Court : Kerala
Decided on : Jan-20-2014
..... .(c) no. 10615 of 2009 ..2.. up before this court.3. in the counter affidavit filed by the 1st respondent, it was averred that only after amending the existing pension scheme/rules by making appropriate modifications regarding eligibility, qualifying service, average pay, fixation of contribution, mode of payment etc., the pension can be sanctioned ..... 29.05.2009, informed that the proposal of the sub-scheme cannot be implemented as per section 80 of the kcs act. so, the government has directed the pension board to submit a proposal for amendment in various sections in g.o.(p) no.56/03/co-op. and; accordingly, the pension board has submitted a ..... the observance of service conditions as laid down in section 80 of co-operative societies act, 1969. accordingly, circular no.1/10 has been issued to the concerned for including their employees under the kerala co-operative societies employees self financing pension (amendment) scheme, 2010. hence, the petitioner is eligible to get pension under above .....
Tag this Judgment!Court : Kerala
Decided on : Dec-01-2014
..... other hand, the learned counsel appearing for the respondents referred us to the election notification, the resolution passed by the society amending the bylaws, the judgment of the gujarath high court invalidating constitution (97th amendment) act, the judgment of this court in w.p.(c)no.17672 of 2013, applying the principles laid down by the gujarath ..... respondents.5. the learned counsel for the appellants relied on the provisions of the constitution (97th amendment) act, 2011, provisions of section 28-a of the kerala co-operative societies w.a.nos.1719, 1723 & 1753 of 2014 3 act and the decisions of this court in gopinathan vs. senior inspector of co-op. societies [ ..... ground held the same to be illegal. thereafter the learned single judge set aside the election notification and directed that the election be conducted after carrying out amendments to the bylaws of the society. it is aggrieved by this common judgment these appeals are filed.4. we heard the learned counsel for the appellants .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2014
..... based on mount v. taylor; southerland's statutory construction 3rd edn. vol. i, para 2014 and 2022, pp. 468 and 490). broadly speaking, the principal object of a repealing and amending act is to "excise dead matter, prune off superfluities and reject clearly inconsistent enactments" -- see mohinder singh v. harbhajan kaur." another judgment relied upon is m/s gammon india ltd. v ..... p.o., idukki district. by spl. govt. pleader smt. susheela r. bhat respondent/petitioner & respondents5& 6 in the wp(c) : ------------------------------------------------------------------------------------------------- 1. munnar woods, a partnership firm registered under the indian partnership act, 1932 rep. by its managing partner k.a.joseph, aged56years, s/o.asthapanos, residing at372990, kallingal house, ponoth road, kaloor, kochi.2. k.suresh kumar, i.a.s., special officer .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-2014
..... or any central board, judge, magistrate, indian consul or vice wp(c).8655/14 3 consul or representative of the central government.4. the provisions of registration act insofar as the state of kerala also stood amended by the kerala amendment act 31 of 2013 by which section 17 was amended insofar as providing for a power-of-attorney ..... with respect to the mortgage of property to co-operative agricultural and rural development bank as is evident from the co- operative agricultural and rural development banks act, more specifically section 10, is not compulsorily registrable. it is on these contentions that the petitioner contended that the 2nd and 3rd respondents be directed to ..... the power of attorney that it has to be either one attested in the indian embassy in the country, wherein the executant is working or one executed before a registrar under the registration act, 1908.3. under section 32 of the registration act, 1908, if a document has to be presented for registration, then the power .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-2014
..... permitted by law and due to technical non-feasibility as well. it is stated that in compliance of section 5(2) of the indian telegraph act and the indian telegraph rules 1951 as amended, the appropriate authorities specified therein can by order intercept or detain or retrieve and enable voice recording through their own system. it ::57 ..... to help the persons claiming to have title over the property.34. all the party respondents denied the allegation of commission of any offence under the ipc and pc act. all of them ::54:: w.p.(c).no.19431 & 19462 of 2013 contended that they have not fabricated any documents whatsoever and denied the ..... before the deputy collector (vigilance), south zone and before respondents 1 to 5 about serious offences committed under the provisions of the prevention of corruption act and various provisions of indian penal code, no action was ever taken by respondents 1 to 5 and the revenue authorities. copies of various complaints, reports and representations submitted .....
Tag this Judgment!Court : Kerala
Decided on : Jul-25-2014
..... works ltd. v. union of w.p.c.no.31268/2007 16 india [air2000sc811. in rayala corporation (supra) the constitution bench held that when the amendment to the rule indicates affording protection only for action already taken while the rule was in force, there is no justification in initiating new proceedings when the rule ..... rule 28 of the rules by cutting and removing trees and constructing buildings. that apart, cardamom hill reserve satisfies the definition of forest and therefore forest conservation act, 1980 applies. reference is made to ext.r4(b) stating that by notification dated 24/08/1897, travancore government notified certain areas as forest and ..... section 6 of the general clauses act which inter alia indicates that even if a central act is repealed, it shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. reference is made to the judgment of the supreme court in indian tobacco company v. commercial officer [( .....
Tag this Judgment!Court : Kerala
Decided on : Dec-08-2014
..... 17 of the code it is to be noted that the said decision was rendered by the hon'ble apex court prior to the amendment brought in as per the code of civil procedure (amendment) act, 1999 (act 46 of 1999) with effect from 1.7.2002 and therefore, the impact of the proviso has w.p.(c).3649/14 & conn ..... of pananchery grama panchayat (for short the 'panchayat') in thrissur district. they contested the election to the panchayat in october, 2010 under the banner of the political party indian national congress (for short 'inc'). the panchayat consists of 23 wards. in the election, candidates including the writ petitioners belonging to inc returned from 13 wards and the ..... tendering such witness or witnesses is doing so in frivolous ground or with a view to delay the proceedings. (2)the provisions of the indian evidence act, 1872 (central act 1 of 1872), shall, subject to the provisions of this act, be deemed to apply in all respects to the trial of any election petition." section 95 of the said .....
Tag this Judgment!Court : Kerala
Decided on : Apr-04-2014
..... that to combat the evil of gang rape, it was necessary to introduce section 114a of the indian evidence act and it was done as per the criminal laws (amendment) act 1983. in order to attract section 114a of the indian evidence act, the ingredients required are (a) that the prosecution proves that rape was committed which would attract the ..... offence under section 376(2) (g) read with explanation i of the indian penal code; (b) the victim states in ..... a. no. 877 of2002::163. :: section 375 of the indian penal code was substituted by act 43 of 1983. section 376 provides for the punishment for rape. section 376 was also substituted by act 43 of 1983. sub-section (2) of section 376 was included by the said amendment. section 376(2) (g) deals with gang rape. whoever .....
Tag this Judgment!Court : Kerala
Decided on : May-23-2014
..... to the proceedings before the land tribunal. even before section 108a was introduced by the c.r.p. no.311 of 2009 -:6. :- amendment act 27 of 1979, a full bench of this court in koran v. kamala shetty (1977 klt358 had taken the view that the general principles of res judicata would apply ..... in jinan, p.v. v. special tahsildar (rr) and others (2007 (3) ilr641, this court held as follows: "9. section 108a of the land reforms act was introduced by amendment act 27 of 1979, which came into force on 7-7-1979. section 108a provides that the provisions of section 11 of the code of civil procedure, 1908 shall apply ..... before the appellate authority, the appellate authority rejected the said contention on a finding that the principle of res judicata is not applicable to the proceedings under the land reforms act before the tribunal. the learned counsel for the revision petitioner cited two decisions in jinan, p.v. v. special tahsildar (rr) and others (2007 (3) ilr641 and .....
Tag this Judgment!Court : Kerala
Decided on : Dec-20-2014
..... dhavan has also drawn the attention of the court to certain other provisions of the act which have effect outside the state of chhattisgarh and thereby give the state enactment an extraterritorial operation. s.2(f) of the amended act defines "off campus centre" which means a centre of the university established by it ..... degrees and diplomas. by way of illustration, copies of advertisements issued by some of the universities have been filed. one of such universities, namely, indian university, issued an advertisement inviting applications for nodal service centres/university centres for awarding the following kind of degrees and diplomas.......". the apex court took ..... managing director (md) horizon of knowledge managment training post box no. 71159 jamal abdul nassir street, sharjah. uae.18. moidu m. abdul rahman, general secretary, indian islamic centre, pb no. 4190 abu dhabi, uae.19. ajmal abdul managing director(md) informatics institute of management studies p.b.no.4641, ai siwan, opp .....
Tag this Judgment!