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 : AIR1992Ker360
..... of u.p. air 1990 sc 1927. it is also held in that decision that the constitution must not be construed in a narrow or pedantic sense and that the construction which is most beneficial, giving widest possible amplitude of its power, must be adopted. no entry in the constitution should be so read as to rob it off its entire .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... alias muthu gounder and anr. v. ayyavoor alias perutna gounder and ors. (air) 1982 sc 137, at para. 6, while construing the provisions of such enactments, court should adopt that construction which advances, fulfils and furthers the objects of the act rather than the one which would defeat the same and render the protection illusory. constitution has expressed a deep concern .....
Tag this Judgment!Court : Kerala
Reported in : [1991]71CompCas1(Ker)
..... the practice that is prevailing in transfer by blank transfer deed cannot be interfered with by interpreting the provisions of the stamp act. in hindustan steel ltd. v. dilip construction co., air 1969 sc 1238, at page 1240, the supreme court held as follows :'the stamp act is a fiscal measure enacted to secure revenue for the state on ..... where the permitted purpose is a mere pretext for a dominant purpose which is ultra vires, the action may not be lawful, (see westminster corporation v. london and north western railway co. [1905] ac 426 (hl) and r. v. brixton prison governor [1963] 2 wb 302). in the latter case, lord denning said that everything depended upon the ..... to the discharge of their duty towards the public, whose money and local business they administer.'38. vanghan williams l.j. in westminster corporation v. london and north western railway co. [1904] 1 ch 759 at page 767 said :'you are acting mala fide if you are seeking to acquire landfor a purpose not authorised by the act.'39 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker256
..... inherent power to inspect any material brought before it,' (francis bennign : statutory interpretation.) this is to enable the court to determine whether the material is relevant to the point of construction in question, and if so whether it should be admitted. this has to be done with a degree of inhibition and an amount of circumspection.'the passage extracted above would ..... this provision, that they 'shall be of the same effect as if they were contained in this act', any other meaning than this, that you shall for all purposes of construction or obligation or otherwise treat them exactly as if they were in the act. no doubt there might be some conflict between a rule and a provision of the act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker86
..... , and credit ought to be given to those who have to administer them that they will be reasonably administered. this involves the introduction of no new canons of construction. but, further, looking to the character of the body legislating under the delegated authority of parliament, to the subject-matter of such legislation, and to the nature ..... . reference may be made to state of u.p. v. babu ram : 1961crilj773 :-'rules made under a statute must be treated for all purposes of construction or obligation exactly as if they were in the act, and are to be of the same effect as if contained in the act and are to be ..... appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence service (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette apply.' according to the above provision, .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker206
..... error of law, but because as a result of making an error of law, they have dealt with and based their decision on a matter with which, on a true construction of their powers, they had no right to deal. if they base their decision on some matter which is not prescribed for their adjudication, they are doing something which they .....
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!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 : (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 .....
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