in force there should be same procedural law in ..... , a division bench of this court held in arvindakshan v. sukumaran (2000) 1 ker lt 107 that order 37 of the code as substituted by the code of civil procedure amendment act, 1976 is in force in kerala with effect from 1 -2-1977 and continues to be in force.11. in a recent decision in madhavan nair v. ramankutty (2000) ..... or the passing of any other appropriate order which the court thinks suitable in the circumstances of the case.5. until the amendmentofrule 14 by the code of civil procedure (amendment) act, 1976, the power of the court under rule 14 of order xvi of the code did not extend to insisting on a party to the suit, being examined. the .....

Vinod Vs. Toddy Workers Welfare Fund Board

Court : Kerala

Reported in : (2002)ILLJ739Ker

..... collect the interest portion. this is an error committed in the office.4. we may indicate in this connection that the kerala toddy workers welfare fund act, 1969 was amended in the year 1996 and section 8-b was inserted which enables the chief welfare fund inspector or any other welfare fund inspector who has passed an ..... writ petitioners that orders issued under circular dated august 13, 1998 and on may 18, 1998 by the welfare fund inspector are beyond the scope of the act and the scheme and consequently all actions taken by the: welfare fund inspectors are without jurisdiction. counsel also referred to some of the decisions to establish their contention ..... the delayed payment of the amount on the april 10 of succeeding year till date of determination order. in the determination orders issued under section 8 of the act interest portion also could have been included. in trichur district interest portion was included in the order and the amount was recovered. in certain districts the officers .....

United India Insurance Co. Ltd. Vs. Alavi

Court : Kerala

Reported in : 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951

..... the intention of the legislature. if the legislature wanted to give the benefit to all pending proceedings the same could have been provided in the amendment act itself. there must be some provision in the statute which either expressly or by necessary implication would lead to an inference that the rights and ..... question whether the rights of the parties at the commencement of proceedings were intended to be notified, either expressly or by necessary implication. when the amending act proposes to give different dates of commencement to different sections, there is presumption against retrospectivity. again if a provision is capable of two interpretations, namely ..... the supreme court decision, a division bench of this court in oriental insurance co. ltd. v. asokan (supra) also granted the benefit of the amendment act to similarly placed persons even though the accident occurred prior to september 19, 1995.8. learned counsels appearing for the insurance companies however maintained the stand .....

Chellath Franklin, and ors. Vs. the Special Tahsildar, and ors.

Court : Kerala

..... or person known to be interested in the land. the procedure for inquiry under s.5-a is not like an elaborate trial. s.5- a (2) was amended and right of hearing was made mandatory consistent with development of law of natural justice. it would be open to the claimant to avail of the remedy of hearing." ..... initiate proceedings. reliance is placed on the decisions in rambhai v. state of gujarat (1995 (2) klt 16) and sarwan kumar and another v. madan lal aggarwal ((2003) 4 scc 147). 2. it is contended by learned senior advocate, shri n.nandakumara menon and the learned government pleader appearing for respondents that in the light of the ..... awarded by the land acquisition officer and obtained enhancement of compensation through civil court, petitioners cannot urge such a challenge. no doubt, proviso to section 11 of the act states "no award shall be made by the collector under this sub-section without the previous approval of the appropriate government or of such officer as the appropriate .....

Gopalakrishnan Nair Vs. R. Sarasamma

Court : Kerala

Reported in : AIR1980Ker109

..... main question was whether the law relating to dissolution of marriage that had to be applied to the case of a party to whom the cochin marumakkathayam act repealed by act 30 of 1976 applied would be the law in force on the date of marriage of the parties. it was contended there that the law in force ..... any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed.' unless a different intention appears the repeal will not affect any legal proceeding or remedy in respect of any right and such proceeding or ..... affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage, whether solemnised be-fore or after the commencement of this act. (3) & (4) .....' the express provision in the sub-section would save the rights recognised by custom conferred by any special enactment to obtain the dissolution of .....

Haneefa Rowther and anr. Vs. N.A. Abdul Kareem and ors.

Court : Kerala

Reported in : AIR1992Ker119

..... the limitation starts from the date of the decree. in the case which i am considering, the decree was made not only after the commencement of the act bat under the act. i have construed the decree as a decree for payment of money at recurring periods. hence the two judgments cited by counsel for the petitioner have no ..... made at a certain date or at recurring periods, the commencement of the period of limitation depends upon the nature of the decree. thus article 136 of the limitation act distinguishes decrees directing payment of money, at certain or at recurring periods, from the decrees which become enforceable immediately, the decree sought to be executed in e.p. ..... petition was filed on 1-1-1985. it was filed 13 years 8 months and 23 days after the date of the decree. article 136 of the limitation act which governs this case prescribes the limitation for filing an application 'for the execution of any decree ..........ororder of any civil court.'the execution petition in question is an .....

Rama Varma Bharathan Thampuran Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1979Ker181

..... a new definition of 'ruler' as follows:--' 'ruler' means the prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement, was recognised by the president ..... from such commencement, cease to be recognised as such ruler or the successor of such ruler; (b) on and from the commencement of the constitution (twenty-sixth amendment) act, 1971, privy purse is abolished and all rights, liabilities and obligations in respect of privy purse are extinguished and accordingly the ruler or, as the case may be ..... any law for the time being in force.- (a) the prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement, was recognised by the .....

Satyapalan Vs. State of Kerala

Court : Kerala

Reported in : 2002(1)ALT(Cri)335; 2002(82)ECC783

..... a fact that the small quantity of brown sugar as on the date of occurrencewas only 250 mg.; but it stands enhanced to 5 grams under the amendment act. theconsequence thereof is that the quantum seized in the present case would have beena small quantity if only the detection was made after 2.10.2001. ..... were collected by thetrial court on 18.12.2001 which is after the commencement of the amendment act,the accused should be given the benefit of the amendment viz., the lesser punishmentfor possessing small quantity as defined in the amendment act. the learned counselalso submitted that the case is cooked up by the prosecution without any factual ..... of retrospective effect with regard to the punishmentfor the offence vide section 41 of the amendment act. it is provided that any personfound guilty of any offence punishable under the principal act, as it stood immediatelybefore the commencement of the amendment act shall be liable for a punishmentwhich is lesser than the punishment for which he was .....

Joseph Devassia Katavil and ors. Vs. Changanacherry Municipality and a ...

Court : Kerala

Reported in : AIR1963Ker200; 1963CriLJ21

..... government of his highness the maharaja of travan-core, the term of office of honorary magistrates had been fixed as two years. but these rules have been amended in 1938 (vide acts and proclamations of travancore, vol. x, appendix a, page 31) and it is seen that rule 9 has been omitted and re-numbered as rule 10 ..... of office of an honorary magistrate shall be two years and he shall, unless, otherwise directed by government continue in office until his successor takes charge'.by this amended rule, it is clear that the old magistrates will continue in office until their successors have taken charge and there is no case that on the date when ..... by the accused in summary trial case 1787 of i960. he was prosecuted by the changanacherry municipality for offences under sections 334 and 359 of the travancore district municipalities act -- act xxiii of 1116--for contravention of the provisions of section 261 and the bye-laws framed thereunder for having stored in building no. 348, tiles, bricks and .....