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P.M. Sajan Vs. The Land Acquisition Officer Special Tahsildar and Othe ...

Court : Kerala

..... regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different ..... contemplates for circumstances when land acquisition shall be deemed to have lapsed. however, sub-section (1) indicates that the land acquisition proceedings initiated under land acquisition act, 1894 does not lapse rather has to be completed in accordance with the provisions as indicated in sub-section (a) and (b), whereas sub-section (2 ..... general clauses act, 1897. thus the principles under section 6 of the general clauses act shall be applicable unless there is a contrary intention in any other provisions of law. 18. section 6 of the general clauses act, 1897 is relevant which is quoted as below: 6. effect of repeal.- where this act, or any central act or .....

Chirayinkeezhu Service Co-Operative Bank Vs. K.Santhosh

Court : Kerala

..... employee, including a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co- operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)." 10. "co-operative societies" fall under entry 32 of the state list. "industrial and labour disputes" fall under w.a. nos.2516 of ..... of the disputes that can be settled by an industrial tribunal or labour court. we must in this connection, refer to a passage from the decision of the privy council in the labour relations board of w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:139. :- saskatchewan v. john east iron works ltd ..... of lords in a celebrated case, east end dwellings company ltd v. finsbury borough w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:92. :- council [1952 ac109. following observations were made by lord asquith: "if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from .....

Mary Tresa P.J. @ Sr. Teena Jose Cmc Vs. Bar Council of Kerala, Repres ...

Court : Kerala

Reported in : AIR2006Ker69; [2006(2)JCR244]; 2005(4)KLT745

..... the following conditions, namely :(a) ...(e) he fulfil is such other conditions as way be specified in the rules made by the state bar council under this chapter.'section 24a of the act provides, the grounds for disqualification for enrolment. it is common case that the petitioners do not suffer from any disqualification under section 24a, the rules ..... thereupon cease to practise as an advocate so long as he continues in such employment.nothing in this rule shall apply to a law officer of the central government of a state or of any public corporation or body constituted by statute who is entitled to be enrolled under the rules of his state bar ..... full-time employment/engagement under the church or the institutions under it, though, without remuneration, can also be a disqualification in certain cases, in such cases, the bar council has to take a decision, having regard to the facts of those cases.12. being a parish priest, also need not be necessarily a disqualification, as the same will .....

M.T. Joseph and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1974Ker28

..... entries in this statement and seeks to quash them. the main attack made by the father-petitioner is that certain sections of the land reforms (amendment) act. 1972 (act 17 of 1972) relied on in the draft statement are ultra vires the powers of the state legislature and therefore are null and void. it is ..... these properties as still belonging to the petitioner in o. p. no. 288 of 1973. the learned advocate-general relied on section 8 of the kerala land assignment act, which reads:'8. assignment to take effect with restrictions, conditions etc. according to their tenor. -- all the provisions, restrictions, conditions and limitations contained in any ..... been the nature of the petitioners' possession of the lands prior to the institution of these proceedings, the same had become unlawful thereafter. the land conservancy act 1957 and the machinery provided therein are to be utilised for eviction from government land in unauthorised occupation of another. the fact that the government proceeded to .....

Safiya S/O. Ubaid Vs. Rep. by Secretary,

Court : Kerala

Reported in : 2009(1)KLT7

..... (iv) as a member of the student community in a recognized educational institution, by virtue of his involvement, merely by his presence but without any overt act constituting the offence mentioned in clause (t) of section 2 without being involved in any criminal conspiracy facilitating the same, in an incident which occurred due ..... finding -- of the investigating officer and enter the subjective satisfaction while exercising the power for detaining a person under preventive detention? under the scheme of the act a known rowdy is a person, who is involved in the defined circumstances within a previous period of seven years calculated from the date of the order ..... police report) is forwarded along with the information by the police officer not below the rank of the superintendent of police to the detaining authority under the act, the detaining authority cannot look into the sufficiency or otherwise of the materials leading to the finding by the police officer regarding the commission of the .....

C.K. Rajan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1994Ker179

..... whereby the words 'social' and 'secular' have been added to the word 'democratic republic', the provisions of the guruvayur devaswom act enabling the hindu member of the council of ministers to nominate their representatives to the managing committee as if representing the denomination, cannot stand. according to him, after the ..... prouncements, it emerges that this summit court has widely enlarged the scope of pil .................. andrendered many virtuosic pronouncements and issued manifold directions to the central and state governments, all local and other authorities within the territory of india or under the control of the government of india for the betterment ..... public injury............................... it is not, inmy view, a sufficient answer to say that judicial review of the actions of officers or departments of central government is unnecessary because they are accountable to parliament for the way in which they carry out their functions. they are accountable to parliament .....

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... as amended by the c.p. and berar motor vehicles (amendment) act, 1947. very far-reaching amendments were introduced by the impugned act into motor vehicles act, 1939 in its application to central provinces and berar by section 3 of the amending act. item (ii) of sub-section (1) of section 43 of the central act was replaced by fixing maximum, minimum or specified fares or freights ..... decisions cited and considered the arguments on merit. the gist of the arguments of the learned senior central government standing counsel can be summarised as follows :a) the act is not exclusively meant for christians as contended by the petitioners.b) section 118 of the act does not curtail any right relating to religion. it only regulates disposal of property which is not .....

Glenny, C.J. Vs. the Catholic Syrian Bank Ltd.

Court : Kerala

Reported in : AIR2003Ker373; III(2003)BC454; [2003]117CompCas227(Ker); 2003(3)CTC111; 2003(2)KLT973; [2003]47SCL344(Ker)

..... a full meaning and content, have to be assumed to exist. the rule in this behalf ,was clearly enunciated in east end dwellings co. ltd. v. finsbury borough council, 1952 a.c. 109. lord asquith had observed as follows:'if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited ..... of the tribunal. he shall hold office for a term of five years or until he attains the age of 60 years, whichever is earlier. similarly, the central government can establish one or more appellate tribunals and specify the areas of their jurisdiction.8. under section 17, the tribunal is empowered and authorized 'to entertain and ..... provides for the transfer of the pending cases to the tribunals and the overriding effect of the act. section 36 confers power on the central government to make rules,7. a perusal of the provisions of the act shows that the central government has been empowered to establish the tribunals for the expeditious adjudication and recovery of debts due .....

Sreekala Vs. D.E.O.

Court : Kerala

Reported in : 2006(3)KLT840

..... through its manager. maintenance grant is granted by the government. salary and other perks for the staff of the school are given by the government. therefore, the fourth respondent is acting as an agent, it is stated, in the field of education. it is further alleged that it is a body financially, functionally and administratively dominated by or under the control ..... created by the transfer of any government owned corporation. the control is not particular to the body in question. the fact of regulatory control as is exercised under the education act and the rules cannot by itself make it an instrumentality under article 12. no doubt, it is discharging a public function, for, education is being imparted. but that, i do .....

Subramanian, S/O. Parangodankutty Vs. the State of Kerala,

Court : Kerala

Reported in : 2009(1)KLT77

..... entry 23 would stand cut down'. the court further held that 'to sustain the amendment, the state must show that the matter is not covered by the central act'. it is here that the court mentioned that 'once a declaration is made by the parliament in terms of entry 54, there is abstraction of the legislative ..... and transportation of sand, which would include river sand, a minor mineral, is, therefore, regulated by the provisions of the mmrd act and rules framed thereunder. if that be so, the central act and the rules framed thereunder legislatively cover each and every aspect dealing with the winning of river sand and transportation of sand. to that ..... transportation of the sand, a minor mineral, is an encroachment into a legislative field, completely occupied by the legislation passed by the central legislature viz., the mmrd act. in other words, the sand act, essentially and effectively constitutes a regulation for the removal of sand from the river beds, which is a minor mineral and it is .....