Court : Kerala
Decided on : Apr-18-1995
Reported in : AIR1995Ker307
..... the impugned act, act 14/81. under section 1(3) the act was deemed to have come into force on 2-2-1981, the date on which the ordinance was promulgated. subsequently the act was amended twice in 1983 and 1988. the 1983 amendment act is act 5/83. that amending act also was preceded by ordinance 7/83. subsequently in 1988 by amendment act, 5/88, various amendments were made. this 1988 amendment act was ..... should be struck down, and there is no necessity for declaring the entire act as unconstitutional. 11. the points that arise for determination in this batch of o.ps. are : (1) whether the state legislature is competent to enact the kerala raw cashewnuts (procurement and distribution) act, 1981, as amended by the amending act of 1983 and 1988? (2) whether this legislation has been enacted in ..... only after obtaining the sanction of the president of india. he pointed, out that the government has not cared to obtain the necessary previous sanction of the president of the indian union for issuing the ordinance it is also interesting to see from paragraphs 4 and 5 of k. janardhan pillai's case, air 1981 sc 1485, that the earlier law ..... his family members by taking to processing of raw cashewnuts. that is totally denied by virtue of this act. 21. under section 10 an agent or a sub agent shall not process or convert or sell except in accordance with the provisins of section 11. under section 11 the agent or sub agent shall sell all the stock of raw cashewnuts purchased by him to cashew .....
Tag this Judgment!Court : Kerala
Decided on : Nov-14-1995
Reported in : (1996)IILLJ501Ker
..... contention learned counsel cited the principle involved in the first proviso to article 311 of the constitution. the said proviso was added to the article through the forty-second (constitution) amendment act, 1976. as per the proviso, it is not now necessary to give an opportunity of making representation on the penalty proposed. but the principle involved in the said proviso is ..... case (supra) upon the phrase a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. clause (2) as substituted by the constitution (fifteenth amendment) act merely reproduced the substance of what was held in khem chand's case (supra). the words which originally found a place in clause (2), a reasonable opportunity of showing cause ..... this case the joint registrar in his impugned order imported the principles of natural justice without reference to the rule and the earlier finding of the co-operative inspector under section 66 of the act28. the supreme court has laid down the principles of interpreting and construing a statutory provision in hiralal ratan lal v. s.t.o.s.iii, kanpur ..... . a reappraisal of materials, for reaching different findings can be made by the appellate body. normally the appellate authority has co- extensive power with the original authority to reach conclusions.11. no authority should deny an aggrieved party the opportunity for such second hearing or to get a fresh look on the matter. supreme court has pointed out in prithi pal .....
Tag this Judgment!Court : Kerala
Decided on : Apr-07-1995
Reported in : AIR1996Ker8
..... under optimal conditions so that it always meets the standards.techno-economical studies should beinitiated for tail gas treatments. (ii) lshs or other low 's' fuel may be used in boiler to further reduce so2 emissions. (iii) excess ammonia emissions should be prevented forthwith and an ammonia scrubber for all possible nh2 sources should be installed. (iv) dust levels from ..... essential to overcome the problem of excess so2 pollution. though, whenever bombay high crude is processed, so2 release rate shall be less. further, control on fuel use in process boilers should be lshs or sweet gas. all storage tanks should be connected with flare and should be of floating roof type with minimum hc release. at this stage techno economical ..... ltd., kalamassery. considering the poor performance, the request for renewal of consent was not granted so far. 11(a). m/s. indian aluminium co., kalamassery. the company had not taken any steps to control emissions. being evaluated, 11 (b). emission characteristics of m/s. indian aluminium company, kalamassery. consent renewed up to 6-2-1991. the emissions are being closely watched for necessary ..... pollutant in the work have been notified under the amended factories act, 1987. standards for work place ammonia are as follows: threshold limit value (tlv) of ammonia tlv -- 8 hrs/day, 5 days/week: 18 mg./m3. (c) ambient air quality standards: the central pollution control board in the year 1982, has, as per section 16(2)(h) evolved the ambient air quality .....
Tag this Judgment!Court : Kerala
Decided on : Sep-21-1995
Reported in : 1996CriLJ757
..... constitutional provision in article 20 of the constitution of india and incorporated a repeal and saving provision in section 30 of the new act which reads as follows :'30. repeal and saving.- (1) the prevention of corruption act, 1947 (2 of 1947) and the criminal law (amendment) act, 1952 (46 of 1952), are hereby repealed.(2) notwithstanding such repeal, but without prejudice to ..... the application of section 6 of the general clauses act, 1897 (10 of 1897), anything done or any action taken or purported to have ..... such that a different intention appears from them and they override or supplement the provisions contained in section 6 of the general clauses act. section 297(2) provides:'notwithstanding the repeal of the indian income-tax act, 1922 (xi of 1922) (hereinafter referred to as the repealed act)-xx xx xx(f) any proceeding for the imposition of a penalty in respect of any assessment ..... the legislature was alive to the fact that the provisions under chapter ix of the penal code, 1860, prevention of corruption act, 1947 (act 2 of 1947) and the criminal law amendment act, 1952, are required to be enacted into one act with modifications so as to make the provisions more effective in combating corruption among public servants and it was to effectuate .....
Tag this Judgment!Court : Kerala
Decided on : Mar-14-1995
Reported in : AIR1995Ker337
..... scheduled caste of kerala only in the erstwhile parts of travancore-cochin, excluding malabar with effect from 1-11-1956. this position continued upto 1976. the scheduled castes and scheduled tribes (amendment) act, 1976 (act 108/1976) which came into force on 27-7-1977 specifies thandan as item 61. the effect of ..... the amendment is to regard the members of the thandan caste as a scheduled caste for the entire state ..... where it was satisfied that modifications were necessary and, if after appropriate enquiry, the authorities were satisfied that a medication was required, an amendment could be undertaken as provided by the constitution. however, the scheduled castes order has to be applied as it stands and no enquiry can ..... , except as contemplated by article 341, is valid. therefore, the contention of the petitioners that the thandas in malabar area are only a section of the ezhara/thiyya community and are not the real scheduled caste, canno? stand a moment's scrutiny and the first question is answered accordingly ..... not mean to refer in this context to the four primary castes, but to the multiplicity of castes and sub-castes which disfigure the indian social scene. a caste is a voluntary association of persons for certain purposes. it is a well defined yet fluctuating group of persons governed .....
Tag this Judgment!Court : Kerala
Decided on : Dec-12-1995
Reported in : 1996ACJ959
..... delivery of such goods at the destination station, whichever is later.it corresponds to section 78-b of the indian railways act, 1890, after its amendment by act 39 of 1961 and section 77 of the indian railways act, 1890, prior to its amendment.13. admittedly, the notice of claim under section 106 of the act of 1989 was sent to the concerned railway authorities beyond a period of six months ..... patna 178, which laid down the following dictum after examining the various authorities of the high courts of madras, lahore, bombay, allahabad and calcutta.the requirements of section 77 read with section 140, indian railways act, 1890, are satisfied by serving a notice within the prescribed time on the chief commercial manager or any other subordinate officer of a railway owned by the government ..... 551 and haryana land reclamation and development corporation ltd. v. state of haryana, 1990 (3) scc 588].it is advantageous to see how a similar interdict contained in section 11(1) of the special courts act, 1979, was interpreted. as per it, the appellate jurisdiction is taken away in respect of an interlocutory order. supreme court has held in v.c. shukla v ..... party even though such an order is passed in course of trial. it is not limited in its import to the entirety of the matter in dispute in an action.11. when the impugned order is judged in the light of the above propositions of law, we are of the opinion that it is not an interlocutory order. the question relating .....
Tag this Judgment!Court : Kerala
Decided on : Jan-09-1995
Reported in : [1995]84CompCas447(Ker)
..... the bill, which introduced the amending act, would show that the new chapter was incorporated specifically to 'enhance ..... particular cheque is concerned for the purposes of section 138 of the act. we may refer to the various decisions a little later.7. chapter xvii of the act, as it now stands, was incorporated in the act with effect from april 1, 1989, by section 4 of the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988. the objects and reasons clause of ..... to the petitioners dated may 10, 1993, claiming bank charges. no complaint was filed on the basis of the first dishonour which took place prior to the dishonour on august 11, 1993. as such it was contended that the complaint filed by the first respondent on the basis of which a case has been charged against them is not maintainable in ..... light of the above principles of interpretation discernible from the english, american and indian decisions, referred to above, we feel that there is no scope for restricting the criminal remedy provided as per sections 138 and 142 of the act to the first cause of action or to hold that section 138 does not permit creation of successive causes of action on the same .....
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