Court : Kerala
Decided on : May-22-2006
Reported in : 2006(3)KLT1
..... show cause and is liable to be declared as bad in law.2. in the course of the duties of the high court under section 32 of the travancore-cochin hindu religious institutions act, it came to the notice of this court that there was a practice prevalent in the travancore devaswom board of giving advances to the ..... decisions have been brought to our notice, no direct decision on the point is available. the 1st respondent, being a statutory authority constituted under the travancore-cochin devaswom act, is amenable to the writ jurisdiction of this court. any arbitrary decision by the 1st respondent is liable to be challenged under article 226 of the constitution of india ..... counsel need not have been instructed to file it. therefore this ground also is effectively replied by the petitioner.8. the 4th complaint is that the petitioner acted against the interest of a temple advisory committee in a writ petition filed before this court and the secretary of the committee had filed ext.r1(h) complaint .....
Tag this Judgment!Court : Kerala
Decided on : May-24-2006
Reported in : AIR2006Ker279; 2006(3)KLT210; 2007(34)PTC98(Ker)
..... and unenforceable and also for issuance of a writ of certiorari to quash ext.p10 notification issued by the government of kerala under sub-section (1) of section 70 of the act (central act no. 21 of 2000). according to the appellant, while disposing of the writ petition, the learned single judge did not enter into ..... court, thiruvananthapuram and suit filed by the first respondent against the petitioner is pending in the district court, thiruvananthapuram. this writ petition was filed challenging section 70 of the act. it is also contended that ext.p10 circular issued is arbitrary, discriminatory and violative of article 19(1)(g) of the constitution of india and ..... on account of the pendency of the suit in the civil court and ultimately he is entitled to registration of copyright under the act. according to the petitioner, section 70 of the act which confers the unfettered powers on the state government to declare any computer system as a protected system is arbitrary and unconstitutional .....
Tag this Judgment!Court : Kerala
Decided on : May-24-2006
Reported in : AIR2007Ker38; 2006(2)KLT1022
..... also in the party array, simply because among the parties a husband and wife are also arrayed on rival side that cannot attract clause (c) of explanation to section 7(1) of the act.11. in shyni v. george and ors. 1997 (1) klj 573, this court considered the question whether the family court has jurisdiction to entertain a suit filed ..... states that the provisions of the code of civil procedure shall apply to the suits and proceedings before the family court, subject to the other provisions of the act and the rules. section 13 states that notwithstanding anything contained in any law, no party to a suit or proceeding before a family court shall be entitled, as of right, to be ..... decree was passed by the trial court on 30-6-2004 in an application filed in 2003. the present suit comes under explanation (c) to sub-section (1) of section 7 of the family courts act, 1984 and therefore the civil court has no jurisdiction to deal with the suit. the decree passed in such a suit is void and non est. .....
Tag this Judgment!Court : Kerala
Decided on : May-24-2006
Reported in : 2006(3)KLT306; (2006)IIILLJ365Ker
..... committee constituted under the scheme for sending headload workers and it is for the committee to send the workers to the establishment according to the need.2. section 13 of the act reads as follows:13. scheme:(1) the government may, by notification in the gazette, make one or more scheme or schemes for any employment or group ..... considering objections and suggestions received within one month of the publication of such draft in the gazette.(2) subject to the provisions of this act and the rules made thereunder, a scheme made, under sub-section (1) may provide for all or any of the following matters, namely:(a) for the welfare of headload workers;(b) for ..... . rule 13 of the headload workers rules, 1981 also gives power to the board constituted under section 14 of the act to deal with administration of the fund as specified in the scheme or schemes. considering the provisions of the act and scheme, the learned single judge found that paragraph 29a of the scheme introduced with effect from .....
Tag this Judgment!Court : Kerala
Decided on : May-24-2006
Reported in : 2006(3)KLT103; 2008(1)SLJ198(Kerala)
..... judge by taking into consideration the provisions contained in rule 27(c) of the ks & ssr, the fact that the appellants were appointed pursuant to special recruitment in terms of section 17a of the ks & ssr and the decision of this court in p.j. grace v. state of kerala and anr. 1975 klt 227, the decision in o.p. no .....
Tag this Judgment!Court : Kerala
Decided on : May-26-2006
Reported in : 2006CriLJ3843; 2006(2)KLT1001
..... legally taken on oath.the word 'evidence' is not defined in the criminal procedure code. but the evidence act defines the word evidence. section 3 of the indian evidence act reads as follows:section 3 interpretation clause- in this act the following words and expressions are used in the following senses, unless a contrary intention appears from the ..... tulsidas mundhra's case a division bench of the calcutta high court has considered the meaning of the word 'evidence' in section 207a of cr.p.c. 1898 (amended by act xxvi of 1955). it was held that ail documents which are produced for inspection of the court fall within the definition of ..... court; such documents are called documentary evidence.the word document is also defined in the indian evidence act. section further clarifies that the expression 'electronic records' shall have the meaning assigned to it in the information technology act, 2000. a strictly scientific and logical definition of the term 'evidence' is hardly possible by exclusion .....
Tag this Judgment!Court : Kerala
Decided on : Jun-02-2006
Reported in : 2007CriLJ1633
..... widow is not entitled to maintenance during the period of iddat consequent upon her husband's death. thus, it is clear not only from section 3 of the act, but also from section 279 that a divorced woman is entitled to get maintenance during the period of iddat irrespective of the fact whether the marriage was consummated or not ..... in repelling the contention raised by the petitioner that the marriage had not been consummated.12. as regards the question of maintainability of an application under section 3 of the act by a divorced muslim woman even in the absence of consummation, there cannot be any room for doubt that a divorced woman can claim the benefits ..... qua non for entitlement of reasonable and fair provision and maintenance to a divorced muslim women?(ii) is the court debarred from entertaining an application under section 3 of the act before expiry of the iddat period ?the above questions have cropped up in the following facts and circumstances:3. the respondent herein who is the .....
Tag this Judgment!Court : Kerala
Decided on : Jun-05-2006
Reported in : 2006(3)KLT173
..... i.r. registered by a non designated officer is not vitiated because of the fact that the investigation was conducted by a person not authorised by section 5(a) of the act. in shamboogiri's case (supra), the allegations of bribe was levelled against the person working-under sub divisional magistrate. the sub divisional magistrate with ..... the rule and the investigation by an officer of a lower rank is an exception.it has been ruled by this court in several decisions that section 5a of the act is mandatory and not directory and the investigation conducted in violation thereof bears the stamp of illegality but that illegality committed in the course of ..... accused by a non designated officer vitiates the whole investigation conducted by the competent officer and whether the same is liable to be quashed.10. section 17 of the pc act 1988 reads as follows:persons authorised to investigate-notwithstanding anything contained in the code of criminal procedure, 1973(2 of 1974) no police officer below .....
Tag this Judgment!Court : Kerala
Decided on : Jun-05-2006
Reported in : 2006(3)KLT335
..... for misfeasance. in pharmaceutical society v. london and provincial supply association (4 qbd 310) it was held that the word 'person' used in section 1 of the pharmacy act will include a juridical person also. if a juridical person can maintain an action, such an action can be maintained against a juridical person also. ..... enacted laws specifically governing the broadcasting media, the law in this country has stood still, rooted in the telegraph act of 1885. except section 4(1) and the definition of telegraphic other provision of the act is shown to have any relevant to broadcasting media.since there is no special enactment governing the field, this ..... views and information available to its people.the supreme court held that section 4 of the telegraph act is the only section which deals with granting of licence to television channels but that section has no application. it was also held thus:the indian telegraph act, 1885 is totally inadequate to govern an important medium like the radio .....
Tag this Judgment!Court : Kerala
Decided on : Jun-05-2006
Reported in : [2007]139CompCas347(Ker); 2006(4)KLT543
..... it is not even passed on to one among the directors. therefore it cannot be taken that, that resolution was one duly passed in terms of section 289 of the companies act, to be acted upon in a proceedings like this. when ext. p9 looses its significance there is no power legally conferred on vijayan eapen, the executive director to sub ..... all the directors, except one have signed ext. p9 resolution. therefore there is nothing illegal in it. it is in tune with section 289 of the companies act, the appellant submitted.7. section 289 of the companies act reads as follows:no resolution shall be deemed to have been duly passed by the board or by a committee thereof by circulation, ..... the said umman was not in india at the relevant point of time. therefore ext. p9 cannot be taken as a resolution properly passed in terms of section 289 of the companies act, 1956. when the statute indicates a matter to be done in a particular manner, all the formalities so insisted by the statute have to be followed. .....
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