Court : Kerala
Reported in : 1990CriLJ1028
..... matter and have refrained from filing complaints before the competent court against the petitioners for offences under the act and this is an attempt to harass the petitioners. these averments are denied by learned central government standing counsel appearing for the respondent.5. the seizures and arrests have been made under the ..... to the conduct of an authority not functioning under the code or to proceedings which are not criminal proceedings in court. as observed by the privy council in emperor v. nasir ahmad, 'the court's functions begin when a charge is preferred before it and not until then.' this observation has ..... of the learned counsel for the petitioners that the adjudication proceedings are delayed indefinitely and the initiation of criminal prosecution is being postponed indefinitely, learned central government standing counsel submitted that if the petitioners appear in person or through counsel in the adjudication proceedings, the proceedings can be expedited and immediately .....
Tag this Judgment!Court : Kerala
Reported in : 1991(51)ELT34(Ker)
..... d) as under :36a(d) a special court may, upon a perusal of police report of the facts constituting an offence under this act or upon a complaint made by an officer of the central government or a state government authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial.this ..... provides, that--'any officer referred to in section 42 who is authorised in this behalf by the central government or a state government may, during the course of any enquiry in connection with the contravention of any provision of this act-(a) call for information from any person for the purpose of satisfying himself whether there has been ..... the magistrate. under sub-clause (d) of section 36a(1) of the act--'a special court may, upon a perusal of police report of the facts constituting an offence under this act or upon a complaint made by an officer of the central government or a state government authorised in this behalf, take cognizance of that offence without .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
..... a) declare that the pattayams (title deeds) issued in respect of forest land on any day without obtaining due and proper approval of the central government under section 2 of the forest (conservation) act, 1980 have no sanctity in law and the same are per se illegal and void ab initio. 1(b) issue a writ of certiorari ..... case, (1996) 5 scc 647 : (air 1996 sc 2715) observed that the polluter pays principle' and 'the precautionary principle' are essential features of 'sustainable development'. in indian council for enviro-legal action's case, (1996) 3 scc 212 : (air 1996 sc 1446) the apex court adopted 'the polluter pays principle' as a sound principle to be ..... versatile use. social justice is due to the people and therefore the people must be able to trigger off the jurisdiction vested for their benefit. . . . .' [municipal council, ratlam v. vardh chand, air 1980 sc 1622.]26. the question that arose before the supreme court in rural litigation and entitlement kendra's case, air 1985 sc 652 .....
Tag this Judgment!Court : Kerala
Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)
..... statements of policy. the apex court in navjyothi co-operative group housing society v. union of india : air1993sc155 , after considering the house of lords decision in council of civil service unions v. minister for the civil service (1984) 3 all er 935 held as follows:it may be indicated here that the doctrine of ' ..... legitimate expectation' imposes in essence a duly on public authority to act fairly by taking into consideration all relevant factors relating to such 'legitimate expectation'. within the conspectus of fair dealing in case of 'legitimate expectation', the reasonable ..... ltd. v. needle industries newey (india) holding ltd. : [1981]3scr698 , it was held that directors have absolute power to issue right share provided they are acting under good faith. it was held as follows:where directors of a company seek, by entering into an agreement to issue new shares, to prevent a majority shareholder from .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT1075
..... identification parade at all. he arrested the accused and produced before the committal court. the accused were remanded to judicial custody. thereafter it was the superintendent of central prison who produced the accused before court and for identification. after the accused were remanded to judicial custody, p.w.30 had no control or responsibility over ..... . it can be used only to corroborate the substantive evidence given by the witness in court regarding identification of the accused as the doer of the criminal act.66. though identification parade is part of investigation, it should be held not by the police, but by a judicial magistrate or other independent agency. it ..... not suffer from any infirmity, that circumstance lends corroboration to the evidence given by the witness before court. the test identification parade is not a magisterial act. it is only the part of the investigation. the purpose of the identification parade is to test the veracity of the witness who tries to identify .....
Tag this Judgment!Court : Kerala
Reported in : [2003]131STC538(Ker)
..... the manufactured product--mineral water--is an excisable commodity leviable to excise duty. under chapter 22 item no. 22,01 and 22.02 of the central excise tariff act, 1985 mineral water is an excisable commodity. rule 5 of the prevention of pood adulteration rules, 1955 under appendix b thereto prescribes the standards for ..... and the manufactured product--mineral water--is an excisable commodity liable to excise duty under chapter 22, item no. 22.01 and 22.02 of the central excise tariff act, 1985. they have also alleged that certain other industrial units doing identical line of business were granted sales tax exemption under s.r.o. no ..... industrial units registered as such with the industries department concerned. they have also taken out registration both under the kerala general sales tax act, 1963 (for short, 'the act') and under the central sales tax act, 1956. they are also assessees on the files of the respective sales tax officers having jurisdiction over their business places. 3. .....
Tag this Judgment!Court : Kerala
Reported in : 1989(25)LC195(Kerala); 1989(44)ELT414(Ker)
..... matter and have refrained from filing complaints before the competent court against the petitioners for offences under the act and this is an attempt to harass the petitioners. these averments are denied by learned central government standing counsel appearing for the respondent.5. the seizures and arrests have been made under the ..... to the conduct of an authority not functioning under the code or to proceedings which are not criminal proceedings in court. as observed by the privy council in emperor v. nasir ahmad, air 1945 pc 18 'the court's functions begin when a charge is preferred before it and not until then ..... of the learned counsel for the petitioners that the adjudication proceedings are delayed indefinitely and the initiation of criminal prosecution is being postponed idenfinitely, learned central government standing counsel submitted that if the petitioners appear in person or through counsel in the adjudication proceedings, the proceedings can be expedited and immediately .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT396
..... sanction of the municipality or the government, undertake any work unconnected with his office. the main function of the commissioner under the repealed act and the secretary under the act is to implement the resolutions of the council. under the act the secretary is duty bound to implement the resolutions of the standing committee as well. it is the duty of the secretary to ..... benefit rules, 1967, the kerala municipal employees medical attendance rules, 1961, the kerala municipal pensionable employees central provident fund rules, 1981 etc. framed under the repealed act and the kerala municipality (employees death-cum-retirement benefit) rules, 1996 framed under section 222(1) of the act do not speak about 'officers' but speak only about employees as the beneficiaries of those rules and .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ344
..... order of the government in the university. in other words, the syndicate resolved to accept the alternate qualification of national apprenticeship certificate issued by the national council for printing in vocational trades as an alternate qualification to kgte (higher) in printing. it was pursuant to the above decision taken by the syndicate that ..... consequential amendment was not necessary as far as serial no. 127 ah the schedule is concerned.15. chapter iv of the act deals with the authorities of the university like the senate, syndicate, academic council, faculties, board of studies etc. section 19 postulates that the senate shall be the supreme authority of the university and ..... the members present and voting, any ordinance passed by the syndicate or any regulation passed by the academic council.16. the syndicate is the chief executive body of the university and section 23 of the act deals with the powers of the syndicate. it is true that the executive powers of the university including .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT823
..... the second respondent filed the complaint before the judicial first class magistrate-ii, ernakulam, alleging that the first petitioner, who is working as superintendent of police, central bureau of investigation and other petitioners who are working as inspectors of police of the same establishment had committed the offences punishable under sections 192, 194, ..... below the rank of an inspector.'in this connection the provision contained in section 5 of the delhi special police establishment act is also very relevant. section 5(1) reads as follows:--'the central government may by order extend to any area (including railway areas) in a state, not being a union territory ..... these rules shall have the same meaning as assigned to them in the code.'22. the officers of the central bureau of investigation, which is constituted under the provisions of delhi special police establishment act, are police officers under the provisions of the code of criminal procedure. there is absolutely nothing in the .....
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