Court : Kerala
Reported in : 2000CriLJ3311
..... it fit to employ only the word 'information' without qualifying the said word. section 139 of the code of criminal procedure of 1861 (act xxv of 1861) passed by the legislative council of india read that 'every complaint or information' preferred to an officer in charge of a police station should be reduced into writing ..... of police to take necessary action and to direct his subordinates to take all action contemplated under law against the superintendent of police, palakkad for his criminal acts committed against the petitioner.2. the petitioner is a police constable with general no. 4317 in kap-ii battalion now under suspension. according to the petitioner, ..... which provision was subsequently modified by section 112 of the code of 1872 (act x of 1872) which thereafter read that 'every complaint' preferred to .....
Tag this Judgment!Court : Kerala
Reported in : ILR2011(1)Ker697
..... to dispose of, in relation to a particular scheme or to town planning in general, matters of aspecified nature which under the provisions of this act, are reservedfor the decision of the council.section 37 provides for joint town planning committee. sub-sections (1),(2), (3), (5), (7) and (8) are relevant for ..... are concerned. by referring to ext.p5, the amendedscheme for the central city of kochi, it is pointed out that therein aliberalised policy has been introduced by the government to have a properland use. 76. evidently, under the town planning act, 1939 general townplanning schemes and detailed town planning schemes are envisagedseparately. ..... w.p.(c) no.22857/2010 comes into the centralstage.apart from that, in ext.p23, the central government has alsoadvised to constitute a metropolitan planning committee in the light of theseventy fourth constitution amendment act. therefore, the idea to havesuch a streamlined spatialplanning under the new provisions of theconstitution has struck the .....
Tag this Judgment!Court : Kerala
..... parameters for grant of bail and cancellation of bail are different. there is no dispute to this position. but the question is if the trial court while granting bail acts on irrelevant materials or takes into account irrelevant materials whether bail can be cancelled. though it was urged by learned counsel for the appellant that the aspects to be ..... , without giving an opportunity of being heard to the special public prosecutor for ncb, thereby totally disregarding the mandatory procedure under section 37(1) (b) (i) of the ndps act. a1 and a4 were enlarged on bail through crl.m.p.no.1477/15, and a2 and a3 were enlarged on bail through crl.m.p.no.1454/15. challenging ..... public prosecutor for the 'narcotic control bureau'(hereinafter referred to as 'the ncb'), thereby totally disregarding the mandatory procedure contemplated under section 37(1)(b) (i) of the ndps act, the ncb had approached the said court under section 439(2) cr.p.c. through crl.m.p.no.1560/15 in s.c.no.357/15, seeking the .....
Tag this Judgment!Court : Kerala
..... for improvements argued by the learned counsel for the claimants is concerned, we may notice the definition of the word "tenant" under the kerala compensation for tenants improvements act which reads as follows: " "tenant" with its grammatical variations and cognate expressions includes- (i) a person who, as lessee, sub-lessee, mortgagee or sub- ..... there should be reasonable, but acceptable proof that the landlord has otherwise assented to the tenants continuing in possession after the termination. in all such cases, the act of the tenant is described as a tenant holding over. by such continuance in possession after determination, the person in occupation is called a tenant at sufferance. ..... interest in the property, gets the lease deed executed in his favour it is clearly an act of fraud per se and as such the subsequent transferee cannot be bound by such an act." in narayan rana v. balasore municipal council (air 2001 orissa 1), a division bench of the court held as follows: "under sec .....
Tag this Judgment!Court : Kerala
Reported in : (1987)62CTR(Ker)38
..... v. abdul sathar haji moosa sait : [1971]81itr230(ker) which also turned on the application of the income for the purpose of assessment under the agrl. it act, 1950. nor does the observation of the privy council in all india spinners association v. cit, bombay (1944) 12 itr 482 advance the case of the assessee. that case arose under the indian ..... it act, 1922 and the clear finding of the privy council on the construction of the constituent and dominant terms was that the primary object of the trust was the relief of the poor and the advancement ..... that the section (s. 5(1)(i) requires. i am fortified in this view by a decision of the privy council in all india spinners association v. cit, bombay (1944) 12 itr 482 where, construing a similar provision in the indian it act, 1922, the wordings of which read 's. 4(3) (i) - income derived from property held under trust .....
Tag this Judgment!Court : Kerala
Reported in : I(1988)ACC93
..... than in accordance with this schedule. any payment made by the company by reason of wider terms appearing in the certificate in order to comply with the motor vehicles act, 1939, is recoverable from the insured. see the clause headed 'avoidance of certain terms and right of recovery. 20. the supreme court negatived the contention that ..... in support of his contention that the death of a passenger similarly situated like the deceased is required to be covered under section 95 of the motor vehicles act. he invited our attention to a division bench ruling of this court in state insurance department v. sosamma manx, 1978 acj 504 (kerala). the question that ..... the plea of the counsel for the insurance company will have to be accepted and the insurance company held not liable under the requirements of the motor vehicles act.the above observations of the supreme court are applicable to the present case and in the circumstances the contention of mr. lakshmanan pillai, counsel for the insurance .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT62
..... kerala public service commission. panchayats in the state of kerala is now governed by the kerala panchayat raj act, 1994, (act 13 of 1994) which replaced the various enactments relating to panchayats and district councils so as to establish a three-tier panchayat raj system in the state in line with the constitution ( ..... the government relating to the course of studies of scheme of teaching or of such other matters...' when considered cumulatively, it is clear that under the act, the government has been empowered to issue general instructions. these can relate to the appointment, retrenchment and absorption in service. 28. the rules which constitute ..... seventy-third amendment) act, 1992 for securing a greater measure of participation of the people in planned development and in local governmental affairs .....
Tag this Judgment!Court : Kerala
Reported in : 2012(2)KLT133(SN)(C.No.129)
..... high court on the ground that the appellate tribunal has either decided erroneously or failed to decide any question of law. (10) the provisions of section 5 of the limitation act, 1963 (central act 36 of 1963), shall be applicable to any proceedings under sub-section(9). (11) the high court shall, after giving the parties an opportunity of being heard, pass ..... a question of law. this takes us to what exactly is a question of law. the matter is well settled by a catena of judicial pronouncements. both the privy council as well as the supreme court have adumbrated the scope and amplitude of a substantial question of law in the realm of sec. 100 of the code of civil procedure ..... who had 24 years of service in the college was the vice president of the college staff club for ten years. he was also a member of the college staff council for 7 years. in the year 2005, the principal of the college with the approval of the manager, changed the existing working time of the college. formerly it was .....
Tag this Judgment!Court : Kerala
..... of standards in universities and for that purpose to establish a university grants commission, as is seen from the preamble. the commission is to act as an expert body to advise the central govt. on problems connected with the co-ordination of facilities and maintenance of standards in universities.50. government of kerala introduced ugc scheme in ..... has not concurred and the finance minister has agreed with the finance department may be proceeded with unless a decision to that effect has been taken by the council of ministers; (iii) no re-appropriation shall be made by any department other than the finance department except in accordance with such general delegations as the finance ..... 8 provides that subject to the orders of the chief minister under r.14, all cases referred to in the second schedule shall be brought before the council in accordance with the provisions of the rules contained in part ii: it further provides that no case in regard to which the finance department is required to .....
Tag this Judgment!Court : Kerala
..... of standards in universities and for that purpose to establish a university grants commission, as is seen from the preamble. the commission is to act as an expert body to advise the central govt. on problems connected with the co-ordination of facilities and maintenance of standards in universities.50. government of kerala introduced ugc scheme in ..... has not concurred and the finance minister has agreed with the finance department may be proceeded with unless a decision to that effect has been taken by the council of ministers; (iii) no re-appropriation shall be made by any department other than the finance department except in accordance with such general delegations as the finance ..... 8 provides that subject to the orders of the chief minister under r.14, all cases referred to in the second schedule shall be brought before the council in accordance with the provisions of the rules contained in part ii: it further provides that no case in regard to which the finance department is required to .....
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