Court : Kerala
Reported in : II(2003)ACC506; 2003(1)KLT754
..... , j. 1. this batch of writ petitions could be jointly disposed of especially taking note of the stand taken by the insurance regulatory and development authority, the tariff advisory committee (general insurance) and the four insurance companies in the public sector, viz., new india assurance company limited, national insurance ..... were disabled to strike discordant notes, though they would have very much wished to have freedom for negotiations. this is because under section 64uc of the insurance act, the advisory committee, statutorily recognised, has been vested with power for fixing, amending or modifying any rates, advantages, terms or conditions, relating to any ..... collect insurance premium only in accordance with the tariff order issued in that behalf by the tariff advisory committee, notified under section 64uc of the insurance act, 1938; ii. issue another writ in the nature of declaration that general insurance companies represented by the respondents 3 onwards are not entitled to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1997Ker209
..... taluk. according to the petitioner, he is staying in the house situated in that property. he had purchased the land with the building. the greater cochin development authority (gcda) evolved a scheme for laying a new road from kadavanthara to ponnurunni. 1st respondent-gcda is building this road which is parallel to sahodaran ayyappan road ..... , meerut v. smt. pista devi, air 1986 sc 2025.11. there is no clear averment regarding any specific mala fides against any of the officers or authority in the original petition. even if 2.5 cents of land of the petitioner ..... acted in good faith and there is subjective satisfaction, this court would be reluctant in examining the propriety and correctness of the satisfaction by scrutinising the same as a court of appeal. facts in this case are similar to the facts in the decision of the supreme court in state of u.p. v. smt. pista devi and meerut development authority .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
..... than the prescribed standard for ammonia in ambient air under section 17(1)(i) of the air (prevention and control of pollution) act, 1981.160. human health, environment, development and law are globally interlinked. environment was rightly placed on the agenda of international priorities which was placed for discussion on the stockholm ..... prof. dinesh mohan is the chairman of various committees of the foundation engineering group of the indian standards institution. he is also an internationally accepted authority on soil mechanics and foundation engineering. in consideration of these facts, fedo has recommended acceptance of cbri proposals for the rectification work.76. as fedo ..... outlets. evacuation of the inhabitants by water transport immediately after a disaster will bepractically impossible. 'it is also stated in the letter that fact authorities reported that they were in search of a better site and further discussions with the chief secretary is awaited, the outcome of which shall then .....
Tag this Judgment!Court : Kerala
Reported in : [2008(118)FLR715]; (2009)ILLJ56Ker
..... be levied in all situations. such an intention on the part of the legislature is not decipherable from section 85-b of the act. when a discretionary jurisdiction has been conferred on a statutory authority to levy penal damages by reason of an enabling provision, the same cannot be construed as imperative. even otherwise, an endeavour should ..... not mean that levy of damages in all situations would be imperative.14. section 85-b of the act uses the words 'may recover'. levy of damages thereunder is by way of penalty. the legislature limited the jurisdiction of the authority to levy penalty, i.e., not exceeding the amount of arrears. regulation 31-c of the regulations ..... , therefore, in our opinion, must be construed keeping in view the language used in the legislative act and not de hors the same.it was further observed as .....
Tag this Judgment!Court : Kerala
Reported in : (1995)ILLJ493Ker
..... not challenged that part of ext; p6 which was against him in manner known to law. the decision of the learned single judge is reported as ponnambalam v. authority under m.w. act, (1994-i-llj-1195).4. it is undoubtedly true a la felicitous judgment of patanjali sastri, c.j. in state of madras v. kg. row that ..... accordingly a petition, separately filed, for condonation of the delay in filing the application, in so far as it related to the earlier period.2. after contest, the authority functioning under the act allowed the application in part. the claim for the period upto and inclusive of september 11, 1988 was held to be time-barred, the ..... authority not being able to discern any good ground to condone the delay in filing the application relating to that period. the authority however allowed the application for the subsequent period from september .....
Tag this Judgment!Court : Kerala
Reported in : AIR2004Ker265; 2004(1)KLT159
..... liability under the charge created by the bombay provincial municipal corporation act. it was held that the act did not expressly provide for enforcing a charge against the property which was sold for consideration and without notice. hence, that decision can be distinguished. the supreme court in delhi development authority v. skipper construction co. (p) ltd. and ors., ..... haji hussenbhai, air 1971 sc 1201. according to us, the argument of the appellant cannot be accepted. section 55(6)(b) of the transfer of property act itself clearly states that the charge will be binding on all persons even if it is a transfer for consideration and without notice. the decisions of this court ..... be encumbered with the charge. learned counsel argued his point getting sustenance from section 100 of the transfer of property act.4. there is no dispute that under section 55(6)(b) of the act, a charge is created for the prepaid purchase money. learned counsel contended that under section 100 of the transfer of .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ16
..... the senior counsel mrs. dandapani i am of the view that there is justification for allowing a reasonable rate of interest. the judgment of the supreme court, in gaziabad development authority v. union of india and anr. : (2000)6scc113 and in secretary, irrigation department, government of orissa and anr. v. gc. roy, : [1991]3scr417 to ..... in substitution of the first agreement. the supreme court had occasion to pronounce on the principle of novation statutorily recognised by section 62 of the indian contract act in lata construction v. rameshchandra ramnikial shah : air2000sc380 of the judgment. the court held that one of the essential requirements of 'novation' as contemplated by ..... v. dr. rameshchandra ramniklal shah and anr. : air2000sc380 to fortify his argument that in order that novation as envisaged by section 62 of the contract act applies, there should be complete substitution of a new contract in place of the old contract and that the substituted contract has to rescind or alter or .....
Tag this Judgment!Court : Kerala
Reported in : [1995(70)FLR387]; (1994)ILLJ1195Ker
..... the employee, that sum has to be limited to or quantified at rs. 500/- as claimed by the employee in ext.pl application itself and at any rate, the authority acted illegally and without jurisdiction in awarding rs. 3,235/- as compensation which is very much in excess of the sum of rs. 500/- which was claimed by theemployee himself. ..... in the matter of compensation even in cases where the claim made by the employee is less than the amount he is entitled to under the act, it is open for the authority under the act to step in and to award an amount which is in excess of the amount so claimed by the employee, but within the limit prescribed under ..... appropriate cases to grant compensation even though the amount claimed by the employee is less than what the employee is entitled under the act. it was also contended on behalf of the learned counsel that under the act, the authority has jurisdiction to grant compensation upto 10 times the amount of such excess (rs. 1073) and what has been awarded is .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... to sell them. this is very urgent and necessary for future development and security of the temple. 30. a master plan must be drawn for development of the temple town and its surroundings and a development authority constituted. there must be clear planning and healthy development of the temple town.' we are of the view that the ..... , where there is an effective legal aid organisation which can take care of such cases...........................but there may be cases where the state or apublic authority may act in violation of a constitutional or statutory obligation or fail to carry out such obligation, resulting in injury to public interest or what may conveniently ..... accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the .....
Tag this Judgment!Court : Kerala
Reported in : 1995CriLJ2825
..... of action arose within its territorial jurisdiction. it is indeed a great pity that one of the premier high courts of the country should appear to have developed a tendency to assume jurisdiction on the sole ground that the petitioner before it resides in or carries on business from a registered office in the state ..... which it exercises jurisdiction, that is to say the writ issued by the court cannot run beyond the territories subject to its jurisdiction. secondly, the person or authority to whom the high court is empowered to issue such writs must be within those territories, which clearly implies that they must be amenable to to its ..... to direct the first respondent, the assistant director of enforcement, trivandrum, to conduct investigation, enquiry and such other proceedings for violations of the foreign exchange regulation act committed by respondents 4 and 5, and for prosecuting them for the violations. he also prays for the consequential relief of recovering 95,000 riyals which were .....
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