Court : Kerala
..... holders and more particularly to the environment and ecology of the country. the observation made by the tribunal was taken into consideration by the government and there has been amendment to appendix vi by notification dated 9.10.2014, ext.p2. the observation of the national green tribunal has to be read along with the statutory rules that ..... from november, 2011 and has also worked as chairman in the year 2014, when earlier chairman, dr.a.e.muthunayagam had resigned. appendix vi was amended on 9.10.2014 and the said amendment provides an additional qualification for a chairman, which is quoted as below :- 4. the chairperson shall be an eminent person having experience in environmental policy ..... under s.197 cr.p.c. for prosecuting inter alia shri p.j. thomas for having committed alleged offence under s.120 b ipc read with s.13(1)(d) of the prevention of corruption act; the judgment of the supreme court dated 29th march, 2000 in the case of k. karunakaran v. state of kerala and another in .....
Tag this Judgment!Court : Kerala
..... the following effect: 3. selection of medical officers for admission to postgraduate course under the service quota.-- notwithstanding anything contained in the indian medical council act, 1956 (central act 102 of 1956) or any rule or regulation issued there under or in any judgment, decree or order of any court or ..... , 1956(102 of 1956), the medical council of india with the previous approval of the central government hereby makes the following regulations to further amend the postgraduate medical education regulations, 2000 , namely:- 1. (i) ..... amendments to the postgraduate medical education regulations, 2000, providing for a single eligibility cum entrance examination. for the sake of reference, the portion of the notification which is relevant for our purpose is extracted herein below: "no. mci.18(1)/2010-med./49070. in exercise of the powers conferred by section 33 of the indian medical council act .....
Tag this Judgment!Court : Kerala
..... practical should again appear for all the papers including theory and practical in the mci regulations as in the kuhs regulations. 7. section 19a of the indian medical council act, 1956 (the 'act' for short) empowers the medical council of india to prescribe the minimum standards of medical education by universities other than postgraduate medical qualifications. section 20 of ..... is only fair that the medical council of india clears the ambiguity by an explanation or amendment of the mci regulations. this is particularly so since the counter affidavit filed by the medical council of india is conspicuously silent as to whether the mci ..... group of words whose meaning is different from the meaning of the individual words and one is at a loss to find the purport and intent of the amendment made to the mci regulations in this regard. the fate of the students should not dangle on the basis of such nebulous or slippery words and it .....
Tag this Judgment!Court : Kerala
..... .1-24/2006 desk (u) dated 30.3.2007 to enhance the age of superannuation of vice-chancellors of central universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (visitor in the case of central universities) (iii) whereas the enhancement of the age of superannuation for ..... of grant or punitive action by the ugc. 2. the full bench held so: 17: therefore, irrespective of whether the university acts enacted under entry 25 of list iii or the statutes framed thereunder are amended in line with the ugc regulations or not, in view of its adoption by the state of kerala with effect from 18.09. ..... so far as by ext.p2 judgment, a full bench of this court has held that, irrespective of whether the university acts, enacted under entry 25 of list iii or the statutes and ordinances framed there under, were amended in line with the ugc regulations or not, the universities and affiliated colleges of the state of kerala are bound to .....
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..... the lmpc rules which chapter exclusively deals with the provisions applicable to packaged commodities intended for retail sale. the said chapter can have no application in a case where indian made foreign liquor is served to customers inside the licenced premises of a hotel which has been issued fl 3 licence by the competent authority . 20. in m/ ..... under rule 18(2) of the legal metrology (packaged commodities) rules, 2011 ( l.m.p.c rules for brevity ) read with s 18 of the legal metrology act 2009 ( lm act for brevity )and punishable under section 32 (2) of the l.m.p.c. rules. the aforesaid proceedings are under challenge in this petition. 3. i have heard ..... learned counsel, the activity of serving food and alcohol in the premises licenced by the excise department cannot by any stretch of imagination brought within the purview of act 1 of 2010 or the rules framed there under. it is further submitted that the guest who frequents the restaurant and bar is provided with various amenities which .....
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..... ed., vol.ii, pp.1088-89 2 1995 supp (1) scc 596 basu in his treatise commentary on the constitution of india3 observed that after the 44th amendment act, 1978, nobody shall have any fundamental right to compensation under the constitution unless the law which expropriates his property offers any compensation. 63. at any rate, ..... only under law. it is, nevertheless, a fact that scholars like prof.tripathi p.k., and h.m.seervai have opined that after the forty-fourth amendment the right to property is better protected than before1. 61. in jilubhai nanbhai khachar v. state of gujarat2, the hon'ble supreme court has held that deprivation ..... requires giving a strained construction or narrowing down its scope. (internal references omitted) 95. the apex court, after an exhaustive reference to various judicial pronouncements both indian and foreign eventually concludes that the court should, therefore, ordinarily defer to the wisdom of the legislature unless it enacts a law about which there can be .....
Tag this Judgment!Court : Kerala
..... at the rates fixed by the local authority within the range of rates provided in the table,. the levy now imposed as service tax by the amendment of 2012 in the finance act, 1994 is on the price on admission and access to such amusement parks, which trench upon the state's powers, is the contention of the ..... 1. whether the removal of admission and access to entertainment event and amusement facilities [sub-clause (j) of section 66d of the finance act, 1994] from the negative list of services by an amendment of 2012 and the consequent imposition of service tax on such activity would result in the union parliament trenching upon the exclusive field assigned to ..... on by the petitioners have to be looked into. 22. service tax as was introduced initially by the finance act 1994, included only three services; that provided by a stock-broker, a telegraph authority and an insurer. by the 1997 amendment 18 different services were categorised as taxable services in sub clauses (a) to (r) of section 65 ( .....
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..... exempted tree under the kerala promotion of tree growth in non-forest areas (amendment) act, 2007. the kerala preservation of trees act defines 'trees' which do not include eucalyptus, see section 2(e) of the act. the kerala promotion of tree growth in non-forest areas (amendment) act, 2007 defines trees, under section 2(g) as "tree" means any ..... (g) of the 2007 act observed that he is not entering into the question in the ..... trees would fall within the trees referred to in the 1986 act which is an exempted tree under the kerala promotion of tree growth in non-forest areas (amendment) act, 2007 (for short, the 2007 act ). learned single judge having noticed the definition of 'tree' under the 1986 act as well as the definition of 'tree' under section 2 .....
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..... of the state cannot be interfered. it is further contended that in view of the constitutional amendment made under article 19(1)(c), insertion of article 43b and provision inserted in part ixb by the 97th constitutional amendment act 2011, right of co-operative societies are much extended. this court vide its various judgments has ..... any plenary legislation can be questioned. but it is well settled that subordinate legislation cannot be questioned on the principles of natural justice. the apex court in indian express newspapers (bombay) private ltd and others v. union of india and others [(1985) 1 scc 641] has laid down the following in paragraph 78 ..... necessarily a time consuming process. emergent situations would require speedy action. such situations may be of diverse characters. it will be virtually impossible if a legislative amendment is to be sought for, for tiding over such situations, when public interest would justify a departure fro m the existing provisions. the power to exempt .....
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..... been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976, and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this ..... ceremony of a marriage, in whatever form it be, although ultimately it may later turn out to be a void marriage. 17. fourthly, object of the act to amend and codify the law relating to marriage among hindus. as mentioned earlier, we are unable to think for a moment that the expression marriage occurring in section 11 ..... of the act denotes a non-existing marriage. marriage, according to hindu law, is a sacrament. until the protection of women from domestic violence act,2005 was enacted, the ethos of indian .....
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