Court : Kerala
Reported in : ILR2011(1)Ker434
..... senior counsel for the petitioners further relied upon the decision of the apex court in howrah municipal corporation and others v. ..... order to see whether the rights and liabilities under the repealed ordinance have been put to an end by the act, the line of enquiry would be not whether the new act expressly keeps alive old rights and liabilities under the repealed ordinance but whether it manifests an intention to destroy them. ..... with respect: "conceding however, for the sake of argument that to the extent of a repugnancy between an order made under section 3 and the provisions of an existing law, to the extent of the repugnancy, the existing law stands repealed by implication, it seems to us that the repeal is not by any act of the delegate, but the repeal is by the legislative act of the parliament itself. ..... the question therefore is whether in the absence of any repeal of the kerala land utilisation order and whether even in case of such repeal the orders issued under the act will lose its significance and will become inoperative. 24. ..... by section 6 (c) of the general clauses act 1897, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed unless a different intention appears. 29. ..... being supreme, it certainly could make a law abrogating or repealing by implication provisions of any pre-existing law and no exception could be taken on the ground of excessive delegation to the act of the parliament itself. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker256
..... pollution act, 1974, brought in a comprehensive legislation and with that many earlier enactments stood virtually repealed. ..... of the proceeds of cess to consolidated fund of india and the application thereof (section 8), the powers of entry conferred on officers or authorities of the state government for carrying out the purpose of the act (section 9), provision for interest payable for delay in payment of cess (section 10), the penalty for nonpayment of cess within the specified time (section 11), and the recovery of amount due under the ..... the writ petitions sought diverse reliefs; and raised before the learned single judge three points :(i) the pulp division is not a 'specified industry' within the meaning of section 2(c) of the act, and no cess can consequently be levied in respect of that division under section 3; (ii) the proceedings of the appellate committee are vitiated by legal bias; and (iii) rule (6) of the water (prevention and control of ..... the inter connection between the cess act and the water (prevention and control of pollution) act, 1974, (hereinafter referred to as the 'pollution act') (central act 6/74) would be an important facet of the ..... virtually this will mean that all words and expressions in the cess act would have their meanings as assigned under the pollution act, for, the cess act has chosen to define only three words or expressions -- 'local authority', 'prescribed' ..... chairman, madura municipality, 1927 mad wn 835 : (air 1927 mad 961) ..... city municipality v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker101
..... statutes of 1977 issued by the government under the 1974 act contains exhaustive provisions for all matters required to be provided for by statutes under the act the 1972 first statutes issued under the repealed 1969 act are replaced by the first statutes issued in exercise of power vested in the government under section 83 of the repealing act 17/1974. ..... the learned counsel, chapter xlii of the 1972 statutes continues in force even after the repeal of the kerala university act 1969 by the kerala university act 1974 and a selection in violation of the first statutes of 1972 cannot be sustained in law ..... act 9 of 1969 under which the first statutes of 1972 were issued was repealed by the kerala university act 17 of 1974 ..... clear from sub-section (3) ofsection 82 of the latter act that the 1972 statutes issued under the repealed act can have no force after they are replaced by the first statutes issued under the repealing act. ..... of section 82 is clear in its terms that the statutes issued under the repealed act shall have force only up to such time as they are replaced by statutes issued under the repealing act. ..... statutes similar to the provisions contained in chapter xlii of the first statutes of 1972 it should be held that chapter xlii of the 1972 statutes is still in force by virtue of the provisions of sub-section (3) of section 82 of the repealing act. ..... issued the kerala university first statutes 1977 in exercise of power vested in it under section 83 of the kerala university act 1974. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker191
..... the entire case law on the point came to the conclusion that the essential of principles of natural justice that are to be observed by an authority dealing with the case of examinees using unfair means in examinations while acting quasi-judicially are as follows : '(l) the person whose rights are to be affected must be given notice of the case or the charges which he has to meet. ..... section 5 of the kerala university act, 1974, enumerates the powers of the ..... a result of these efforts a word in common usage has acquired the trappings of legalism : 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with latin tags ..... the only obligation which the law casts on them is that they should not act on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair opportunity to explain ..... kurukshetra, air 1976 sc 376, raised a contention that the university has acted beyond its power in cancelling the examination after having allowed the appellant to take the ..... 1 think that the person accused should know the nature of the accusation made: secondly that he should be given an opportunity to state his case; and thirdly, of course, that the tribunal should act in good faith, i do not think that there really is anything more'. ..... as stated earlier, clause (xxi) of section 23 of the kerala university act, empowers the syndicate to cancel the result of a candidate at any university .....
Tag this Judgment!Court : Kerala
Reported in : AIR1984Ker170
..... ratio of the decision was that in the framing of the rules, authorities had in view the general convenience of all the residents in the municipal area in order to ensure proper ventilation and sanitation for the rate-payers and possibly adequate means of preventing the spread of fire from one building ..... of action was founded, on rule 30 of the kerala municipal corporation building rules framed under the kerala municipal corporation act, 1961 (hereinafter referred to as the 'act') which enjoins providing a vacant space of 7 feet between ..... considerations impel me to recognise a citizen's right to institute a suit with a view to ensure effec-ive implementations of the municipal regulations, such as the buildings rules in the present case, even in the absence of a specific personal injury to the person ..... thatthere was express authorisation from thecorporation for the construction, the defendants raised a plea that even if therebe an infraction of a municipal regulation, that would not enable the plaintiffto have locus for sustaining a suit of thisnature. ..... sankarsan samal, air 1974 orissa 89, which held:'mere violation of the municipal plan or rules would not furnish the plaintiff with ..... case visited the property on '23-10-1973 and submitted his report and plan on 8-11-1973.an additional report had been called forand that was submitted on 27-5-1974.by that time the construction of thebuilding had progressed considerably,though not fully completed. ..... sa-mal, air 1974 orissa 89 (fb) and .....
Tag this Judgment!Court : Kerala
Reported in : (2002)ILLJ407Ker
..... ground that it was intended for the general welfare and benefit of the construction workers, overturning the judgment of the learned single judge who had declared section 9 of the said act as unconstitutional and void on the ground that there was no quid pro quo for the levy of 'fees' and that it would amount to unreasonablerestriction under article 19(1)(g) of the constitution. ..... the kerala agricultural workers act, 1974 is an act to provide for the welfare of agricultural workers in the state of kerala and to regulate the conditions of their work, as ..... agricultural workers, then, perhaps, it may amount to quid pro quo in that the conditions of the agricultural workers are regulated to some extent by the act; if the land owner does not, it is pure and simple a fee for which there is no quid pro quo. ..... , this court pointed out, at paragraph 37 of the judgment, as under:'it is to be noted that the act is a welfare legislation and is intended to implement the social security measures contemplated under the directive principles of state ..... in the state of kerala atleast their interests are taken care of by the kerala agricultural workers act, 1974.3. ..... the constitutional validity of section 9 of the keralaagricultural workers act, 1974. ..... it is contended that the levy on the land owners under section 9(1) of the amended act and is in the nature of a fee for which there is no quid pro quo in that the land owner has to fork out the contribution amount under section 9(2) irrespective of whether .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker393
..... contentions, the following points arise for consideration :(1) whether rule 5 of the kerala building rules, 1984 is ultravires of the kerala municipal corporation act, 1961 and confers arbitrary powers on the government and is bad ? ..... of law relating to the power of the government to grant exemptions in the matter of construction of buildings under the provisions of the kerala municipal corporations act, 1961, read with the kerala building rules, 1984. ..... therefore as long as there is enough guidance in the act, the building rules which go into the minute details regarding construction will be valid and if a power of relaxation is part of the said rules, the same will also be valid, for the legislature must be deemed to have noticed that, in municipalities or corporations today, it may be difficult to comply with every bit of the buildings rules, if the owner is to make best out of his ..... their lordships observed that enough guidance was provided by the preamble and operative provisions of the act for the exercise of discretionary power vested in the government under section 13 of the act so as to render the impugned section not open to attack as a denial of equal protection of laws under ..... udipi municipality, air 1974 sc 2177, wherein the municipality granted a licence for building a cinema hall in violation of the town planning scheme, the supreme court held that where the municipality abuses its powers and sanction is given contravening a building bye-law, the court could interfere .....
Tag this Judgment!Court : Kerala
Reported in : 1988(38)ELT618(Ker)
..... this doctrine finds expression in a common-form section which regularly appears in the amending and repealing acts which are passed from time to time in india. ..... supplemental to the penal code, and being so, any amendment in the difinition of section 21 of the indian penal code would have to be read into section 2 of the 1947 act stress was laid on the principle noticed by the privy council that whole incorporation of the provisions of one act into another will not generally attract subsequent amendments or modifications carried out to the incorporated statute, there was an exception that this principle will into apply ..... made after the commencement of this act repeals any enactment by which the text of any central act or regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal'.in the light of the principles thus stated the supreme court took the view in oathella sampathu chetty's case ..... counsel for the petitioner invited our attention to the madras act 37 of 1974 which amended the madras statute in consequence of this decision. ..... by the local act the board of trustees was given power to carry out improvement schemes within the municipal limits of calcutta to facilitate expenditious acquisition of lands for the purpose. .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ1866
..... in our judgment, the approach to deal with the smuggling activities sought to be prevented under the provisions of the said act 1974, would have to be looked and viewed with the approach set out by thomas jefferson (quoted by the supreme court, 1986 cri lj 786: air 1986 sc 687, prakash ..... the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as 'the said act') was enacted for preventive detention specifically with the object to provide for preventive detention for the said purpose because violations of foreign exchange and smuggling activities showed an increasingly deleterious effect ..... is posed for consideration on factual matrix of this petition is whether the petitioner can be justifiably and legally detained under section 3 of the said act if his acts of attempting, dealing or engaging in smuggling activities are outside india, when acts would amount to smuggling activities or attempts in regard thereto on crossing the customs barriers making them liable to confiscation.6. ..... that the said act, 1974 extends to whole of india and has no extra-territorial application and cannot reach anyone who is out-side the territorial limits of this country, in view of applicability clause : section 1(2) of the act. ..... powers and view, in question of exercise of extra-ordinary jurisdiction in regard to pre-execution challenge to the detention order will have to be looked into keeping in view the objects and purposes of the said act, 1974.19. .....
Tag this Judgment!Court : Kerala
Reported in : 2009CriLJ2758
..... of detention dated 31-5-2008, issued in exercise of the powers conferred on the government of kerala by section 3(1)(i) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as 'cofeposa act'). ..... detention was passed under section 3(1)(i) of the cofeposa act with a view to prevent the detenue from indulging in smuggling of goods, whereas the grounds of detention says that the detaining authority has arrived at the subjective satisfaction that the detenue is likely to continue to engage in prejudicial activities in future also and, therefore, it is necessary to detain him under sections 3(1)(i), 3(1)(ii) and 3(1)(iii) of the cofeposa act with a view to preventing the detenue from smuggling prohibited ..... order of detention says that it was issued to prevent the detenue from smuggling of goods, paragraph 14 of the grounds of detention says that it is necessary to detain the detenue under sections 3(1)(i), 3(1)(ii) and 3(1)(iii) of the cofeposa act with a view to prevent him from smuggling prohibited goods. ..... should be in a position effectively to make his representation against the order, he should have knowledge of the grounds of detention, which are in the nature of the charge against him setting out the kinds of prejudicial acts which the authorities attribute to him. ..... section 11 of the cofeposa act provides for revocation of detention orders at ..... stated so in his statement made on 10-4-2008 under section 108 of the customs act. .....
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