Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Sorted by: recent Court: kerala Page 1 of about 54 results (0.071 seconds)

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 .....

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 .....

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 .....

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 .....

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

..... (pvt. ltd.) vs. esi corporation that, while construing a welfare legislation like the employees state insurance act and the notification issued thereunder, a liberal construction should be placed on the provision, so that the purpose of legislation may be allowed to be achieved, rather than frustrated or stultified (paragraph 4). ..... statement of objects and reasons - the payment of gratuity act 1972 provides for payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishment and for matters connected therewith or incidental thereto. clause (c) of sub-section (3) of section 1 or the said ..... reads as follows: (e) employee means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or .....

Intelligence Officer, Narcotic Control Bureau Vs. Lijo K. Jose

Court : Kerala

..... of a number of persons and the object of making stringent provisions or control of illicit traffic in narcotic drugs and psychotropic substances, there is no reason to accept the construction of the section which its language can hardly bear. 52. in the case of crl.m.c.no.5210 of 2015 and crl.m.c.no.5095 of 2015, it .....

Nanmanda Rural Co-Operative Housing Society Limited and Another Vs. K. ...

Court : Kerala

..... them.'' 52. it will be seen that lord buckmaster treated the rule as one of `absolute obligation', whereas lord macmillan treated the same `as a cannon of construction', i.e., as a presumption in the circumstances where judicial interpretation was well settled and well recognised and even then he thought that the rule must yield to ..... to each other, they shall be taken and construed together, as one system and as explanatory of each other'. * * * the application of this rule of construction has the merit of avoiding any apparent contradiction between a series of statutes dealing with the same subject; it allows the use of an earlier statute to throw light on ..... as an award, after proper hearing of the parties, and on consideration of the evidence adduced. (arbitration) (emphasis supplied) 32. in state of arunachal pradesh v. damani construction co., ((2007) 10 scc 742) the hon'ble supreme court has held that an `interim award'' given by an arbitrator is final to the extent the claims decided .....

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 .....

Dr.Sindhu S Vs. The Kerala University of Fisheries and Ocean Studies

Court : Kerala

..... rule of interpretation to seek the meaning of words used in an act in the definition clauses of other statutes and that it would be a new tenor in the construction of statutes if it required to limit a word to an unnatural sense because in some act which is not incorporated or referred to, such an interpretation is given to .....

C.K.Joseph Vs. Kerala State Electricity Board

Court : Kerala

..... connection of cons. no. kumbalangy centre on 29.08.1998 on the ground that the service line drawn to the consumer has no clearance to a new adjacent building under construction. but the consumer was not served with a notice before disconnection. (2) there is another service connection ie. cons. no. 10632 in the same service line having the same problem ..... taking action against cons. no.3435. (3) a notice under section 79, 140a of indian electricity rule 1956 could have been served on the owner of the building under construction (sri. p.j.sunny) and he should have been asked to stop the construction until sufficient clearance is provided. but no such notice was issued to the owner of the building under ..... construction. instead actions taken against cons. no. 3435 who was not guilty in this matter. (4) sri. c.k. joseph, neither reported the matter to the superior officers nor he obtained .....