Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Court: kerala Page 1 of about 54 results (0.096 seconds)

M. Madhavan Pillai Vs. K.A. Balan and ors.

Court : Kerala

Reported in : AIR1979Ker120; [1978(37)FLR59]

..... enactment' legal maxims, 10th edn. page 72. of course, as pointed out in 1954 ac 216, if there is any ambiguity in the statute, the court will lean against a construction which makes a man a judge in. his own cause.' this court then examined the supreme court's decision in nageswara rao's case (air 1959 s.c. 308) and ..... the decision in tirath singh v. bachittar singh (air 1955 sc 830). the principle is: (at p. 833) where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment or to some inconvenience or absurdity, a hardship or injustice, presumably not intended, a ..... construction may be put upon it which modifies the meaning of the words, and even the structure o the sentence.' this principle has been relied on by the supreme court in .....

C.K. Rajan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1994Ker179

..... was started. why? is it the way the managing committee intends to serve the worshipping public? there was lot of mismanagement in the matter of construction. the new construction will be non-productive. no prior sanction of the devaswom commissioner was obtained, though the work involves more than rs. 2 lakhs. the commissioner has ..... training archakas. the keezhedam temples must have a watchman during day time as well as night. the temple tank at kaveedu should be maintained properly. the construction of the katyana mandapam at thalakkottukara siva temple should be undertaken and the project completed without delay. there are lot of complaints and irregularities regarding 'udayasthamana ..... nambiar, amicus curiae, highlighted the fact that the guruvayur devaswom is every day growing and it is already a big empire. with the extension of the railways, it is bound to attract more crowd from all over. the expansion has already taken many dimensions and was not in the mind of the authorities who .....

Sheela R. Vs. the Corporation of Thiruvananthapuram and ors.

Court : Kerala

Reported in : 2009(16)KLJ870

..... set aside. but the ist respondent is restrained from taking any further steps against the 3rd respondent based on the findings regarding the unauthorised construction made in deviation from the approved plan, provided the 3rd respondent submits proper application for regularisation accompanied with plan and drawings along with remittance of ..... to whether regularisation can be granted or refused. while considering a question as to whether a provisional order issued for demolition of the unauthorised construction need be confirmed or not, the secretary is not expected to arrive at any conclusion regarding regularisation, without there being any such request submitted ..... of the above quoted provisions it is evident that a comprehensive scheme is provided to deal with applications for regularizing an authorized or deviated constructions. therefore the question mooted for consideration is as to whether a decision permitting regularization can be taken by the secretary, without complying with the .....

Narayanan Damodaran and ors. Vs. Narayana Panicker Parameswara Panicke ...

Court : Kerala

Reported in : AIR1971Ker314

..... it should construe the language employed as limited to its constitutional applications, in accordance with the maxim that a statute should not be given an unconstitutional construction',i then considered the important rulings of the supreme courts of america and india and said that the ultimate test of separability in application is the ..... tenure on mortgagees is not necessarily dependent on cultivation of the land but on continuous occupation for fifty years (cultivation perhaps being presumed) or on the construction of a residential house, together with the occupation of the same for twenty years. in the course of the arguments i asked the learned advocate general ..... industrial or commerical purposes, are exempted from chapter ii under section 3 (iii). section 106 granted fixity of tenure to such leases if a building had been constructed for such industrial or commercial purpose: but the section was declared unconstitutional in govinda pillai's case, 1971 ker lt 87 = (air 1971 ker 295 (fb .....

Karunakara Kurup Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT215; (2004)ILLJ1069Ker

..... causing obstruction and damage. it also prescribes punishment for other offences. the act also envisages disqualification from work. thus, in view of the latest enactment, the scope for a liberal construction is restricted. 19. it is clear that the provisions of the original act were not understood in the right perspective. the concessions were misused. thus, remedial measures had to be .....

Anitha Bruse Vs. State of Kerala,

Court : Kerala

Reported in : 2008(2)KLJ170; 2008(2)KLT857

..... in state of west bengal v. ashok dey : 1972crilj1010 . in para 7 of the above decision, the apex court has held as follows:7. we are unable to accept this construction of clause (7) of article 22. it is noteworthy that shri chatterji, learned counsel for the respondents, expressly conceded before us that article 22(7) is only an enabling or .....

Ammini E.J. and Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1995Ker252

..... by all the courts that section 10 of the act specifically sets forth the grounds on which the marriage can be dissolved and no additional groundscan be included by judicial construction of similar provisions in other enactments unless the section plainly comprehends such grounds. no parallel can be drawn between the personal laws relating to one community and another community for ..... stated thus : 'the attempt of the court should be to expand the reach and ambit of the fundamental rights rather than accentuate their meaning and contents by process of judicial construction..... personal liberty inart. 21 is of the widest amplitude'. guided by the above principle of interpretation and following the example in maneka gandhi's case (air 1978 sc 597} a .....

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... all courts that section 10 of the divorce act specifically sets forth the grounds on which the marriage can be dissolved and no additional grounds can be included by judicial construction of similar provisions in other ennclments unless the section plainly comprehends such grounds. no declaration as prayed for declaring the provision partly unconstitutional and to retain the rest as valid .....

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... , in order to reach the result required by equity, justice and good conscience'.there cannot be any doubt that equity and justice require the imposing of a constructive trust on the state in this case.thus, i am of the view that the direction to the state to spend for the upkeep of the various temples ..... in that case the supreme court was considering a public interest litigation to ensure observance of theprovisions of various labour laws in relation to workmen employed in the construction work of various projects connected with the asian games. the supreme court held the union of india, the delhi administration and the delhi development authority to be ..... trustees who were holding these properties for the benefit of these temples, in my view, the state has become a constructive trustee in possession of trust properties. if the government is in the position of a constructive trustee there is no difficulty in holding that there is an obligation on the government which is holding the trust .....

Chirayinkeezhu Service Co-Operative Bank Vs. K.Santhosh

Court : Kerala

..... be superfluous.76. to treat a statutory provision as superfluous, is the last among the recourses that would be taken in the process of interpretation and construction of statutes because courts start with a presumption that every portion of a statute has some purpose and its presence is necessary to effectuate that purpose ..... to have been deliberate and with the purpose to limit, qualify or enlarge the pre - existing law as the changes of the words employ. any construction that makes exception (clause) with which section opens unnecessary and redundant should be avoided.39. however, if the latter statute does not use the same ..... ------------------------ chirayinkeezhu service co-operative bank bank ltd.no.1155, chirayinkeezhu, rep. by its secretary. by adv. sri.liju. m.p respondent(s)/respondents: -------------------------- 1. k.santhosh railway station, chirayinkeezhu.2. labour court, kollam. r2 by adv. sri.bechu kurian thomas r. by adv. sri.paul jacob (p) r. by adv. sri.enoch david .....