Court : Kerala
Decided on : Jan-08-1998
Reported in : AIR1998Ker114
..... coastal areas. there was also a challenge to the validity of the notification dt. 18-8-1991, whereby the earlier notification dt. 19-2-1991 was amended resulting in relaxation of certain provisions, which it was said, would defeat its scope and purpose. it was alleged that coastal areas have abundance of natural ..... the judgment. 6. by notification dt. 19-5-1991 issued in exercise of the powers conferred by sub-section (1) section 53-a of the town planning act, 1108, the government of kerala constituted a special authority called 'goshree islands development authority' for the integrated development of the vypeen, bolgatty, vallarpadam, mulavukad, thanthonnithuruthu ..... we heard these original petitions together since common questions are involved. 2. w.p. (civil) no. 664 of 1993 was filed by the indian council for enviro legal action, a registered voluntary organisation, before the supreme court seeking orders or direction regarding the protection of ecology and for preventing irreversible .....
Tag this Judgment!Court : Kerala
Decided on : Feb-18-1998
Reported in : AIR1998Ker205; [2000]101CompCas117(Ker)
..... 46a of the state financial corporations act, 1951 were in force and therefore, the subsequent enactment will prevail upon the earlier enactment. ..... special statute will prevail upon the provisions of the companies act which is a general statute is also not sustainable in view of the fact that the provisions of sections 529, 529a and 537 of the companies act are incorporated into the companies act, 1913 by the amending act of 1956 while the provisions of section 29 and ..... of sale by this court. the petitioners are directed to advertise the winding up order in one issue of mathrubhoomi daily, cochin edition and in one issue of indian express, cochin edition, petitioners are further directed to deposit an amount of rs. 2,500/- with the official liquidator for initial expenses. registry will draw up .....
Tag this Judgment!Court : Kerala
Decided on : Mar-24-1998
Reported in : [1999]236ITR935(Ker)
..... that the submission advanced by the revenue is well founded for the reasons to be stated hereinafter.4. section 230a(1) of the income-tax act as amended by section 41 of the finance act, 1995, reads :'230a. (1) notwithstanding anything contained in any other law for the time being in force, where any document required to ..... of the document will not prejudicially affect the recovery of any existing liability under any of the aforesaid acts.' 5. consequent on the amendment of the income-tax act mentioned above rule 30(iii) of the registration rules (kerala) was also amended with effect from july 1, 1995, and the same is published in the gazette dated july 5 ..... be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the indian registration act, 1908 (16 of 1908), purports to .....
Tag this Judgment!Court : Kerala
Decided on : Apr-06-1998
Reported in : (2000)ILLJ771Ker
..... intention of the legislature. if the legislature wanted to give the benefit to all pending proceedings, the same could have been provided in the amendment act itself. there must be some provision in the statute which either expressly or by necessary implication would lead to an inference that the rights and ..... question whether the rights of the parties at the commencement of proceedings were intended to be modified, either expressly or by necessary implication. when the amending act proposes to give different dates of commencement to different sections, there is presumption against retrospectivity. again if a provision is capable of two interpretations, namely ..... supreme court decision, a division bench of this court in oriental insurance co. ltd. v. asokan, (supra) also granted the benefit of the amendment act to similarly placed persons eventhough the accident occurred prior to september 15, 1995.8. learned counsels appearing for the insurance companies however maintained the stand that .....
Tag this Judgment!Court : Kerala
Decided on : Apr-06-1998
Reported in : 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951
..... the intention of the legislature. if the legislature wanted to give the benefit to all pending proceedings the same could have been provided in the amendment act itself. there must be some provision in the statute which either expressly or by necessary implication would lead to an inference that the rights and ..... question whether the rights of the parties at the commencement of proceedings were intended to be notified, either expressly or by necessary implication. when the amending act proposes to give different dates of commencement to different sections, there is presumption against retrospectivity. again if a provision is capable of two interpretations, namely ..... the supreme court decision, a division bench of this court in oriental insurance co. ltd. v. asokan (supra) also granted the benefit of the amendment act to similarly placed persons even though the accident occurred prior to september 19, 1995.8. learned counsels appearing for the insurance companies however maintained the stand .....
Tag this Judgment!Court : Kerala
Decided on : Apr-15-1998
Reported in : AIR1998Ker231
..... which enables the state legislature to make law for regulating the practice and procedure of the high court in relation to the administration of justice. by the 42nd constitution amendment act, 1976 the expression 'administration of justice' has been transferred from entry 3 list ii to the concurrent list and inserted as entry iia in list iii of the ..... fall within the residual power of the state legislature. prior to the coming into force of the constitution, the exercise of the jurisdiction and powers of the british indian high courts was regulated by the rules framed by the respective high courts by virtue of the powers granted by the letters patent pertaining to such courts. this ..... to a division bench would therefore contribute to delay in final disposal of the suit or the main action. the learned judges felt that the intention of the amending provisions was to restrict further right of appeal so that there will not be further delay in the disposal of the suit. same is the view taken by .....
Tag this Judgment!Court : Kerala
Decided on : May-20-1998
Reported in : AIR1998Ker347
..... right which an owner of a house may have under local custom to the seclusion of his near apartments from the view of his neighbour. under the indian easement act, such a right may be acquired by local custom as in those parts of the country where the custom of seclusion of women prevails. this phrase ..... accordingly, we have ho hesitation in sayingthat were a state affirmatively to sanction such police incursion into privacy it would run counter to the guarantee of the fourteenth amendment.' learned judge further observed :'when we find that in fact most of the english-speaking world does nut regard as vital to such protection the exclusion of ..... (3) the glass of the front windscreen of every motor vehicle other than agricultural tractorsmanufactured after three years from the coming into force of the central motor vehicles (amendment) rules, 1993 shall be made of laminated safely glass. explanation-- for the purpose of these sub-rules 'laminated safety glass' shall mean two or more pieces of .....
Tag this Judgment!Court : Kerala
Decided on : May-21-1998
Reported in : 1998CriLJ4427
..... are not mandatory and non-compliance of those provisions will not ipso facto vitiate the prosecution.12. section 52a incorporated into n.d.p.s. act by way of amending act 2 of 1989 is with a definite purpose with regard to the disposal of seized narcotic drugs and psychotropic substances which reads as follows :disposal ..... this fact is clear from sub-section (4) of section 52a which lays down that notwithstanding anything contained in the indian evidence act, or the code of criminal procedure, every court trying an offence under this act shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under sub ..... shall, as soon as may be, allow the application;(4) notwithstanding anything contained in the indian evidence act, 1872(1 of 1872) or the code of criminal procedure 1973.(2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of .....
Tag this Judgment!Court : Kerala
Decided on : Jun-19-1998
Reported in : (1998)IILLJ587Ker
..... 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.' mr. kurien submitted that the code of criminal procedure comes under the concurrent list ..... by statutory rules framed by the government of kerala in exercise of the powers conferred under sub-section (1) of section 2 of the kerala public services act, 1958. learned senior advocate appearing for the a.g. has also submitted that the a.g's office prepares counter affidavits, maintains registers, prepares special leave ..... the public prosecutor shall be responsible for the conduct of all criminal cases and that the senior government pleaders and government pleaders appearing in criminal cases shall act under and in accordance with the directions of the public prosecutor. as already noticed, rule 19 deals with the duties of public prosecutor, senior government .....
Tag this Judgment!Court : Kerala
Decided on : Jul-08-1998
Reported in : (1998)IILLJ530Ker
..... consider and dispose of ext p5(a) appeal within two months. accordingly, the appellate authority passed ext.p10 order rejecting the appeal. thereupon, the original petition was amended producing ext.p10 order dated january 11, 1996 and challenging the validity of the same.3. the original petition was finally heard onseptember 12, 1997. the learned ..... month of june, 1986. it was also certified in that order that the inland transit/storage losses incurred by the trichur sub depot of trichur district on indian rice for the month of june 1986 worked out to 2.76 percentage on mt. 3398,394.284 and were considered reasonable; that the said losses were ..... . saxena (supra) wherein the supreme court held as follows at p 1248:-'the disciplinary authority can disagree with the findings arrived at by the enquiring officer and act upon his own conclusion, but the only requirement is that the said disciplinary authority must record reasons for his disagreement with the findings of the enquiry officer. if .....
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