Court : Kerala
..... known to law, which is so understood by the person arrested." 7. chapter v of the code of criminal procedure lays down the provisions for arrest. section 41 of w.p.(c).no.24902/2014 -:7:- chapter v of the code of criminal procedure provides the power to the police to arrest a person ..... . the state failed to create adequate supervisory oversight mechanism to safeguard deprivation of liberty of individuals. it is an imperative requirement of law enforcement agencies to act cohesively in relation to intelligence gathering and evidence gathering through oversight mechanism to secure the freedom and liberty of individuals while being engaged in combating terrorism or ..... .23. next point to be answered is with regard to the action sought against individual officers for departmental action. the individual officers appear to have been acting without any mala fide intention. the facts clearly indicate that none of the police officers had any mala fide intention. any aberration in the procedural law .....
Tag this Judgment!Court : Kerala
..... electricity regulatory commission & others' [(2010) 5 scc23, wherein the hon'ble supreme court had occasion to consider the special limitation prescribed under sec.125 of the electricity act, 2003. sec.125 of the electricity act, 2003 reads thus:"25. appeal to supreme court.--any person aggrieved by any decision or order of the appellate tribunal, may, file an ..... that be so, only the standing committee could have the powers under rule 7 of the kerala panchayat raj act (taxation, levy & appeal) rules, 1996. rule 7 provides for powers of the standing committee for finance to give directions to amend assessment books and this rule has application where tax has been inadequately assessed or where ..... days per year. the order in this behalf was served on the appellant by registered post on 07.03.2006. on receipt of this order, the appellant filed a petition before the secretary on 26.10.2006. this petition was treated as an appeal against the order of the secretary and was placed before the .....
Tag this Judgment!Court : Kerala
..... the complaint and pass orders thereon. it was also submitted by the learned counsel for the bank that the prohibition in terms of second schedule read with section 8 of the act also applies.6. mrs.d.p.renu referring to the counter affidavit filed by the second respondent in wpc no.28767/2012 submitted that the lok ..... ayukta has jurisdiction and power to examine all the allegations in ext.p3. it was pointed out that as per section 2(o) of the kerala lok ayukta act, the lok ayukta has the authority to examine the allegations in the complaint, particularly, when the managing director as well as the chairman of ..... 2012 & conn. cases ..9.. relate to the existence of maladministration. it was further argued that the prohibition under section 8(1) read with section scheduled to the act is relatable to a complaint involving a 'grievance' as defined in section 2(h). it was submitted by the learned standing counsel for the bank that as the complaint submitted before the lok .....
Tag this Judgment!Court : Kerala
..... was of the view that the appellant was entitled to succeed.28. the petitioners in these writ petitions were adhering to a consistent stand that the respondents have acted as if section 6 declaration (ext.r5(b) dated 16.12.2008 continues to remain intact though in fact the same has been set aside in wpc no.25281/2009 and ..... national highway belonging to muhammed ali was also acquired. in 1998, pwd, government of kerala published a pamphlet envisaging the development plan for the memorial. later, the then finance minister in his budget speech declared that the decision of the government of kerala to raise the status of kumaran asan memorial into a national level institute of culture. thus ..... sanction for the purpose. ext.r5(o) was issued on 29.10.2009. the reference first cited in ext.r5(o) are the representations dated 2.8.2006, 3.9.2006, 16.10.2006 and 5.5.2007 from the secretary of the respondent institute. ext.r5(o) was issued after a lapse of about 16 months. thereafter urgent rule was .....
Tag this Judgment!Court : Kerala
..... is the word 'kanaka' and the said word is being used by the defendants also as part of their trade mark. it is evident from sub-sections (5) and (9) of section 29 of the act that the use of the distinctive part of the registered trade mark by another person who is dealing in goods or services in respect of which the ..... 'kanaka wedding centre' by the defendants is r.f.a.no.852/2013. 7 likely to create confusion among the purchasing public.9. the plaintiff is running their shop since 2006 and the defendants are running their shop since 2010. there cannot be any dispute to the fact that the use of the trade name 'kanaka wedding centre' by the defendants ..... defeated plaintiff in an action for passing off as also for infringement of a trade mark is the appellant.2. the plaintiff is a firm running a textile shop since 2006 in the name 'kanaka silks' at puthanathani in malappuram district. they are engaged in the retail as also wholesale trade of clothes, fabrics and dress materials. one of the .....
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..... that other accused persons were also involved and they are financing trafficking the narcotic substances and drugs and after complying with the formalities, or.no.1/14/ncb/kochi was registered for the offences under section 8(c) read with sections 20(b)(ii)(c), 28 and 29 of the ndps act. since the present petitioner is a juvenile in conflict with ..... protecting juveniles aged up to 18 years and preventing them from involving in criminal activities and also to protect their interest. it is true that under section 12 of the said act provisions have been made for they should not be sent to jail and they should not be tried along with other juveniles and special procedure has been ..... provided for trying juvenile in conflict with law. it is also seen from section 12(1) of the said act that if the court feels that there is reasonable ground to believe that the release is likely to bring him to association with any known criminal .....
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..... it is axiomatic that any common law principle of whatever vintage has to give way to the statutory stipulations. if we examine the provisions of the easements act, section 63 there of speaks of the licensee's rights on revocation; it is profitable to extract the same, which reads thus:"3. licensee's rights on ..... only restitution. thus, the common law cannon of restoration comes to an end in the face of statutory stipula- tion. in the present instance, however, section 249 of the act provides for an efficacious remedy. wpc3546114 & 2570/15 24 33. when all is said and done, the petitioners have essentially sought an equitable relief of ..... in the affairs of the respondent grama panchayat. he has submitted that the panchayat has constructed the building in question, using funds from kerala urban and rural financing corporation. all these years, the grama panchayat, contends the learned counsel, has never bothered to ensure proportionate returns from the property by letting out the shop .....
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..... (supra). paragraphs 20, 21 and 23 of that decision are quoted below for profitable reference. wpc.17328/14 & con. cases 23"0. section 4 of act 19 of 2006 provides for the constitution of an admission supervisory committee to supervise and guide the entire process of admission of students to the unaided professional colleges or ..... and approval of the committee. ext.p2 is a communication issued by the committee to 48 nursing colleges and to the association of management of self financing nursing colleges of kerala, directing the colleges to submit documents to establish their right of admission of candidates to the nursing courses. neither ext.p1 nor ..... be broadly summarised as follows. the committee has no power under the act to suo motu initiate any proceedings against the self financing colleges. it was also contended that the constitution of the committee has been statutorily prescribed in section 4 of the act and that in the absence of any provision prescribing a quorum, the .....
Tag this Judgment!Court : Kerala
..... (supra). paragraphs 20, 21 and 23 of that decision are quoted below for profitable reference. wpc.17328/14 & con. cases 23"0. section 4 of act 19 of 2006 provides for the constitution of an admission supervisory committee to supervise and guide the entire process of admission of students to the unaided professional colleges or ..... and approval of the committee. ext.p2 is a communication issued by the committee to 48 nursing colleges and to the association of management of self financing nursing colleges of kerala, directing the colleges to submit documents to establish their right of admission of candidates to the nursing courses. neither ext.p1 nor ..... be broadly summarised as follows. the committee has no power under the act to suo motu initiate any proceedings against the self financing colleges. it was also contended that the constitution of the committee has been statutorily prescribed in section 4 of the act and that in the absence of any provision prescribing a quorum, the .....
Tag this Judgment!Court : Kerala
..... (supra). paragraphs 20, 21 and 23 of that decision are quoted below for profitable reference. wpc.17328/14 & con. cases 23"0. section 4 of act 19 of 2006 provides for the constitution of an admission supervisory committee to supervise and guide the entire process of admission of students to the unaided professional colleges or ..... and approval of the committee. ext.p2 is a communication issued by the committee to 48 nursing colleges and to the association of management of self financing nursing colleges of kerala, directing the colleges to submit documents to establish their right of admission of candidates to the nursing courses. neither ext.p1 nor ..... be broadly summarised as follows. the committee has no power under the act to suo motu initiate any proceedings against the self financing colleges. it was also contended that the constitution of the committee has been statutorily prescribed in section 4 of the act and that in the absence of any provision prescribing a quorum, the .....
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