Court : Kerala
..... , put up a boundary wall and dug a well in it. a sub centre of the health department functioned in the building for 30 years. in 1994 under section 210 of the kerala municipalities act administration, control and management of the property vested in the second defendant-municipality. it is a trustee of the government. just before and after the institution of ..... .362 of 2013 -5- opportunity will be given to the plaintiff/appellant to issue notice to the government under section 80 c.p.c. in the result, this appeal is dismissed. the appellant may issue a notice to the government under section 80 c.p.c. within one month informing it about the reliefs he may claim. if the suit is proceeded .....
Tag this Judgment!Court : Kerala
..... the central information commission failed to provide information sought for by the petitioner. the petitioner submits that this is a fit case where section 20 of the right to information act can be imposed. i am of the view that there is no mala fide intention on the part of the respondents in not ..... is an enactment to provide information to the citizen in order to promote transparency and accountability of working of every public authority. the act defines information under section 2(f) which reads as follows: "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders ..... on the petitioner's representation, it cannot be provided to the petitioner. by making a request for obtaining information, an applicant under the right to information act cannot expect a public authority to generate "information". the information already available on the records has to be supplied to the petitioner. seeking redressal of .....
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..... so many decisions that where prosecution will not serve any purpose, or will only waste the precious time of the court, the high court can very well act under section 482 of cr.p.c and quash the prosecution. in this case, i am definite that the prosecution cannot in any manner improve the case as ..... this petition is allowed. the prosecution against the petitioner herein in c.c.712 of 2012 pending before the additional sessions court - v, kozhikode will stand quashed under section 482 of the code of criminal procedure, and the petitioner will stand released from prosecution. the bail bond, if any, executed by the petitioner will stand discharged. ..... in crime no. 424 of 1998 of nadakkavu police station in kozhikode district, registered under sections 143,147, 148, 332 and 395 of indian penal code and also under section 3 (2) (e) of the prevention and damage to public property act. the alleged incident happened in connection with some protest. instead of identifying the prominent persons .....
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..... no.3711/2012 9 to how and in what manner the accused was guilty of consent and connivance or negligence and therefore, responsible under sub-section (2) of section 141 of the act. from the above discussion, the following principles emerge: (i)the primary responsibility is on the complainant to make specific averments as are required ..... the company shall be deemed to be guilty of such offence. similar expression can be seen in section 141 of the negotiable instruments act, section 34 of the drugs and cosmetics act, 1940 and section 14a of the employees' provident funds and miscellaneous provisions act, 1952, etc. the supreme court in s.m.s.pharmaceuticals v. neeta bhalla (2007 ( ..... without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is .....
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..... is sought to be put by the learned senior counsel appearing for the appellant runs contrary to the legislative scheme delineated by the land acquisition act, 1894 read with section 14 of general clauses act. when the power of acquiring a land can be exercised "from time to time as occasion requires". to read fetter in that power ..... of such public notice, being hereinafter referred to as the date of the publication of the notification)." 13. by kerala state amendment act 25 of 1985, in sub-section (1) of section 4 of the land acquisition act, after the words "any locality", the words "in the state of kerala or within the jurisdiction of the collector, as ..... the judgments cited at the bar. the court came to a categorical finding that for the purpose of examining the validity of a notification under section 4 of the land acquisition act, the question of possession of land is absolutely irrelevant; the examination should remain confined only to the question of existence of public purpose. the .....
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..... . state of punjab and another[ 2014 (2) klj252, the hon'ble supreme court has held that even in cases involving non- compoundable offences, the high court can act under section 482 of cr.p.c and quash the prosecution, if the parties have amicably settled the whole dispute, and crl.m.c no.5607 of 2014 3 continuance of prosecution ..... now. on a perusal of the case records, i find that prosecution does not have any definite material for a prosecution under the kerala money lenders act. so also, i find that section 308 of indian penal code was incorporated in the f.i.r on the basis of some hypothetical statement. a perusal of the wound certificate relating ..... waste of time, when the parties have really settled the dispute, and when there is absolutely nothing to attract the offence under section 308 of indian penal code or the offence alleged under the kerala money lenders act. i find that the prosecution is liable to be quashed. in the result, this petition is allowed. the prosecution against the .....
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..... wasting the precious time of the court. in so many decisions, the honourable supreme court has held that even in cases involving non-compoundable offences, the court can act under section 482 cr.p.c., and quash the prosecution, if the court is well satisfied that continuance of prosecution will not serve any purpose. in the result, this ..... crl.m.c. is allowed. the prosecution against the petitioner herein in c.p. no. 33/2014 of judicial first class magistrate court, vaikom will stand quashed under section 482 cr.p.c., and the petitioner will stand released from crl.m.c.. no. 5446/2014 4 prosecution. the bail bond, if any executed by the petitioner ..... dated this the 10th day of october, 2014 order the petitioner herein is the original 2nd accused in crime no. 590/2008 of the thalayolaparambu police station, registered under sections 114, 143, 147, 148, 308, 326, 324 and 323 ipc. the prosecution case is that as part of a criminal design made by the petitioner and his co .....
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..... be applicable in the case of appointment of members to the administrative committee, in which the registrar has a wide discretion as per section 33 of the kerala co- operative societies act, 1969 (for short 'the act'). even a person, who is not a member, is entitled to be appointed as per the specific provision in the statute, is ..... and that even a person who is not a member of the society, can be so appointed, as per section 33(b) of the act. however, in exercising such discretion, it cannot be said that the registrar can act contrary to the provisions made in the rules and without looking into the antecedents of a person.4. it is ..... discretion.5. there is definitely no disqualification as to the appointment of administrator, either in the statute or the rules. though even an outsider could be appointed under section 33; a person who would otherwise be disqualified from being elected and continued as a committee member cannot be appointed to the administrative committee. the 3rd respondent, .....
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..... in interpreting the definition of "person" envisaged in sec.2(43) of the land reforms act. the court below went wrong in disallowing i.a.no.923/2014 filed for receiving the death and burial certificate of late paily. the death certificate produced ..... discussed therein. on the discussions in paragraphs 11 and 12, the court ought to have held that even if paily had died prior to the commencement of the land reforms act, his right as a 'kudikidappukaran' entitled to fixity of tenure would still devolve upon all his legal heirs together and not upon one among them. the court below went wrong .....
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..... also pointed out in the writ petition that in similar appeal petitions, the numbers of which have been furnished, filed by the company challenging similar orders under section 14b of the act, damages by way of penalty was assessed by the appellate authority at 22% inclusive of interest. that order was produced as ext.p6 in the writ ..... w.a. no.1338 of2014::3. :: industry at the relevant time and that discretion should be exercised to reduce the penalty by way of damages under section 14b of the act.4. in the writ petition, it is stated that bpl limited is a public limited company which was engaged in manufacture of televisions and other electronic items ..... appeal by the employees provident fund organisation.3. it is well settled that the assessing authority has discretion in imposing damages by way of penalty under section 14b of the act read with para 32a of the scheme. it is also well settled that various factors which disabled the assessee from paying the dues within the prescribed .....
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