Court : Kerala
Decided on : Sep-29-2006
Reported in : 2006(4)KLT712
..... year experience as tutor/registrar/demonstrator or an equivalent post in a recognised medical college imparting undergraduate training. a candidate holding medical qualification registerable under the medical council of india act, 1956 and such other qualification as may be recognized by the medical college of india from time to time is eligible to take the board's examination. candidates are required ..... by this court has been conducting the said examination. it may continue to do so unless a competent body is created by the central government in terms of a parliamentary act or otherwise. allexpenses for conducting such examination shall be borne by the central government which would also provide the requisite infrastructure therefor. one test shall be held for all the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-05-2006
Reported in : 2007CriLJ1488; 2006(4)KLT978
..... , he is not able to deposit the huge amount of fine of rs. 1 lakh which is imposed on him, being the minimum fine for offence under section 8(1) and (2) of the abkari act.3. petitioner is stated to be a coolie, getting a meager income of rs. 1,000/- which is not sufficient to meet even his daily needs ..... during pendency of appeal? this question arises for consideration in this petition.2. petitioner filed an appeal against the conviction and sentence passed against him for offence under the abkari act. in the said appeal, this court suspended the sentence of imprisonment alone, on an application filed by appellant. the sentence of fine was not suspended but this court granted time .....
Tag this Judgment!Court : Kerala
Decided on : Sep-28-2006
Reported in : 2006(4)KLT497
..... teacher. if graduate teachers with the foresaid qualification and service are not available in the school or schools under the same educational agency, the senior most primary school teacher with section s.l.c. or equivalent and t.t.c. issued by the board of public examination kerala or t.c.h. issued by the kamataka secondary education examination board, ..... ' in rule 45a mean lower primary school assistant.21. we don't accept the above contention. as already noticed, in a primary school having lower primary and upper primary sections, the seniormost qualified primary school teacher among l.p.s.as., u.p.s.as. and language teachers, will have the right to be considered for promotion to the ..... post of headmaster of u.p. school, in the absence of a graduate teacher with the requisite training and service qualifications. in an upper primary school having l.p.section also, the members of the teaching staff will consist of l.p.s.as. and u.p.s.as. the staff list or the seniority list shall be common .....
Tag this Judgment!Court : Kerala
Decided on : Oct-11-2006
Reported in : 2006(4)KLT932
..... statutory mandate and give notice well in advance, before the commencement of the half year period in question.5. but it is pertinent to note that section 238 of the act postulates that 'half yearly tax shall be payable by the owner of the assessed property within 30 days of the commencement of each half year'. thus ..... or he can request for adjustment of the tax paid by him towards tax payable for the succeeding half year. thus evidently the clauses in section 238 and 239 of the act sufficiently indicate some amount of flexibility. therefore, a rigid or pedantic interpretation cannot be imported in the matter of notice or intimation to be furnished ..... entitled to get remission if he does not give notice to the corporation prior to the commencement of the relevant half year period.4. section 239 of the kerala municipality act, 1994 (for short the act) which deals with vacancy remission is quoted hereunder:239. vacancy remission:-(1) when any building, whether ordinarily let or occupied by the .....
Tag this Judgment!Court : Kerala
Decided on : Mar-09-2006
Reported in : 2006(2)KLT127; (2006)IILLJ985Ker
..... to be made to such funds and all matters relating thereto:7. the kerala headload workers (regulation of employment and welfare scheme, 1983 is issued under section 13 of the act. under paragraph 5 of the scheme:the board shall be responsible for the general welfare of the headload workers, and for the said purpose, may incur ..... have the concurrence of the board and the government'. paragraphs 31 and 32 are also relevant which read as follows:-31. each committee constituted under section 18 of the act shall arrange to contribute every month to the headload workers welfare fund a sum calculated at rs. 1 per worker per month in respect of all ..... total wages at the close of each financial year for payment towards his terminal benefit on retirement, superannuation, death, disability etc.under section 24 of the act the provisions of the workmen's compensation act, 1923 and the rules made thereunder applies mutatis mutandis to the headload workers and they are deemed to be workmen within the meaning .....
Tag this Judgment!Court : Kerala
Decided on : Feb-01-2006
Reported in : I(2007)ACC201; 2007ACJ889; 2006(4)KLT133
..... the tribunal.14. the impugned award is set aside and the case is remanded to the tribunal, directing the tribunal to dispose of the application under section 170 of the act, after hearing both sides. the claim petition shall thereafter be considered afresh and disposed of, in accordance with law. parties shall appear before the ..... by insurer is still maintainable.9. but, the situation here is different. unlike in jyotsnaben's case, there is total lack of an order under section 170 of the act in this case. further, the owner-cum-driver herein filed written statement, specifically disputing involvement of his vehicle in the accident. he also examined himself ..... the precise question which falls for consideration in this case.2. this appeal is filed by the insurer. an award was passed against the insurer, under section 166 of the act. according to claimant, the vehicle involved in the accident bears no. kl-5a/6185 which is insured with appellant. the appellant admitted insurance, but contended .....
Tag this Judgment!Court : Kerala
Decided on : Sep-01-2006
Reported in : 2006(4)KLT793
..... case was one where the delinquent had been proceeded against departmentally for amazing wealth disproportionate to his income and simultaneously prosecuted alleging offence punishable under section 5(1)(e) read with section 5(2) of the prevention of corruption, 1988 for the very same charge of amazing disproportionate wealth as compared to his income. the ..... of that infraction, if at all there is.11. the application of the principles of natural justice intends to prevent an authority vested with power from acting arbitrarily affecting the rights of others. no better instruments has been devised for assuring to give a person in jeopardy an opportunity to meet the case ..... shri k.b. babu, storekeeper failed to keep proper records of the lorry receipt and signed the marine delivery receipts without checking the lorry receipts. the said act of shri kb babu, storekeeper is unbecoming of a government servant within the rule 3(1)(iii) of central civil services (conduct) rules, 1964.article ivthat .....
Tag this Judgment!Court : Kerala
Decided on : Jun-08-2006
Reported in : 2006CriLJ4702; 2007(4)KLT268
..... that the patient's condition became worse, on complaint of which further injection was administered by her. this will prove the ingredients of the offence punishable under section 328 ipc, the public prosecutor points out.18. it was thereupon submitted by the counsel for the appellant that, on admission in aradhana hospital, immediately after ..... . she died there. there is no evidence that death was connected in any way due to the negligent act of the accused. unless the death is connected to the act of the accused, she cannot be convicted under section 304, indian penal code. therefore, that conviction shall have to be reversed.13. but the public prosecutor ..... under section 304 part i. it reads:punishment for culpable homicide not amounting to murder - whoever commits culpable homicide not amounting to murder shall be punished with (imprisonment for life), or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by .....
Tag this Judgment!Court : Kerala
Decided on : Jan-13-2006
Reported in : 2006(1)KLT761
..... 14 documents as exts. p1 to p14 and 17 material objects as mos 1 to 17.4. after the close of the prosecution evidence the accused were questioned under section 3l3(1)(b) cr.p.c. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. they denied those circumstances and maintained their ..... any violence leaving no marks of struggle on the body of the deceased. according to us, the chances of a woman and a youth daring to commit such an act at such an hour in such a venue, are very remote. on the contrary, the circumstances adverted to above coupled with the paranoid symptoms of the deceased and ..... entered and the sentence passed against the appellants cannot be sustained. the appellants are, accordingly, found not guilty of the offence of murder punishable under section 302 i.p.c. read with section 34 i.p.c. and are acquitted of the same. they shall be set at liberty and released from the prison forthwith unless their continued detention .....
Tag this Judgment!Court : Kerala
Decided on : Oct-11-2006
Reported in : 2007CriLJ600; 2006(4)KLT905
..... the person against whom it was entertained. this view is supported by the earlier legislation on the subject. the sections of the earlier acts corresponding to in section 551 of the procedure code (act 10 of 1882), empowered the magistrate to act when a woman or female child was obtained for specified purposes; viz., adultery, concubinage, prostitution, deflowering or ..... ground for civil action for her. it is therefore contended that the expression 'unlawful' must have the same meaning as 'illegal' in section 43 of the ipc and consequently any act which furnishes a ground for a civil action must be held to be illegal and consequently unlawful and must in turn, attract and warrant ..... which i prefer to take that the expression 'unlawful' cannot be reckoned as equivalent to or synonymous with the expression 'illegal' appearing in section 43 of the ipc as to conclude that any act which would furnish a ground for a civil action can ipso facto justify or compel the court to invoke the powers under .....
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