Court : Kerala
..... the committee members (headed by him). it is obvious that the meeting was convened to avoid any further action. section 29 of the act has been amended by the kerala co-operative societies (amendment) act, 2013 by adding sub w.p(c) no.16166 of 2013-u11sections 3 to 5 to the said section. they are extracted hereunder ..... body meeting within the stipulated time. therefore, it is contended that the omission to hold the annual general body meeting itself is a grave omission under the amendment act that justifies the impugned action. apart from the above, there are other irregularities in the manner of functioning of the society as evident from the irregularities itemised ..... w.p(c) no.16166 of 2013-u5at least once in a year. the said provision has been amended by the kerala co-operative societies (amendment) act, 2013, that came into force on 14.02.2013. as per the amended provision, a disqualification has also been enacted to the members of the board for not convening the annual general .....
Tag this Judgment!Court : Kerala
..... no. mci.18(1)/2010-med./49070, in purported exercise of the powers conferred by section 33 of the 1956 act, the medical council of india, with the previous approval of the central government, made similar amendments to the postgraduate medical education regulations, 2000, providing for a single eligibility cum entrance examination. for the sake of reference ..... , 2010 (part ii)", whereby the medical council of india introduced the single national eligibility-cum- entrance test and the corresponding amendments in the dentists act, 1948, are ultra vires the provisions of articles 19(1)(g), 25, 26(a), 29(1) and 30(1) of the constitution, since they ..... -med./49070. in exercise of the powers conferred by section 33 of the indian medical council act, 1956(102 of 1956), the medical council of india with the previous approval of the central government hereby makes the following regulations to further amend the postgraduate medical education regulations, 2000 , namely:- 1. (i) these regulations may be .....
Tag this Judgment!Court : Kerala
..... be estimated. the words in the case of any person residing out of british india were deleted from s.42(1) during the pendency of the amendment bill of 1939 in the council of state presumably with the object of making the section applicable to any person who had any income which in a ..... hoarding or structure within the city without the written permission of the commissioner. such permission has to be obtained in accordance with the procedure prescribed under the act. if the licensing authority or the authority conferred with the power of granting permission fails to pass effective orders on any application for license or permission within ..... marketing v. bangalore city corporation (air 1998 karnataka 400) wherein the court while considering a deeming provision under section 443 (10) of the karnataka municipal corporation act held that when the legislature in its wisdom has power to provide deemed permission or deemed rejection on the happening or non-happening of a particular event or .....
Tag this Judgment!Court : Kerala
..... of the state cannot be interfered. it is further contended that in view of the constitutional amendment made under article 19(1)(c), insertion of article 43b and provision inserted in part ixb by the 97th constitutional amendment act 2011, right of co-operative societies are much extended. this court vide its various judgments ..... . thereby all latest banking can be done smoothly. the banking services like rigs, neft, demand draft, western union money transfer, ifco-tokyo, general insurance, railway reservation system (irctc), and free mobile facility to members under cug scheme are being rendered correctly and time bound manner. in the year 2006, the only primary ..... a time consuming process. emergent situations would require speedy action. such situations may be of diverse characters. it will be virtually impossible if a legislative amendment is to be sought for, for tiding over such situations, when public interest would justify a departure fro m the existing provisions. the power to exempt .....
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..... from open market and 10% for diplomaholders in the service of the board in the categories of overseer gr ii, lineman, clerk, etc. the reason for this amendment as seen from the introductory (1st ) paragraph of the order is the following: the board having considered the question of preserving certain percentage of vacancies of 1st grade ..... by which the board filled up the vacancies of sub engineers earmarked for in-service quota candidates by appointing second grade overseers who were possessing the qualifications to act as sub engineers (electrical) trainees and they are now permitted to occupy the post of sub engineers until regular hands were appointed through psc. it is further ..... selection. the respondents cannot be permitted to conduct the selection contrary to rules on the technical ground of delay. section 23(5) of the general clauses act, 1897 provides that the publication in the official gazette of a rule or byelaw purporting to have been made in exercise of a power to make rules .....
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..... by learned counsel for the appellant that, by allowing respondents 2 and 3 to get impleaded in the proceedings instituted by the 1st respondent and by allowing the amendment in the original petition, the nature and character of the original petition was materially and substantially changed, which alone is enough to non-suit the respondents under ..... will be conducive to the health, welfare, wellbeing and growth of the child. it is also contended that there is no prohibition under the guardian and wards act enabling the grandparents to have interim custody of the child for temporary and short periods. it is also contended by the learned counsel that, visitation rights and interim ..... house. in this regard a reference to the dictionary meaning would be beneficial, since the terms 'visit' or 'visitation' are not defined under the guardian and wards act. the 'chambers concise dictionary deluxe edition' defines the word visit as to pay a call upon; to go to for sightseeing; to go to stay with; to .....
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..... state of haryana through the land acquisition collector, gurgaon, 1986 (4) scc 151, this court held that having regard to the statement of objects and reasons of the amendment act, it is clear that s.28a is intended and meant for the inarticulate and poor people who by reason of their poverty and ignorance have failed to take advantage of ..... reference under section 18 and not from the order of the high court deciding the appeal against the award of the reference court. 14. the object of the amendment act 1984 as noted above is to extend the benefit of enhancement of amount of compensation by court on a reference filed by the land owners to those land owners ..... seek re-determination of compensation, once any one of them has obtained orders for payment of higher compensation from the reference court under s.18 of the act." section 28a, as inserted by the amendment act, reads as follows: "28a. re-determination of the amount of compensation on the basis of the award of the court: (1) where in an .....
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..... spirit. the entire constitutional and statutory endeavour is to keep the governmental interference to a minimum. 57. eloquent are the preamble to the act and the 97th constitutional amendment: the former exhorts that it is essential to organise the co-operative societies in accordance with co-operative principles as the self-governing, ..... contends the learned special government pleader. in this regard, he has laid emphasis on the preamble to the act and also the 97th constitutional amendment. any denial of membership, according to him, offends the amendment. in support of his submissions, the learned special government pleader has placed reliance on vipulbhai m.chaudhary v. ..... assistance or any guarantee by the government. section 12: 42. section 12 of the act stipulates that no amendment to any bye-laws of the society shall be valid unless such an amendment has been registered under the act. sub-section (3) provides for the statutory presumption that once a certificate of registration is .....
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..... cannot be termed as any delegation by the general body to the managing committee for physical demarcation of the wards. 38. it may be true that when the amendment was effected, ward nos.2 and 11 might have fallen in kizhuvilam panchayat. subsequently, with the delimitation of wards in the panchayat, the ward numbers may have ..... to make certain chosen members eligible to participate in the election, the managing committee has forged innumerable signatures in exhibit p3 minutes of meeting of the general body. acting on the complaint of the petitioners, the police have already registered exhibit p4 fir, however. 5. drawing my attention to exhibit p1 bye-laws, the learned counsel ..... grounds: that the division of wards in exhibit p1 bye-laws is not as per the law namely, section 28 of the kerala co-operative societies act (for short 'the act'); that many eligible members have been excluded from the final voters list; that exhibit p3 minutes of the general body meeting had the signatures of the .....
Tag this Judgment!Court : Kerala
..... he or she contests on a ward basis or on a non-ward basis. why is the division of the area on ward basis? 40. though section 28 has been amended by act 8 of 2013 by way of insertion of a proviso for holding election to certain types of society on a ward basis, it has not, however, provided any objects ..... from sc/st and one female member, both were elected from the area of operation of the bank as a whole. all what has happened under the amended provision of the co-operative societies act is an increase in the number of members in the reserved category from 2 to 7, the categories of each of which are stated above. however, the ..... could verify the status of a member whether he is active or inactive as per section 16a of the act. respondent society's: 4. sri.george poonthottam, the learned counsel for the sixth respondent society, has submitted that section 28 underwent an amendment on 14.02.2013, when the third proviso was added. according to him, though the division of the area .....
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