Court : Kerala
Reported in : 2006(4)KLT564
..... conditions of the officers belonging to all india services, are governed by the rules, framed by the central government, under section 3 of the all india services act, 1951 and also by the rules, deemed to have been framed under section 4 thereof. the rules, relevant in the present cases are i.f.s. (recruitment) rules, 1966, i.f. ..... 1954, which is identical to rule 3(2)(c) of the i.f.s. (regulation of seniority) rules, 1968. the only difference in the seniority rules of i.f.s., is the portion, mentioning about the persons recruited initially under section 4(1) of the recruitment rules, which, as mentioned earlier, has become redundant, as, when the petitioners were ..... s. (regulation of seniority) rules, 1968, i.f.s. (appointment by promotion) regulations, 1966 and i.f.s. (cadre) rules, 1966. the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker153
..... been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section. section 58 of the act provides for a fresh poll in certain cases. it is provided that the election commission in certain circumstances can declare the poll at certain polling stations or ..... evidence that the minister bargained directly or indirectly for votes the result might have been different but there was no such evidence.'62. om prabha v. abnash chand. air 1968 sc 1083 was also similar to the allegation here, (not proved) in respect of the grants for dharmasalas for harijans. the supreme court held that the action of ..... (voters) it will not amount to a bargain. in iqbal v. gurdas air 1976 sc 27, alagiriswami, j. quoted the observations in ghasi ram v. dal singh air 1968 sc 1191 : -'the position of a minister is difficult. it is obvious that he cannot cease to function when his election is due. he must of necessity attend to .....
Tag this Judgment!Court : Kerala
Reported in : [2003]131STC538(Ker)
..... water, tonic water, distilled water or scented water, held that water for injection is covered by the expression 'distilled water' occurring in the explanation to section 4(a) of the act and therefore excluded from the definition of 'water'. the supreme court in rajasthan roller flour mills association's case [1993] 91 stc 408 was concerned with ..... high court and contended that the process undertaken by the assessee to purify the used lubricating oil is covered by the definition of manufacture contained in section 2(17) of the act read with explanation ii thereto. the bombay high court considered the meaning of the expression 'manufacture' and observed as follows :'so far as the ..... blur their interdependence in cases such as the present one.' the supreme court then referred to the decision in commissioner of sales tax v. harbilas raji and sons [1968] 21 stc 4 where it was held that the word 'manufacture' has various shades of meaning, and in the context of sales tax legislation, if the goods .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker172
..... information relating to the administration of the institution. the trustee of a religious institution is authorised to incur expenditure as provided in sub-section (1) of section 30 of the act. sub-section (2) of that section stipulates that the trustee shall have due regard to such general or special instruction as may be given by the commissioner or in ..... the state of madras of which malabar region including the present kasaragod district was a part then. the powers and duties of the commissioner are embodied in section 20 of the act. section 23 enjoins a duty on the trustee board to obey all lawful orders issued by the government, the commissioner, the deputy commissioner, the area committee ..... formed under the presidentship of late shri k.p, nessa menon, the then editor of the mathrubhoomi. r.w. 1 was a member of that committee. in 1968 a committee headed by sri kelappaji, the revered leader of kerala, had gone to delhi to meet the then home minister to apprise him and to bring home the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker252
..... rid of an inconvenient and troublesome colleague like the petitioner.7. we may first scan the legality of the proceedings evidenced by exts. p5 and p6. under section 3 of the commissions of inquiry act, action has to be taken by the 'government'. articles 154 and 166 of the constitution become relevant in this connection. under article 154 of the constitution, ..... . to complete this picture as to a 'prima facie case, we may refer to ext. p-19, which is an extract from the 'kerala bhushanam' dated 23-8-1968 --long before the action against the petitioner, containing statements made in the assembly by the 3rd respondent. he is reported to have said in answer to a question as to ..... take a decision in this matter.12. we are unable to fit any requirement of a prima facie case into the frame work of the provisions of section 3 of the commissions of enquiry act. even if we are able to do so, we are unable to understand why a different standard of procedure seems to have been advocated openly after .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker200
..... viiof the ordinance deals with the cancellation of results and debarring of studentsafter the results are published. there isno reason why the power under section 23(xxi) of the act should be restricted towithholding or cancellation of examinations before the results are publishedand not after. we hold that the ordersunder challenge can be justified undersection ..... struck down on the ground that the question whether the candidate had sufficient attendance should have been scrutinised before admitting him to the examination.in air 1968 delhi 131, a student who had been admitted to a course did not possess a pass in a recognised qualifying examination. the university negligently allowed ..... rules framed thereunder which would justify the withholding of the whole or part of the remuneration......'in b.r. patel v. state of maharashtra (air 1968 sc 800) the supreme court had to consider whether the government had the power to suspend its servant pending enquiry into his alleged misconduct. it was .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT712
..... or point in issue, the omission can be supplied and the rules can be supplemented by executive instructions (see: sant ram v. state of rajasthan : (1968)iillj830sc .34. in the instant case, the government did neither issue any administrative instruction nor did it supply the omission with regard to the criteria on the ..... been conducting the said examination. it may continue to do so unless a competent body is created by the central government in terms of a parliamentary act or otherwise. allexpenses for conducting such examination shall be borne by the central government which would also provide the requisite infrastructure therefor. one test shall be ..... /registrar/demonstrator or an equivalent post in a recognised medical college imparting undergraduate training. a candidate holding medical qualification registerable under the medical council of india act, 1956 and such other qualification as may be recognized by the medical college of india from time to time is eligible to take the board's .....
Tag this Judgment!Court : Kerala
Reported in : 2004CriLJ354; 2003(3)KLT824
..... his powers.27. s.r.o. 319/96 dated 20th march, 1996 was issued by the government of kerala in exercise of the powers conferred by sub-section (1) of section 9 of the act appointing the officers mentioned in that order to be food inspectors for the local area mentioned therein. that notification cannot be said to be one issued under ..... report to get the sample of the article of food kept by the local (health) authority analysed by the central food laboratory.5. before the amendment of the act, what the section said was that three samples had to be taken by the food inspector and one sample had to be sent to the public analyst, another sample had to be ..... not assume a different garb when the police report is received and the proceedings will continue to be proceedings instituted on complaint. sadasivan, j. in state of kerala v. wilfred (1968 klt 57) referred to the decision of raman nayar, j. in k. damodaran v. v.k. sippi (air 1960 ker. 389) wherein it was held that any case instituted .....
Tag this Judgment!Court : Kerala
Reported in : 1999CriLJ787
..... be made. the question, then, is whether this court should in the circumstances of the case direct the c.b.i, to take over the investigation. no doubt, section 6 of the act does not apply where the court/ directs the c.b.i, to investigate. the court can' direct the c.b.i, to investigate a case only where it is ..... the public. they must bear in mind and, if needed, be reminded of the caution administered by lord denning in this behalf in r. v. metropolitan police commer. (1968) 1 all er 763 : 1968 (2) qb 118. indicating the duty of the commissioner of police. lord denning stated thus (all er p. 769).i have no hesitation, however, in holding that, like ..... and the final step in the investigation is to be taken only by the police and by no other authority, see abhinandan jha v. dinesh mishra (1967) 3 scr 668 : 1968 cri lj 97. this must be borne in mind as also that the scope and purpose of a proceeding like the present is to ensure a proper and faithful performance .....
Tag this Judgment!Court : Kerala
Reported in : [1985]57CompCas717(Ker)
..... 33 of 1982, overruling the preliminary objection raised by the appellant company, the malabar industrial company ltd., about the maintainability of the petition filed under sections 433(f) and 439(c) of the companies act, 1956, by the respondent, a contributory, on various grounds. the learned judge disagreed with the petitioner before him on most of the grounds but ..... on the business it is authorised by its memorandum to do.'23. in pothen v. hindustan trading corporation p. ltd. [1967] 37 comp cas 266 ; air 1968 ker 149, again the plea of a contributory to wind up a private limited company under the just and equitable clause, on the ground that the substratum of the ..... estate of the company, it cannot be said that the substratum of the company had disappeared.19. in seth mohan lal v. grain chambers ltd. [1968] 38 comp cas 543 ; air 1968 sc 772, the supreme court was dealing with a company which carried on extensive business in ' futures ' in gur. the central government issued a notification .....
Tag this Judgment!