Judgment Search Results Home > Cases Phrase: karnataka prohibition act 1961 section 11 delegation Court: kerala Page 1 of about 1,269 results (0.166 seconds)

M.R. Ajayan Vs. State of Kerala, represented by The Chief Secretary To ...

Court : Kerala

..... be permitted. the 2001 rules permit killing of stray dogs only in accordance with rules 9 and 10 of the 2001 rules. section 11(l) of the 1960 act prohibits killing of any animal including stray dogs. several panchayats and individual persons are indiscriminately killing stray dogs in an inhuman manner which has to be stopped. local authorities ..... court. 63. learned counsel for the petitioners submitted that although against the full bench judgment of the bombay high court and the division bench judgment of the karnataka high court matter is engaging attention of the apex court, looking into the continued stray dog menace in the state of kerala certain directions are urgently required to ..... phrase "for the time being in force" came up for consideration in the context of section 28(11) of the u.p.kshettra samitis and zilla parishads adhiniya, 1961. section 28(11) reads as follows: "if the motion is carried with the support of more than half of the total number of members of the zilla parishad .....

Palraj @ Appukuttan Vs. State of Kerala

Court : Kerala

Reported in : 2008CriLJ4086; 2008(2)KLJ561

..... to have caused for death.explanation - for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment ..... under section 304b ipc, we cannot finally convict him under that section, in view of the decision of the apex court in shamnsaheb m. multtani v. state of karnataka : 2001crilj1075a . if we venture to evaluate the evidence and decide whether the appellant could be convicted under section 304b ipc, the same will result in miscarriage of justice ..... for it, provided he is given a chance to adduce defence evidence, is supported by the decision of the apex court in shamnsaheb m. multtani v. state of karnataka : 2001crilj1075a . but, the learned counsel for the appellant submitted that there is no evidence on record to show that soon before the death of valsala, she was .....

N.R. Nair and ors., Etc. Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2000Ker340

..... same force as that of the directive principles. of course, the duty as such is not legally enforceable in the courts; but if the state makes a law to prohibit any act or conduct in violation of any of the duties, the courts would uphold that as a reasonable restriction on the relevant fundamental right, just as they did uphold any ..... trade in ivory or ivory articles, whether indigenous or imported. assuming trade in ivory to be a fundamental right granted under article 19(1)(g), the prohibition imposed thereon by the impugned act is in public interest and in consonance with the moral claims embodied in article 48a of the constitution; and the ban on trade in imported ivory and ..... in article 19(1)(g) of the constitution of india. we are supported on this by the decision of the supreme court in khody distilleries ltd. v. state of karnataka (1995) 1 scc 574: (air 1996 sc 911) wherein it has been held in unmistakable terms that the citizens do not possess the rights enumerated under article 19(1 .....

T. Jayarani Vs. The Assistant Registrar of Co-operative Soceites Gener ...

Court : Kerala

..... . 70. adverting to the factual context, the court has observed that on finding that either the workmen were engaged in violation of the act or were continued as contract labour, despite prohibition of the contract labour, the high court has, with judicial review as the basic structure, a constitutional duty to enforce the law through suitable ..... , to many an appellate scrutiny however the cases may have arrived in the appellate court review is the most accurate term. in s. nagaraj v. state of karnataka 1993 supp (4) scc 595, at page 618 the apex court has held that review literally and even judicially means re-examination or re-consideration. basic philosophy ..... impact of illegality ratification: 41. even if conjecturally considered, the legal fallout of an illegal appointment is not far to seek. in raghavendra rao v. state of karnataka (2009) 4 scc 635 the supreme court has held that once the appointment is by an incompetent person, the said appointment is a nullity. in ashok kumar sonkar .....

Omana Vs. State of Kerala

Court : Kerala

Reported in : 1993(2)ALT(Cri)667; 1994CriLJ686

..... the time being in force on granting of bail.3. it is significant that the non-obstante clause in the section is followed by words which contain absolute prohibition in granting bail except in contingencies specified in the sub-section. it means that the benefits provided in the code shall stand at bay while considering the ..... pases'. learned counsel also invited my attention to the following obserations made by mirihe, j. of the karnataka high court in kamalabai v. state of karnataka, 1992 cri lj 561 in support of her plea. 'no doubt the offences under the act (ndps act) are of serious menace to the society at large. but while considering the bail application, the ..... of section 167(2) of the code is a different matter and at a different stage. the said principle cannot be applied during consideration of section 37 of the act which reads thus:37. offences to be cognizable and nonbailable.-- (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974).--(a) every .....

State by Sub Inspector of Police Vs. Satish Shetty and ors.

Court : Kerala

Reported in : II(2008)DMC132; ILR2008(2)Kar1432; 2008(5)KLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008CriLJ2490; 2008(3)AICLR396(DB)

..... sub-section (1) of section 304b, ipc says that 'dowry' shall have the same meaning as in section 2 of dowry prohibition act, 1961.section 2 of dowry prohibition act reads as under.--2. definition of 'dowry'--in this act 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly--(a) by one party to ..... ipc, the respondents/accused could not be punished for lesser offence under the dowry prohibition act. of course, this was with reference to the judgment of this court and the apex court. he relies upon dalbir singh v. state of u.p. : 2004crilj2025 and state of karnataka v. choivdegowda ilr 2007 kar. 2117, on the point that even if no ..... of ending her life only in order to show her displeasure and non-cooperation with her husband. he relies upon several decisions i.e. chattdrappa and ors. v. state of karnataka i (2007 ccr 465 (sc) : i (2007) dlt (crl.) 732 (sc) : air scw 1850, so also rattanlal v. state of jammu and kashmir ii (2007) ccr 218 (sc .....

Sreedevi Vs. State of Kerala Represented by the Chief Secretary and Ot ...

Court : Kerala

Reported in : 2012(3)KLJ480; 2012(3)KLT528

..... no doubt, the offences alleged to have been committed by the appellant are such as to attract punishment under the andhra pradesh prohibition act, but that in our view has to be done under the said laws and taking recourse to preventive detention laws would not ..... 3) scr 435: at p. 1336 of air 1984 sc 1334) (supra) 12. in d.m. nagaraja v. the government of karnataka and others [(2011) 10 scc 215], the detenu was involved in 11 criminal cases. out of the 11 cases, in 4 cases, ..... the learned additional director general of prosecutions relied on the decisions of the supreme court in d.m. nagaraja v. the government of karnataka and others [(2011) 10 scc 215], haradhan shah v. state of w.b. and other (air 1974 sc 2154) and raj ..... of selling expired drugs after changing their labels. surely the relevant provisions in the indian penal code and the drugs and cosmetics act were sufficient to deal with this situation. hence, in our opinion, for this reason also the detention order in question was .....

Motty Philipose and anr. Vs. State of Kerala

Court : Kerala

Reported in : 2006CriLJ2271

..... v. union of india : air1996sc3538 , abdul rehman antulay v. r.s. nayak : 1992crilj2717 , raj deo sharma v. state of bihar : 1999crilj4541 and ramachandra rao v. state of karnataka : 2002crilj2547 , it is contended that the delay occurred in launching the prosecution and in terminating the trial, and the long pendency of this appeal and the trauma that the accused ..... misser's case : air1963sc1088 . going by the dicta in n.s. giri v. corporation of city of mangalore : (1999)iillj690sc and p. ramachandra rao v. state of karnataka : 2002crilj2547 , we are obliged to follow the decision by the bench consisting of more number of judges. therefore, as the first accused had crossed the age of 21 years as ..... the high court has found that ramji was not a person under the age of 21 on may 24, 1961 when the learned sessions judge found him guilty it is clear that section 6(1) of the act has no application to him. therefore, the relevant date for determining the age of the offender for applying section 6 .....

Narayanan and Co. and K.S. Ramakrishnan, P.K. Narayanan and Co. Vs. Co ...

Court : Kerala

Reported in : [1997]223ITR209(Ker)

..... such an agreement, which is contrary to the statutory provision, is void under section 23 of the contract act. such a partnership, which is void as being prohibited by law, cannot be a genuine partnership entitled to get registration under the income-tax act, 1961. so, we have to examine the true scope and effect of rule 6(22) of the rules ..... . this position has been put beyond any doubt whatsoever by the constitution bench of the supreme court in the decision of khoday distilleries ltd. v. state of karnataka, : (1995)1scc574 . thus, the right of a citizen to deal in intoxicating liquors is only to the extent it is provided for and permitted by the ..... into for sharing the privilege in dealing in liquor with other partners is a prohibited one. such a contract of partnership is void under section 23 of the contract act. such a void contract of partnership cannot be recognised as a genuine partnership under the income-tax act, 1961.16. according to the assessee, the supreme court in jer and co. .....

Excel Glasses Ltd. and ors. Vs. State of Kerala

Court : Kerala

Reported in : (1992)IILLJ330Ker

..... , it was argued that the number of paid national and festival holidays in the neighbouring states, like tamil nadu and karnataka, were also not taken into account.13. as held in sant lal bharti v. state of punjab(air) 1988- ..... some of the petitioners, that there are many social welfare legislations like factories act, plantation labour act, shops and commercial establishments act, e.s.i. act, maternity benefits act, workmen's compensation act, etc. looking after the welfare of workers and providing for their health, ..... anr. (supra). manohar lal v. state (air) 1951 sc 315, and ramadhandas and anr. v. state of punjab (1961-ii-llj-102) upheld restrictions on hours of employment and time of opening and closing of commercial establishments as not violative of ..... (air) 1960 sc 430, restriction is wide enough to include prohibition also in appropriate cases though it is not the normal rule. but, when restriction reaches the stage of prohibition, special care has to be taken by the court to see .....