Court : Kerala
..... (2) where a report under sub-section (1) is received before the judicial magistrate having jurisdiction, steps thereon, no contrary to the other provisions of this act, shall be taken as per the provisions of the code of criminal procedure, 1973 (central act 2 of 1974) and, if no claim is raised regarding the articles seized or where the court is satisfied that the application to release them is not satisfactory, they shall be subjected to confiscation under sub- ..... - where any person removes sand from any kadavu or transport sand there from without complying with the provisions of this act or the rules made thereunder, the tools, equipments, loading equipments, vehicles and other articles used or intended to be used for such activities, including sand, shall be seized by an officer not ..... :- shall be on sufficient security and such release or disposal shall only be till the completion of the confiscation proceedings under this act: provided further that the sand seized shall not, for any reason, be released to any person and the same shall be subjected ..... full value of the vehicle must be safeguarded before directing the state to part with the custody of the ..... the petitioner for the grant of interim custody of a vehicle which is allegedly involved in the contravention of the provisions of the kerala protection of river banks and regulation of removal of sand act, 2001 on condition that the owner remits an amount of rs.25,000/- pending the confiscation proceedings. ..... chapter v of the act .....
Tag this Judgment!Court : Kerala
..... tax is not defined under the rules whereas chapter xix of the act, relates to finance ..... etc - any arrear of cess, rate, surcharge or tax imposed or fees levied under this act shall be recoverable as an arrear of public revenue under the law relating to the recovery of arrears of public revenue for the time being in force: provided that the secretary of a village panchayat may directly recover by distraint, under his warrant, and sale of movable properties of the defaulter subject to such rules as may be prescribed: provided ..... 30533 of 2005 =================== dated this, the day of july, 2015 judgment this writ petition is filed seeking for a direction to respondents 3 and 4, the arpookara grama panchayat and its secretary, to refund to the petitioner an amount of `2,30,230/- with interest or to adjust the said amount towards the future monthly ..... proviso to section 210 indicates that the secretary of the village panchayat may directly recover by distraint, under his warrant, and sale of movable properties of the defaulter ..... in the result, this writ petition is allowed as follows:- respondents 2 and 3 are directed to refund to the petitioner an amount of `2,30,230/- (rupees two lakhs thirty thousand and two hundred and thirty only) within a period of one month from the date of receipt of a copy of ..... when a premises is caused to be closed by the secretary under sub-rule (7), he shall direct the w.p(c) no.30533/2005 -:8:- licensee to remit the amount due within the period that may .....
Tag this Judgment!Court : Kerala
..... it is useful to quote the observations of the privy council which are to the following effect: "in his long and careful argument for the appellant counsel finally relied on the act of 1936 urging that its provisions of were inconsistent with any other view that that the office of mutawalli was hereditary and that there were a statutory recognition of the correctness ..... is the test for deciding into which category a case falls one test is that if the issue was "necessary" to be decided for adjudicating on the principal issue and was decided, it would have to be treated as "directly and substantially" in issue and if it is clear that the judgment was in fact based upon that decision, then it would be res judicata in a latter case (mulla, p. ..... :- further submitted that by paragraph 7.4.0 the university/state government were directed to modify the relevant act and statute within six months of adoption of the regulation and the appointment of the fourth respondent having been made within the period of six months, there is no question of applicability of the 2010 regulations ..... of the judgment dated178.2012 in wp(c) no.18453 of2012 exhibit p10 true copy of the kerala veterinary and animal sciences university act, 2010 (notification dated241.2011 published in the kerala gaxette dated241.2011) respondents' exhibits: exhibit r1(a) true copy of g.o(rt. ..... (i) the vice chancellor; (ii) the registrar; (iii) the finance officer; (iv) the director of academics and research; w.p(c) no.24180 ..... 27.2.1973 .....
Tag this Judgment!Court : Kerala
..... issue a tariff order accepting the application with such modifications or such conditions as may be specified in that order; (b) reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this act and the rules and regulations made thereunder or the provisions of any other law for the time being in force: provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application. ..... , sri.mathew george belongs to the civil services group a in indian posts and telegraph department and has worked in different capacities in central government and another state and he was appointed as member (finance) in the kseb only for one year and 24 days from 01.08.2007 to 24.09.2008 and thereafter he was nominated in the managing w.p(c) no.19551 of 2012 and connected cases -:35. ..... details of calculations of erc and other related information shall be provided in the format prescribed in annex i to these regulations and shall be provided for each of the financial years as directed by the instructions given in each of these formats" regulation 4 provides for tariff filing. ..... , on its own, on being satisfied that there is need to review the tariff of a generating company, the board or any other licensee, shall initiate the process of review in accordance with the procedures set out in chapter ii of the general regulations. ..... chapter ii of the 2003 regulations contains the heading "erc and tariff .....
Tag this Judgment!Court : Kerala
..... submissions, the learned counsel has submitted that in almost all instances permissions were initially granted by the authorities in obedience with the directions in the earlier judgments involving the same petitioners and the respondent municipality on either side. ..... given the multiple rounds of litigation, it only serves the interests of justice to direct and accordingly this court directs the respondents to process the claims of the petitioners as expeditiously as possible, at any rate, within thirty days from the date of receipt of a ..... res judicata is engrafted in explanation iv of section 11 cpc and in many other situations also principles not only of direct res judicata but of constructive res judicata are also applied. ..... any judgment or order any matter in issue has been directly and explicitly decided the decision operates as res wpc3369714 & ..... chapter iv of the kerala municipality act deals with preparation and ..... it can further be seen that, pursuant to the directions in exhibit p3 judgment, the second respondent issued exhibit p4 building permit to ..... section 11 cpc provides that any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. ..... 141 cpc, the hon'ble supreme court has continued to hold that the principles of res judicata do apply to the writ petitions, a case in point being the decision of the apex court in direct recruit class ii engg. .....
Tag this Judgment!Court : Kerala
..... --(1) when any court in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 34, ..... reveal a circumstance where an insufficiently stamped document happened to be admitted by the trial court and directions are issued subsequently to the party who produced the same to pay the required stamp duty and ..... 59 of the kerala stamp act, the further opportunity to challenge will be on the district collector/state but only subject to r.c.r.nos.297 & 316/2014 -:20:- the directions of the appellate court to take ..... the consideration or examination of the evidence by the high court in revisional jurisdiction under these acts is confined to find out that finding of facts recorded by the court/authority below is according to law and does not ..... presence of places of public importance in the vicinity of the petition schedule building including the prevalent rate of rent of the buildings in the locality and revision of r.c.r.nos.297 & 316/2014 -:31:- municipal taxes and other statutory duties etc. ..... revision or fresh imposition of municipal taxes, cess, rate in respect of other increase in the charge of electricity or water consumption by the tenant and also by the landlord and increase on account of sufficient repairs would also be taken note of .....
Tag this Judgment!Court : Kerala
..... 36 counter affidavit is that, at every stage of the proceedings, the then secretary of the 2nd respondent grama panchayat was siding with the petitioner, in spite of the positive directions issued by the tribunal in ext.p4 order as well as the previous order of the tribunal in appeal no.446/2010, with the sole intention to delay the demolition of the unauthorised ..... order issued or action taken by the village panchayat, municipality or its secretary as the case may be, is not issued or taken in accordance with the procedure under, the panchayat raj act or the municipality act or the rules made thereunder it may direct such village panchayat or municipality or the secretary to issue notice or order or to take action afresh complying the procedure under law.21. ..... also contended that, since the building is constructed in a plot of land having an extent of 1.35 cents only, the construction is governed by the provisions under chapter viii of the kerala municipality building rules, 1999, which deals with buildings in small plots; that the construction was carried out after providing the requisite set back under ..... rules') deals with the procedure for filing an appeal or revision before the tribunal against a notice, order or proceedings of the village panchayat, or municipality or its standing committee for finance or the secretary in respect of any matter specified in the schedule appended to these rules or added to the said schedule by the government from time to time by notification. .....
Tag this Judgment!Court : Kerala
..... 36 counter affidavit is that, at every stage of the proceedings, the then secretary of the 2nd respondent grama panchayat was siding with the petitioner, in spite of the positive directions issued by the tribunal in ext.p4 order as well as the previous order of the tribunal in appeal no.446/2010, with the sole intention to delay the demolition of the unauthorised ..... order issued or action taken by the village panchayat, municipality or its secretary as the case may be, is not issued or taken in accordance with the procedure under, the panchayat raj act or the municipality act or the rules made thereunder it may direct such village panchayat or municipality or the secretary to issue notice or order or to take action afresh complying the procedure under law.21. ..... also contended that, since the building is constructed in a plot of land having an extent of 1.35 cents only, the construction is governed by the provisions under chapter viii of the kerala municipality building rules, 1999, which deals with buildings in small plots; that the construction was carried out after providing the requisite set back under ..... rules') deals with the procedure for filing an appeal or revision before the tribunal against a notice, order or proceedings of the village panchayat, or municipality or its standing committee for finance or the secretary in respect of any matter specified in the schedule appended to these rules or added to the said schedule by the government from time to time by notification. .....
Tag this Judgment!Court : Kerala
..... 36 counter affidavit is that, at every stage of the proceedings, the then secretary of the 2nd respondent grama panchayat was siding with the petitioner, in spite of the positive directions issued by the tribunal in ext.p4 order as well as the previous order of the tribunal in appeal no.446/2010, with the sole intention to delay the demolition of the unauthorised ..... order issued or action taken by the village panchayat, municipality or its secretary as the case may be, is not issued or taken in accordance with the procedure under, the panchayat raj act or the municipality act or the rules made thereunder it may direct such village panchayat or municipality or the secretary to issue notice or order or to take action afresh complying the procedure under law.21. ..... also contended that, since the building is constructed in a plot of land having an extent of 1.35 cents only, the construction is governed by the provisions under chapter viii of the kerala municipality building rules, 1999, which deals with buildings in small plots; that the construction was carried out after providing the requisite set back under ..... rules') deals with the procedure for filing an appeal or revision before the tribunal against a notice, order or proceedings of the village panchayat, or municipality or its standing committee for finance or the secretary in respect of any matter specified in the schedule appended to these rules or added to the said schedule by the government from time to time by notification. .....
Tag this Judgment!Court : Kerala
..... 36 counter affidavit is that, at every stage of the proceedings, the then secretary of the 2nd respondent grama panchayat was siding with the petitioner, in spite of the positive directions issued by the tribunal in ext.p4 order as well as the previous order of the tribunal in appeal no.446/2010, with the sole intention to delay the demolition of the unauthorised ..... order issued or action taken by the village panchayat, municipality or its secretary as the case may be, is not issued or taken in accordance with the procedure under, the panchayat raj act or the municipality act or the rules made thereunder it may direct such village panchayat or municipality or the secretary to issue notice or order or to take action afresh complying the procedure under law.21. ..... also contended that, since the building is constructed in a plot of land having an extent of 1.35 cents only, the construction is governed by the provisions under chapter viii of the kerala municipality building rules, 1999, which deals with buildings in small plots; that the construction was carried out after providing the requisite set back under ..... rules') deals with the procedure for filing an appeal or revision before the tribunal against a notice, order or proceedings of the village panchayat, or municipality or its standing committee for finance or the secretary in respect of any matter specified in the schedule appended to these rules or added to the said schedule by the government from time to time by notification. .....
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