Court : Kerala
Reported in : [2004]138STC621(Ker)
..... amendment was made to section 29 of the act by the kerala general sales tax (amendment) act, 2000 by inserting explanation ii to sub-section (2) as follows :'explanation ii-for the purposes of this act, transport of goods commences at the time of delivery of goods to a carrier or bailee for transmission and terminates at the time when delivery is taken from such carrier or bailee'.this explanation, though introduced only by 2000 amendment ..... submits that this has been made explicit by incorporating such a provision in section 29 of the act [explanation ii to section 29(2) added by the kerala general sales tax (amendment) act, 2000]. ..... relied on the explanation to section 29(2) added by the kerala general sales tax (amendment) act, 2000 also.6. ..... officer has reason to suspect that the goods under transport are not covered by proper and genuine documents or that any person transporting the goods is attempting to evade payment of the tax due under this act, he may, for reasons to be recorded in writing, detain the goods and shall allow the same to be transported only on the owner of the goods, or his representative or the driver or other person-in-charge of the vehicle ..... and the owner of the vehicle and to release the vehicle only on the owner, driver, or person-in-charge of it furnishing the security provided in sub-section (2) and on a failure to take the vehicle to the nearest police station or to any check-post of the department for safe custody of the goods or the vehicle or both. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ280
..... of the police amendment act, 2007 (act 21/2007), when such a recommendation of the police complaints authority is received, the disciplinary authority is bound to take disciplinary action, though the disciplinary authority or the enquiring authority should not be influenced by the prima facie findings of the police complaints authority.13 ..... , admittedly, the government have power under rule 7 of the kerala police departmental inquiries, punishment and appeal rules, 1958, to suspend the ..... punishable under section 41(d) of kerala police act 1960. ..... a good and sufficient reason to impose penalty as per rule 15 of kpdip & a rules, if proved in a full-fledged enquiry.finally, the authority recommended as follows:we unanimously recommend to the appointing authority/disciplinary authority/government of kerala to initiate departmental proceedings against the respondent on the basis of the allegation that he had sexual intercourse with the complainant during subsistence of her marriage with mr. ..... the public interest to allow a government employee to continue in service, who possessed extra-marital relations, which became public and seriously observed by a legally constituted body like police complaints authority.the respondent was transferred on 24.5.2008 to malappuram, long before the initiation of the disciplinary proceedings. ..... kerala 2000 ..... sufficient to prove that shri.ivan rathinam had sexual intercourse with her in the year 2000 while subsistence of marriage of her with y. ..... kerala ..... kerala ..... kerala .....
Tag this Judgment!Court : Delhi
..... emphasis, concern and mandate of all the international instruments, as well as the constitutional provisions, is securing the best crl rev.no.443/2009 & crl.m.a.no.3071/2010 34 interest of the child which is manifested in the scheme of the jj act, 2000 (as amended by act 33 of 2006) as well. ..... , with support of the state government and suggest necessary action; (q) monitor associations and agencies within their jurisdiction that deal with children in order to check on the exploitation and absue of children; (r) co-ordiante with the police, labour department and other agencies involved in the care and protection of children with the support of district child protection unit or state child protection unit or state government; (s) liaison and network with the corporate ..... it is noteworthy that in ajit singh (supra), the court had placed reliance on a division bench decision of the kerala high court reported at 1995 crlj330in re: sessions judge which dealt with the provisions of the juvenile justice act, 1986 vis-a-vis a later act being the scheduled castes and scheduled tribes (provision of atrocities) act, 1989 (sc&st act, 1989). ..... the division bench of kerala high court in para 9 of the judgment held that:crl rev.no.443/2009 & crl.m.a.no.3071/2010 92 "the 1989 act was enacted to check and deter crimes against the members of the scheduled caste and scheduled tribe communities committed by non-scheduled castes and non-scheduled tribes. ..... state of kerala and ors. .....
Tag this Judgment!Court : Karnataka
..... snapdeal is an intermediary as defined under section 2(1)(w) of the information technology act, 2000, as amended by the information technology (amendment) act, 2008, and is therefore entitled to the exemption from liability in terms of section 79 information technology act, 2000, for the following reasons:5. 10. ..... cognisance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: provided that no such direction for investigation shall be made,-- a. ..... in order to see that innocent persons are not harassed by unscrupulous persons, this clause seeks to amend sub- section (1) of section 202 to make it obligatory upon the magistrate that before summoning the accused residing beyond his jurisdiction he shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for proceeding against the accused. ..... if an investigation under sub- section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer- in- charge of a police station except the power to arrest without warrant. 10.3. .....
Tag this Judgment!Court : Karnataka
..... snapdeal is an intermediary as defined under section 2(1)(w) of the information technology act, 2000, as amended by the information technology (amendment) act, 2008, and is therefore entitled to the exemption from liability in terms of section 79 information technology act, 2000, for the following reasons:5. 10. ..... cognisance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: provided that no such direction for investigation shall be made,-- a. ..... in order to see that innocent persons are not harassed by unscrupulous persons, this clause seeks to amend sub- section (1) of section 202 to make it obligatory upon the magistrate that before summoning the accused residing beyond his jurisdiction he shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for proceeding against the accused. ..... if an investigation under sub- section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer- in- charge of a police station except the power to arrest without warrant. 10.3. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)1574; (2001)3BOMLR630
..... to be released on bail in the sum of rs.25,000/- with some stringent conditions and he availed of the bail on 25.2.2000 and the said bail order was modified on 12.6.2000 bythe additional chief metropolitan magistrate, 11th court, kurla, on an application made by the detenu to which a reply was filed by the police, and inspite of the fact that the detention order was passed on 26.8.2000, a copy of the order by which the earlier bail order was modified, a copy of the application ..... act').the detention order along with the grounds of detention, which are also dated 26.8.2000, was served on the detenu on 23.9.2000 and their true copies are annexed as annexures a and b respectively to this petition.2 ..... lv of 1981) (amendment-1996), (hereinafter referred to as 'the m.p.d.a ..... singh, commissioner of police, brihan mumbai, detaining the detenu under sub-section 1 of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act. ..... tripathi, learned counsel for the petitioner, strenuously urged that if the subjective satisfaction of the detaining authority was really genuine then he should have ensured that action under section 7 of the m.p,d.a, act and sections 82 to 86 of the cr. p.c. ..... act and sections 82 to 86 of the code of criminal procedure was taken by the executing authority we make no bones in observing that the detaining authority has furnished a plausible explanation for the same in para11 of his return to which we .....
Tag this Judgment!Court : Mumbai
..... this being an appeal under section 30 of the employees' compensation act, 1923, (workmen's compensation amendment act 2009) (hereinafter referred as the act) substantial questions of law are as under :- findings(1) whether the tribunal has committed an error in awarding compensation though case is not covered under section 3 of the act and holding 100% disability ?no(2) whether the order of compensation of rs.3,75,528/- is just and legal in view of amendment of 2009 in section 4 of the act ?no(3) whether the respondent/original applicant is entitled to claim compensation as per ..... the additional commissioner after considering oral and documentary evidence, allowed the claim of the applicant and the tribunal taking into account the amendment of 2000 in the workmen's compensation act, awarded the compensation @ rs.3,75,528/- though the claim was made for rs.1,87,764/-. ..... thus the commissioner has committed an error in not considering the ratio of kerala state electricity board and anr. ..... the judgment of the division bench in neelkandan (supra) was overruled by the judgment of the larger bench in kerala state electricity board. ..... the case of neelakandan (supra) is overruled in the case of kerala state electricity board vs. ..... in the case of kerala state electricity board, enhanced rate was not made applicable because the accident took place prior to 15.9.1995 though decided subsequent to 15.9.1995. ..... in case of kerala state electricity board (supra). .....
Tag this Judgment!Court : Kerala
..... since section 324 of indian penal code has been made non-compoundable by the virtue of the amendment act, they have no other remedy, except to approach this court to quash the proceedings, invoking the power under section 482 of the 'code'. ..... 1 and 2 in crime no.117/2000 of ernakulam town north police station, in c.c.no.526/2006 on the file of the judicial first class magistrate court-ii, ernakulam. ..... no.948 of 2014 3 on the basis of the statement given by the 3rd respondent herein, against the petitioners, alleging offences under section 341, 324, 427 read with section 34 of the indian penal code, as crime no.117/2000 of ernakulam town north police station. ..... annexure3 a true copy of the charge sheet in crime no.117/2000 of ernakulam town north police station. ..... annexure2 a true copy of the f.i.s in crime no.117/2000 of ernakulam town north police station. ..... 948 of 2014 () ------------------------------------ appendix petitioners' annexures : ------------------------------------------- annexure1 a true copy of the f.i.r in crime no.117/2000 of ernakulam town north police station. ..... 117/2000 of ernakulam town north police station, ernakulam ------------------ petitioner(s) : -------------------------- 1. ..... the sub inspector of police ernakulam town north police station, ernakulam.3. ..... in the high court of kerala at ernakulam present: the honourable mr. ..... state of kerala rep. ..... by the public prosecutor, high court of kerala.2. .....
Tag this Judgment!Court : Chennai
..... the government behind the enactment of the juvenile justice (care and protection of children) act, 2000, and the amendments effected thereto in 2006, together with the rules framed thereunder in 2007, and the data available with regard to the commission of heinous offences by children, within the meaning of sections 2(k) and 2(l) of the juvenile justice (care and protection of children) act, 2000, we do not think that any interference is necessary with the provisions of the ..... general understanding of a sentence that can be awarded to a juvenile under section 15(1)(g) of the juvenile justice (care and protection of children) act, 2000, prior to its amendment in 2006, is that after attaining the age of eighteen years, a juvenile who is found guilty of a heinous offence is allowed ..... behind the enactment of the juvenile justice (care and protection of children) act, 2000, and the amendments effected thereto in 2006, together with the rules framed thereunder in 2007, and the data available with regard to the commission of heinous offences by children, within the meaning of sections 2(k) and 2(l) of the juvenile justice (care and protection of children) act, 2000, we hold that implementation of the various enactments relating to children would yield ..... the inspector of police, bagalur police station, krishnagiri ..... the inspector of police, bagalur police station, krishnagiri ..... inspector of police, theppakulam police station, madurai district and another [ ..... inspector of police and others [2012 (4) .....
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ459
..... while so, it is seen that the rule making authority, in exercise of its power under section 45 of the kerala sports act, 2000 amended the rules in order to remove the difficulty, by deleting the word 'elected', as appearing in rules 123 and 124 of the rules ..... 'sports for all' is the concept with which the kerala sports act, 2000 (hereinafter referred to as 'the act') was enacted. ..... as the case may be, and the ballot paper shall contain the names of all the contesting candidates.as per ext.p2 clarification referred to above, the secretary to government informed the sports council that the parent act provides for voting right to all the members whether they be ex-officio, nominated and elected, and hence the rules cannot restrict the right to exercise the vote to elected members only. ..... but the said provision being in conflict with section 11 of the parent act, the rule making authority, in exercise of its power under section 45 has rightly removed that conflict by the amendment brought into force by notification dated 24.2.2009, with retrospective effect from 17.7.2008.10 ..... though kerala has been in the forefront in sports and games, it appears only in the year 2000, a comprehensive legislation was enacted for the purpose of sports and games, for augmenting the athletic efficiency in the stale, and also for the purpose of constitution of sports councils at the state, district and ..... to elect and right to be elected, wherever required are distinctly provided under the kerala sports act. .....
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