Court : Kerala
Reported in : 2010(1)KLT523
..... which reads as follows:note (i) a copy of the order shall be furnished to the local educational authority (if any),(ii) no school which has not been included in the development plan of the educational authority, if any, shall be opened.note (ii) quoted above, specifically says that no school, which has ..... act, 1994, shall establish a district educational authority having jurisdiction in the district. section 18 deals with the functions of the district educational authority, which includes opening of new schools or upgrading of existing schools. section 18a deals with the formation of educational development committee for each school by the local authority concerned ..... development plan mentioned in that rule is the plan prepared by the district planning committee and approved by the government, while preparing the state plan. in this context, it is fruitful to refer to section 17 of the act. sub-section (1) of section 17 reads as follows:17. establishment of district educational authority .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT669
..... a re-scheduling of the election on the count that the election to the standing committee for development was not held in accordance with the provisions in the sc rules. this decision is challenged by the writ petitioner on grounds that the deputy director acted without authority; the sc rules do not provide for setting aside an election and that there was no ..... ground, on facts, to interfere with the election of the standing committee for development. it is also attempted to be pointed out by the learned counsel for the petitioner .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ400
..... 88(2), to that extent, is of no consequence, but has become superfluous or otiose, more so because, as held above, it is not from such a notification that the authority is generated for the court to try the election petition. therefore, to the extent, a new munsiff's court or a district court comes into being as a result of ..... among other things,that not with standing anything contained in the constitution, no election to any panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for, by or under any law made by the legislature of a state.8. section 87 in chapter x of the ..... jurisdiction of the courts by virtue of clauses (a) & (b) of sub section 1 of section 88 does not depend upon any further action by any other authority for conferment of such power, but springs upon the coming into force of the act and eo instanti empowers all existing appropriate courts and flows into any court established thereafter under the c.c .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... 1975 asengaged in any of the sro. no. 288/75.manufacturing processes specifiedin clause (12) of section 2 of theemployees' state insurance act,1948 (central act 94 of1948).-------------------------------------------------------------------------3. the following establishments whole of the state of kerala wherewherein 20 or more persons are the benefit provisions of chapteremployed or ..... manager of the factory under (the factories act, 1948 (63 of 1948)), the person so named;(ii) in any establishment under the control of any department of government of india, the authority appointed by such government in this behalf or where no authority is so appointed, the head of the ..... department;(in) in any other establishment, any person responsible for the supervision and control of the establishment;section 2(13) of the act defines the expression 'immediate employer .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT273
..... committee for welfare was declared by the kerala state election commission as disqualified on account of defection in terms of the kerala local authorities (prohibition of defection), act, 1999, for short, the 'p.d. act'.6. sri. pradeep kumar, then a member of the standing committee for welfare, was elected the president of the panchayat. thereby ..... filled up in 2005 and abdul kareem was elected the president.2. in terms of section 162(1) of the p.r. act, a village panchayat has three standing committees, for finance; development; and welfare. section 162(2) provides that the elected panchayat members, except the president and vice-president, shall be elected as ..... further provides that the vice president shall be an ex-officio member and chairman of the standing committee for finance.3. the finance, development and welfare committees of the first respondent panchayat were respectively constituted with the vice president and four members in the finance committee; another five members in the .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT908
..... statutes. counsel for the university submits that since executive powers of the university is vested in the syndicate as per section 14 (1) of the act, which is also the authority to make statutes, the syndicate has the powers to prescribe qualifications, when the statutes are silent about it. counsel for the university made available ..... on the ground that the norms for selection was laid down by the selection committee, which, by virtue of the decisions of the supreme court, is without authority and jurisdiction. the university has made available to me the files relating to the proceedings of the selection committee. the selection committee consisted of (1) the vice ..... the subject is quite clear to the effect that unless authorised by the rules, selection committee has no jurisdiction or authority to lay down the norms for selection. here, the university has no case that the act or statutes authorise the selection committee to lay down the norms. therefore, i do not have to delve too .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ363
..... a co-operative land mortgage bank which was registered under the madras co-operative societies act, 1932, for short, the 'madras act'. thereafter, the kerala state co-operative (agricultural and rural development banks) act, 1984 came into force. that act, for short, 'the card act', governs the loan transactions of the petitioner.2. on the basis of the provisions ..... of the card act, the petitioner is entitled to seek o.p. no. 29506 of 2000-k decided on 01-11-2007 ..... the co-operative societies, in the following cases to the extent indicated in each case:(a) the whole stamp duty with which under the kerala stamp act 1959 (act 17 of 1959) instruments executed by or on behalf of any registered co-operative society or instruments executed by 'any officer of such society or member .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ919
..... would seriously question the maintainability of writ petition and submit that in essence it seeks resolution of disputes between the panchayats, who are statutory authorities and functionaries under the forest act and other forest laws. drawing my attention to the judgment of the supreme court. mahanagar telephone nagam ltd. chairman. central board. diect ..... of the constitution of india raising substantial questions of law regarding the interpretation of various provisions of the kerala panchayat raj act and complaining of attempted interference by forest authorities in their functioning and enjoyment of rights which are available to them under law. according to the petitioners panchayats, ..... it was introduced in the constitution with the end of securing greater major partition of people in planned development. it was argued that there are specific provisions in the panchayat raj act vesting rivers with the local panchayats which had to be honoured since the provisions like 218 are virtually .....
Tag this Judgment!Court : Kerala
Reported in : 2000CriLJ3729
..... that the jaina ascetics, too, consider it particularly meritorious.16. the law commission of india had taken note of the fact that the british parliament had enacted the suicide act in 1961, under which an attempt to commit suicide has ceased to be an offence. law commission, therefore, concluded that the penal provision contained in section 309 of ..... kill himself, so that to justify a verdict of suicide, it must be shown that he knew what he was doing and was aware of the probable consequences of his acts. the earlier decision in cliff v. schwabe (1846) 3 cb 437 was approved.12. in our view, therefore, the word 'suicide' in plain english language would mean ..... for transplantation of bodily organs is concerned, the question need not detain us longer since we have a legislation on the subject, namely, the transplantation of human organs act, 1994. hence, in our view, it is not necessary to express any opinion on the said question, which is covered by the provisions of the transplanation of .....
Tag this Judgment!Court : Kerala
Reported in : [2007]8STT33; (2007)7VST323(Ker)
..... possible for the legislature to envisage in detail every possibility and make provisions for them. the legislature, therefore, is forced to leave the authorities created by it an ample discretion limited, however, by the guidance afforded by the act. this is the ratio of delegated legislation, and is a process which has come to stay, and which one may be permitted to ..... counsel dr. k.b. muhamed kutty submitted that sub-section (16a) of section 47 of the kvat act authorises the commissioner to direct payment of tax in respect of the sale of evasion-prone goods before the date prescribed for payment. he has no authority to direct payment of tax before the sale takes place. rule 22 of the kvat rules prescribes .....
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