Court : Kerala
Decided on : Jul-04-2013
..... for the purpose of fulfilling that object. the object should not be to make a profit, in as much as education is essentially charitable in nature.56. pai foundation (supra) lays down the principle that, for an admission in a professional institution including unaided professional institution, merit must play an important role. in the case of ..... court thus : "27. various judgment of this court have sought to carry forward, with greater clarity, the fundamental requirement as stated in t.m.a. pai foundation that the admission process should be fair, transparent and non-exploitative. every subsequent judgment of this court has attempted to elucidate one or other aspect of this principle." 28 ..... contention that the right to supervise and guide the entire process of admission under section 4(6) of the act 19 of 2006 does not take in the power to cancel an examination.15. in t.m.a. pai foundation v. state of karnataka : (2002) 8 scc 481.the supreme court formulated triple tests in respect of .....
Tag this Judgment!Court : Kerala
Decided on : Aug-12-2013
..... director prof. e.kunhiraman.4. ahalia ayurvedic medical college, elippara, kozhippara p.o, palakkad district represented by a.g ajith prasad, trustee ahalia international foundation.5. p.n. panickar souhruda ayurveda medical college parakkalai, kanhangad, kasaragod district represented by its chairman k.p.kunhikannan.6. pankaja kasturi ayurveda medical ..... central government, there could be enhancement of seats. undoubtedly, the central council of indian medicine is the apex body constituted under the act and the act requires the central council of indian medicine to ensure that the medical colleges imparting education in the indian system of medicine maintained and ..... existing medical colleges were in force. the central government and the central council of indian medicine are bound by these regulations and the imcc act. the counter affidavit clearly indicates detailed order regarding approval and disapproval by the central government and the reasons were communicated to the petitioners for .....
Tag this Judgment!Court : Kerala
Decided on : Jan-02-2013
..... p9:- copy of the lifetime achievement award from international bigraphical centre combridge, england. p10:- copy of the national register entry for grass-root innovations by national innovation foundation (csir), india. p11:- copy of the lok bharati gaurav puraskar for the humanitarian service rendeed to the state of maharashtra through homoeopathy studies and research programme. p12 ..... , he has been practising homeopathy for not less than five years". w.p.(c) no. 31665 of 2010 - g 3 section 15(2) of the act reads as under; "no person, other than an practitioner of homeopathy who possess a recognized medical qualification and is enrolled on a state register or the central ..... the medical council for registration in india especially going by the provisions of 14(2)(a) and (b) of the homeopathic central council act, 1973 (hereinafter referred as the 'act').2. the contention raised by the petitioner is that he has sufficient experience in the homeopathic field which is evident from ext.p21, a .....
Tag this Judgment!Court : Kerala
Decided on : Jul-01-2013
..... k.ramakrishnan,judge sta op(cat) 568/13 &2314/12 127 in the decision reported in u.p.rajya krishi utpadan mandi parishad v. sanjiv kumar malik (1993 supp.(3) scc 483), it has been held that there is no restriction on competent authority to pass a second suspension order after the first order is quashed by ..... against certain officers functioning at decision-making-level without obtaining prior sanction of the government in absence of any such requirement under any provisions under prevention of corruption act or dspe act or any other statute. the word "superintendence" in section 4(1) cannot be construed in a wider sense to permit supervision of the actual investigation of ..... is being dealt with and so forth." 28. in the decision reported in rattan lal sharma v. managing committee dr.hari ram (co-ed) higher secondary school (1993(ii) llj 549), it has been held that there are a number of decisions where the application of the principles of natural justice in the decision making process of .....
Tag this Judgment!Court : Kerala
Decided on : Jul-16-2013
..... certificate.7. the learned public prosecutor pointed out that the contention based on section 300 of the cr.p.c. is without crl.a. no. 2818 of 2008 -8- any foundation and has no merits. that applies only to cases where there is a trial which has ended either in acquittal or a conviction and not in the case where the ..... has issued the certificate. we see no reason to discredit either the testimony of pw9 or ext.p6 issued by her. pw9 by issuing ext.p6 was performing an official act. official acts are presumed to be done properly unless proved otherwise. we notice that there is absolutely no challenge regarding the genuineness of ext. p6 in the cross examination of pw9 ..... is the victim herself. she has given a graphic description of what had transpired on the date of incident. she would say that the incident had occurred on 10.12.1993 in the afternoon. she at the relevant time was studying in the up school at ponganad. she would say that on the way back home, she had purchased vegetables from .....
Tag this Judgment!Court : Kerala
Decided on : Jul-23-2013
..... the acquisition proceedings initiated during the period 1982-83. admittedly, the acquisition proceedings thus initiated was lapsed. fresh notification under section 4(1) of the act was issued in 1993 and 1994 for acquisition including 20 cents belonging to the plaintiff. in the said proceedings 21 cents was left out. the said 21 cents is the ..... pleader on instructions submitted that steps have already been taken for acquisition and fresh notification under section 4(1) of the land acquisition act had already been published on 23.6.1993. the learned government pleader also submitted that the acquisition proceedings will be completed and award will be passed without delay. the submission was ..... which includes only 20 cents belonging to the plaintiff by publishing a notification under section 4(1) of the act in the year 1993 and 1994. it is admitted that declaration under section 6 of the act and the award were not passed though section 4(1) notification has been published in the year 1994. it .....
Tag this Judgment!Court : Kerala
Decided on : Jul-22-2013
..... , if may have helped to establish either that the temple is private or is public." certain tests have been laid down therein, where evidence regarding the foundation of the temple is not clearly available.43. the next decision is radhakanta deb's case (air 198.sc798) wherein, in paragraphs 13 and 14, ..... the board may appoint such number of deputy commissioners, asst. commissioner and other officers and staff as may be necessary for discharging its functions under this act. therefore, the statutory powers being conferred on the deputy commissioner, evidently the said power cannot be delegated and the power of delegation contained in section 19 ..... chapter vi under the heading "notified religious institutions" contains the detailed provisions enabling the authority to notify religious institutions. sections 63 and 64 of hr & ce act are relevant herein which are extracted hereunder. "63. issue of notice to show cause why institution should not be notified.-- (1) notwithstanding that a religious .....
Tag this Judgment!Court : Kerala
Decided on : Oct-11-2013
..... supreme court held as under: "14. reverting back to the case in hand, section 4 of the post graduate institute of medical education and research, chandigarh act, 1966 (pgimer act) says that pgimer is a "body corporate which is having a perpetual succession and a common seal with power". this clearly provides that pgimer is a separate ..... rehman. he also relied upon the judgment of the constitution bench of the supreme court in managing director ecil hyderabad and others v. b.karunakar and others [1993(4) scc727 to contend that acceptance of the enquiry report before seeking explanation of the delinquent employee amounts to violation w.p.c.no.13462/12 5 of ..... and ext.p10 is the order issued to the petitioner. petitioner preferred revision before the government to cancel the resolution under section 8(4) of the kerala sports act, which was rejected as per ext.p13 order. petitioner therefore challenges exts.p9, p10 and p13. petitioner also seeks for a declaration that the enquiry report at .....
Tag this Judgment!Court : Kerala
Decided on : Dec-17-2013
..... criminal justice system. there are cries for harshest penalties, but often times such crimes eclipse the real plight of the victim. rape is an experience which shakes the foundations of the lives of the victims. for many, its effect is a long-term one, impairing their capacity for personal relationships, altering their behaviour and values and ..... the crl.p.c the same can also be taken into account as additional links in the chain of circumstantial evidence." 290. in vasudevan v. state of kerala (1993(1) k.l.t short note, case no. 5), it was held, "in such circumstance, accused being in possession of the stolen property is naturally presumptive proof ..... sexual assault". according to the learned special public prosecutor, the same was only a cryptic report, which even did not reveal the necessary ingredients to constitute the act of forceful sexual intercourse committed by way of rape on the victim as the terms used were vague and therefore, pw64 who had conducted the postmortem examination, had .....
Tag this Judgment!Court : Kerala
Decided on : Dec-09-2013
..... she had never asked for dowry nor did she threaten or intimidate the victim. the allegation that she asked the victim to go and die etc., are without any foundation. she too would assert that it was the first accused taking care of the third accused and her children that had annoyed both the victim and her family members ..... 17- and stayed in that house. the answer is simple. probably and possibly, these witnesses would have thought that their presence would deter the accused from ill-treating or acting cruelly towards the victim. in fact, pw4 had admitted that he stayed for quite some time in the matrimonial house of the victim. he would also say about the conduct ..... difficult to accept their version that there was no ill-treatment of the victim by the accused. in fact, in the cross examination of pw5 even suggesting that the act which is spoken to by the first accused is either false or that he had any reason to unnecessarily implicate the accused.23. the court below therefore was inclined .....
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