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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Reported in : (1978)IILLJ258Ker
..... provision ; and if possible by reasonable construction, both are to be so construed that effect is given to every provision of each. statutes in pari materia, although in apparent conflict, are so far ..... independent act. experience indicates that a legislature does not deliberately enact inconsistent provisions when it cognizant of them both, without expressly recognizing the inconsistency.the canon of construction, under these circumstances, is stated by the author, at p. 531 :prior statutes relating to the same subject matter are to be compared with the new ..... well as in certain decisions, to show, under what circumstances, statutes can be considered to be in pari materia, and the nature of the construction to be placed on such statutes. sutherland, in ' statutory construction ', 3rd edition, vol. 2, at p. 535, states : statutes are considered to be in pari materia - to pertain to the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1980Ker137
..... cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market. explanation:-- lands used1 for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for the purposes ancillary to the cultivation of ..... cultivated with an agricultural crop coming within the ambit of the term 'agricultural crop' as used in the act. one should not deviate from the normal rules of statutory construction and refuse to evaluate the meaning of the words 'any other' appearing before agricultural crop in section 2 (f) (d (i) (c) of the act. we ..... menon would contend that the tribunal failed to notice that there was no dispute raised by the state or the custodian about the point of time of the construction of the buildings and that was the reason why no evidence was feltnecessary to be adduced by the appellant regarding the date of erection of such buildings. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker1
..... and lands used for any purpose ancillary to the cultivation of such crops' or for the preparation of the same for the market. explanation. -- lands dsed for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and play-grounds shall be deemed to be lands used for purposes ancillary to the cultivation of such ..... express mention of one person or things implies the exclusion of other person or things. this maxim is a product of logic and common sense -- sutherland on statutory construction. no doubt this rule is neither conclusive nor of universal application and is to be applied with great caution. it may be applied only when in the natural ..... and do not constitute 'crop' within the legal meaning of such term. (corpus juris secundum -- vol. 25 page 2). in another american case -- bagley v. columbus southern railway company (25 se 638: 34 lra 286) -- referred to on page 3 of corpus juris secundum -- vol. 25 p. 3 -- it was said that the question has .....
Tag this Judgment!Court : Kerala
Reported in : (1983)ILLJ267Ker
..... questions posed before us on the basis of the above definitions it may well be necessary to take note of certain well known principles in the matter of construction of the provisions in what may be termed as welfare statutes. the act as similar welfare statutes is aimed at ameliorating economic position and improving the working ..... of service of the petitioner was bad. it was expressly said there that the provision of the industrial disputes act will override the contrary provisions under the railway establishment code.18. in the light of the supreme court dicta we have to proceed on the basis that sovereign functions strictly understood alone qualify for exemption ..... act.24. o.p.no. 6108 of 1981: petitioner herein is a khalasi under the 3rd respondent in the o.p. i.e. electrical chargeman-a, southern railway, trivandrum. petitioner's claims herein really come under section 25h of the industrial disputes act, her services have already been terminated. no doubt she claims right under section .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker110
..... (2). after making an enquiry under sub-section (3), the board may grant its consent under sub-section (4), subject to conditions as to the point of discharge, construction and use of the outlet, and the nature, composition and rate of discharge of trade effluent. even when an outlet is brought into use if a new discharge is made ..... of the act is placed by the rule-making authority at the mercy of an outside agency. that is not permissible.18. it is a well-known rule of construction that no words are to be added to a statute unless there are adequate grounds to justify an inference that the legislature has intended something which it has omitted ..... 1413) the supreme court has said:--'the dominant purpose in construing a statute is to ascertain the intention of the parliament. one of the well-recognised canons of construction is that the legislature speaks its view by use of correct expression and unless there is any ambiguity in the language of the provision the court should adopt literal .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker200
..... is found that he secured admission to the course of the examination on production of a false information in the application form. the petitioners want us to put a narrow construction on this clause and contend that the clause contemplates not admission to the medical college but admission to the qualifying examination course viz., in the case of some, the pre ..... -degree examination and in the case of others, b. sc. degree examination. we do not agree that this clause admits only of such a narrow construction. in our view clause 23 is wide enough to include within its ambit cases like this where persons have managed to secure admission on production of false mark-lists. it .....
Tag this Judgment!