Judgment Search Results Home > Cases Phrase: howrah municipal repealing act 1974 Sorted by: recent Court: kerala Page 1 of about 264 results (0.063 seconds)

Kaipadath Property Development Company Vs. State of Kerala

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 order to see whether the rights and liabilities under the repealed ordinance have been put to an end by the act, the line of enquiry would be not whether the new act expressly keeps alive old rights and liabilities under the repealed ordinance but whether it manifests an intention to destroy them.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made under section 3 and the provisions of an existing law, to the extent of the repugnancy, the existing law stands repealed by implication, it seems to us that the repeal is not by any act of the delegate, but the repeal is by the legislative act of the parliament itself.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shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed unless a different intention appears. 29.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. .....

State of Kerala, Rep. by the Secretary to Government Food and Civil Su ...

Court : Kerala

..... take or authorize the taking of all measures necessary for securing the production of stocks or items so seized before the collector of district magistrate having jurisdiction under the provisions of the essential commodities act, 1955 and for their safe custody pending such production; (d) inspect, seize and remove with, such aid or assistance as may be necessary, books, registers, any other records or documents of ..... the provisions of the code of the criminal procedure, 1973 (central act 2 of 1974), relating to search and seizure shall, so far as may ..... to believe that such aircraft, vessel, vehicle or other conveyance or animal is' iable to be forfeited under the provisions of this act; (iii) of any books of accounts and documents which in the opinion of such person would be useful for, or relevant to, any proceedings under this act and the return of such books of accounts and documents to the person from whom they were seized after copies or extract there ..... court noted that section 6 does not either expressly or by implication repeal any of the provisions of the pre-existing law neither does it ..... although the observations made by the apex court in the above case were with reference to section 6 of the act which gave an overriding effect for the orders issued by the central government under section 3 of the 1955 act to the existing laws, issued under other statutes, however, the same principle can be borrowed and applied while giving effect to the orders issued by the ..... municipal .....

The District Town Planner and Another Vs. Antony Joseph and Others

Court : Kerala

..... land required, reserved or designated in a plan under this ordinance, shall be deemed to be a land needed for a public purpose within the meaning of the land acquisition act in force, and may be acquired by the government on request by the district planning committee, the metropolitan planning committee, the municipal corporation, the municipal council, the town panchayat or the village panchayat, as the case may be or by any development authorities constituted under this ordinance or government departments or quasi- government ..... in joy thomas (supra), the learned single judge having considered the scope and effect of the 2013 ordinance with reference to the previous town planning acts and the repealing provision thereof considered the question whether a draft master plan which was not finalised by the government is saved by virtue of the 2013 ordinance, which was repromulgated as ordinance 16 of 2014 and the latest of which is ordinance 11 of ..... (2) notwithstanding such repeal,- (i) any general town planning scheme for an area including master plan or development plan or a detailed town planning scheme published and/or sanctioned under the repealed acts shall be deemed to be a master plan or a detailed town planning scheme, as the case may be, published and/or sanctioned under this ordinance. .....

Dr. D. Radhakrishnan Pillai Vs. The Travancore Devaswom Board represen ...

Court : Kerala

..... have elaborately referred to various statutory provisions which would clearly indicate that ugc as an expert body has been entrusted by the ugc act the general duty to take such steps as it may think fit for the determination and maintenance of standards of teaching, examination and ..... judgment in raveendran's case (supra) would therefore show that according to the division bench, as per the provisions of the kerala university act, the conditions of service of teachers of the affiliated colleges are to be prescribed by the academic council of the university and though the scheme was brought in by the regulations of the university, the university ..... scc 120] that the apex court has considered the binding effect of the provisions contained in the indian medical council act, another central legislation under entry 66 of list i to the viith schedule to the constitution of india and held ..... power to make regulations:- (1) the commission may, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder - xxx xxx xxx (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the university, having regard to the branch of education ..... that state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state. 49. .....

State of Kerala, represented by Chief Secretary and Another Vs. Kerala ...

Court : Kerala

..... it is further submitted that employees' pension scheme, 1995 has been enforced in the corporation in exercise of the power under section 6a of the employees provident funds and miscellaneous provisions act, 1995 by the central government under which an employee is entitled to continue till the age of 58 years which being a statutory provision, the state government cannot prescribe any different age of retirement. ..... it is stated that when steps were taken to implement the 1995 scheme framed under the employees provident fund and miscellaneous provisions act, 1952 (for short, the 1952 act ), corporation has filed w.p(c) no.7274 of 2005 which is pending and the board of directors of the corporation has decided to continue the 1995 scheme pending final disposal of the said writ petition ..... official gazette, frame a scheme to be called the employees pension scheme for the purpose of providing for (a) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this act applies; and (b) widow or widower s pension, children pension or orphan pension payable to the beneficiaries of such employees. ..... age of superannuation of every employee who was employed in the engineering department of the local self government under section 37(1) of the act, and has been transferred to the corporation and is employed in the corporation, will be 60 years. 4. ..... state of tamil nadu 1974 (2) scr 348 : (air 1974 sc 555). .....

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

..... necessity to submit fresh certificate regarding the fulfillment of the requirements mentioned therein within a span of every five years shows the necessity to comply with the requirements prescribed by the municipal authority / district collectarate / transport department regarding the drinking water, fire safety and transport precautions in the school and this by itself is an indicator as to some ..... led to that dispute, but does not include any such person who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; ..... to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire and reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, included any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, of whose dismissal, discharge or retrenchment has ..... . state of gujarat (air 1974 sc 1389= (1974) 1 scc 717, which in fact was well ..... . state of gujarat [(1974)1 scc 717] holding that the general laws cannot be ..... ..... ( .....

S. Subin Mohammed Vs. Union of India, represented by Secretary, Minist ...

Court : Kerala

..... application for admission of the candidate to the school: (b) portion of the page of admission and withdrawal register where entry in date of birth has been made along with attested copy of the certificate issued by the municipal authority, if available, as proof of date of birth submitted at the time of seeking admission; and (c) the school leaving certificate of the previous school submitted at the time of admission. ..... on regulation 8 of the regulations for conduct of examinations by the board (hereinafter "the regulations" for short), framed in exercise of the powers conferred by section 24 of the assam secondary education act, 1961 (hereinafter "the act" for short) and submitted that an application moved beyond three years from the date of issuance of certificate by the board was not liable to be entertained. ..... it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation ..... of time, on 12-10-1999, he moved an application to the board complaining that his date of birth was wrongly mentioned in the school records as 30-5-1974, while his actual date of birth was 16-8-1975. ..... respondent was entered as 16-8-1975 in the admission register and other school records, but it was by mistake that while filling the form of the board examination, the date of birth was wrongly entered as 30-5-1974. .....

Kuriachan Chacko and Others Vs. The Secretary to Government Home (C) D ...

Court : Kerala

..... 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) for filing applications and for filing complaints under section 58(e) of reserve bank of india act, 1934, and to prosecute the same. 2 ..... , namelu, lis deepasthambham described to double the amount in a short time by purchasing lottery tickets (later found to be money circulation scheme) by police as well as honourable high court of kerala and supreme court of india) acted contrary to the so called scheme and deceived the public by investing the said money in real state with dishonest and fraudulent intentions. ..... it is quite obvious, therefore, that the bar council when placing a restriction on a senior advocate nor to `act' in any court was not contemplating to place restriction on him at the trial stage, namely the examination ..... . there is no dispute with regard to the changes brought under the provisions of the advocates act, 1961, especially where the distinction between the barrister and advocate was removed, apart from making substantial enabling ..... form the point of view of practical working it seems to us that if the expression `acting' was to include the examination of witnesses it will virtually debar the senior advocates from .....

Manakunnam Village Padasekhara Samrakshana Samithi, Kandanad, Rep. by ...

Court : Kerala

..... p11 is a no objection certificate issued by the panchayat/local authority dated 09.08.2006 stating that the provisions of the kerala municipal building rules 1999 have not been enforced in the panchayats and as such noc is not required for the proposed construction of beach resort at poothotta, in the said grama ..... industries ltd has filed an additional counter affidavit, mainly to the effect that the provisions of act 28 of 2008 (conservation of paddy land and wet land act) are not attracted to the case in hand, as the property was not remaining as 'paddy land/wet land' as on the date of commencement of the act and was actually converted decades back, after obtaining permission of the district collector. ..... the term 'paddy land and 'wet land' as defined under section 2(xii) and 2(xviii) of the act 28 of 2008 are extracted below: "(xii) 'paddy land' means all types of land situated in the state where paddy cultivated at least once in a year or suitable for paddy, cultivation ..... if the properties are not paddy land or wet land as per the aforesaid act, the provisions of the said act are not attracted and the matter has to be dealt with under the relevant provisions of the klu order, in view of the law declared ..... india has issued crz notification 1991 for regulating the activities in the coastal zone of the entire country, in exercise of the powers under sections 3(1) and 3(2)(v) of the environment protection act 1986, read with rule 5(3)(a) of the environment protection rules 1986. .....

Banerji Memorial Club represented by its Secretary P.V. Thomas Vs. Tal ...

Court : Kerala

..... prior to act iv of 1096, chapter iv of cochin revenue recovery act iv of 1083 contained provisions pertaining to prevention of encroachments on lands at the disposal of the sirkar which chapter was repealed by act iv of ..... the aforesaid proceedings indicate that possession of the club over the plots was well within the notice of the government as well as the municipal authority and devaswom board and 13 cents of land in 246/1 which was in the possession of the club was exchanged with another 13 cents of land in sy.no.247/1 in the year 1953-56 which clearly proved ..... petitioner has brought on record the relevant materials to prove that in the year 1949 proceedings were initiated by the thrissur municipal council for construction of a sathram and 13 cents of land in sy.no.246/2 which was in possession of the club was sought to be taken ..... proceedings of the government of his highness, the maharaja of cochin as noted above and the proceedings undertaken by the municipality and devaswom board and the compromise entered into for exchange of 13 cents of land in sy.no.246/2 which was in the possession of the petitioner with 13 cents of land in sy.no.247/1 belonging to the devaswom ..... no.246 which the banerji club authorities will have to part with when that is acquired by the municipality for sathrom, the devaswom board would give a free lease of an equal extent of land on the northern side of the club building contiguous to the club ..... on record by the petitioner relates to 1969, 1974 and 1975. .....