Court : Kerala
Decided on : Dec-17-2009
Reported in : 2010(1)KLT557
..... the second proviso to rule 19(iv) was introduced. the learned advocate general further submitted that rule 19(ii) does not seek to amend the indian partnership act or the companies act. it only contains a deeming provision that even though the reconstitution of a partnership in certain circumstances may not have the effect of transfer of ..... taken by the learned senior counsel for the appellant is that sub-rule (ii) of rule 19 of the rules, has the effect of amending the indian partnership act and the companies act. the said contention is plainly untenable. the rule making authority only said, if certain changes in the partnership firm or the company take ..... continue the business in foreign liquor, they should seek the permission of the excise commissioner. such a provision cannot be described as amending the provisions of the partnership act or the indian companies act. the learned senior counsel pointed out that even the retirement of a partner is not permitted. but, going by section 32(4 .....
Tag this Judgment!Court : Kerala
Decided on : Dec-21-2009
Reported in : 2010(1)KLT523
..... with the formation of educational development committee for each school by the local authority concerned. sections 17 to 18a were introduced by way of an amendment on 12.5.2000, as part of entrusting the management of government schools to the district panchayats and grama panchayats. section 5a was introduced ..... administration of education and to preserve and stimulate local interest in educational affairs, each district planning committee constituted under section 53 of the kerala municipality act, 1994, shall establish a district educational authority having jurisdiction in the district. section 18 deals with the functions of the district educational authority, ..... of education and to preserve and stimulate local interest in education affairs, each district planning committee constituted under section 53 of the kerala municipality act, 1994 (20 of 1994), shall establish a district educational authority having jurisdiction in the district.for the purpose of associating people with the .....
Tag this Judgment!Court : Kerala
Decided on : Dec-21-2009
Reported in : 2010(1)KLT445
..... to see what fraud was committed by the appellant. likewise, it is not explained as to what was the defect of non-joinder on the failure to carry out the amendment. since going by the allegations in the claim petitions, it was not necessary for the claimants to implead the owner, driver and insurer of the vehicle in which the ..... the ratiocination of the judge adding to the strength of the resultant punch. sadism and vindictiveness are vices to be shunned by every judge. while sharp practices and other acts of professional misconduct by a lawyer deserves condemnation, it should be done in accordance with the procedure established by law. the impugned award is also a crowning example of ..... regarding the said vehicle. the appellant filed an affidavit in support of both the applications stating, inter alia, that it was a clerical mistake and not a wilful act on his part. both these applications were allowed. thereafter, on 31.12.2005 an interim award under section 140 of the motor vehicles .....
Tag this Judgment!Court : Kerala
Decided on : Dec-22-2009
Reported in : 2010(1)KLT473
..... . 54) (sc), judgment dated 8th may, 2008 rendered by the apex court on the constitutional validity of a proviso introduced into the all india institute of medical sciences (amendment) act. reference was also made to the decision in justice k.k. nanderan v. state of kerala 1994 (2) klt 1004, to argue that if the appointment is of ..... in arguments on behalf of the petitioners, their learned counsel dilated further to state that sections 28b, 63, 70a and 80b were inserted into the act by the same amending act and while qualifications were prescribed by the legislature in relation to appointment of state co-operative election commission, director of co-operative audit and co-operative ..... or before the issuance of ext.p2 notification, the reconstitution made as per ext.p2 is invalid. the amendment to the rules is impeached as in excess of the rule-making power under section 109 of the act and in clear contradiction to the absence of any qualification for the members of the board being prescribed by .....
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