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 .....
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..... present case the impugned government order reads to the following effect; the government in exercise of its powers conferred under section 24(8) of criminal procedure code 1973 (central act 2 of 1974) hereby appoint sri s satyanarayana prasad, senior advocate, high court of andhra pradesh, hyderabad as special public prosecutor under section 45t(1) ..... it goes without saying that appointment of a senior advocate as special public prosecutor goes with all its restrictions and prohibitions as contained in the bar council of india rules. senior advocate appointed as special public prosecutor is obliged to follow all restrictions as contained in the rules. he cannot appear ..... pleading. there is no such indication that the state government requires from the special public prosecutor, 4th respondent to act. 26. obviously, the acts which are prohibited under the rules of the bar council of india cannot be performed by a senior advocate. but senior advocate can examine and cross-examine a witness .....
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
..... the idea of a genus. in the above case the words any other process as used in section 2(f)(v) of the of the central excise and salt act came for consideration. the word any other process was used with many preceding words which contemplates the process which impart a change of lasting character ..... 28.06.2015 expelling the petitioners is without jurisdiction. he further submitted that removal of petitioners has been done without following the statutory provisions of the act and rules hence the writ petition was clearly maintainable. he submitted that no opportunity as required by section 17 including hearing in person was afforded to the ..... 407). the apex court in the above case was considering the case where the president of the municipal council was removed by the state government exercising power under section 55a of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965. in the above context the following was laid down by the apex court in paragraphs 22, .....
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..... 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 .....
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..... large.5. newspaper in india is registered under the press and registration of books act, 1867 (for short, "the prb act 1867"). this registration is a mandatory requirement under law. the parliament enacted the press council act 1978 to establish a press council for the purpose of preserving the freedom of the press and to maintain and improve ..... state and in our constitution:7. 1. the democracy survives only when there is a serious inter play between public opinion and law making. informed choice is central, in governance in democratic republic. in "democracy" every citizen is born with an appetite for information that transforms him as a true citizen. thus, like a ..... , in fact, is to create accountability and responsibility on the printer and the publisher for the news published. 8.8. the press council of india act, 1978 (for short, the "pci act 1978") was enacted to preserve the freedom of the press and for maintaining and improving the standards of newspapers and news agencies in india .....
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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..... 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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..... the case." w.a.584/14 - :34. :- "13a. power of government to fix interim rates of wages.- (1) notwithstanding anything contained in this act, where the central government is of opinion that it is necessary so to do, it may, after consultation with the board, by notification in the official gazette, fix interim rates ..... prospectively or retrospectively, as may be specified in the order." it can thus be seen that sub section (3) of section 12 of the act mandates that on the central government publishing in the official gazette etc. the order made under section 12(1) along with the recommendations of the board relating to the order ..... section 9 thereof provides for the procedure for fixation and revision of such rates of wages and for such purpose in respect of working journalists under the act, the central government shall, as and when necessary, constitute a wage board, which consists of three persons representing employees in relation to newspaper establishments, three persons representing .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT868; 2012(3)KHC702; 2012(3)KLT868
..... and he, who was working as deputy registrar (administration) of kerala "forest research institute, peechi which is one of the institutions under the kerala state council for science, technology and environment, was drawing pay in the pay scale of rs. 16650-23200 which is above the scale of pay of a deputy ..... respondents 1 and 2 to make appointment to the post of administrator, guruvayoor devaswom strictly taking into consideration the qualification prescribed under section 14 of the act. apart from these, the relief to issue a writ of prohibition restraining or forbearing respondents 1 and 2 from appointing the third respondent as administrator ..... is a rank among government servants. therefore, the said classification and description with reference to rank as noted above applies to the provisions of the act, which is under consideration. the duties and responsibilities of the administrator under section 17 would have prompted the legislature to insist that the choice of administrator .....
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