Court : Kerala
Reported in : 2008(2)KLJ170; 2008(2)KLT857
..... order:now, therefore, in exercise of the powers conferred by sub-section.(1) of section 3 and section 4, preventive detention act, 1950 (act iv of 1950), as amended by the preventive detention(amendment) act, 1951 (act iv of 1951), the governor of punjab directs that the said makhan singh tarsikka be committed to the custody of inspector general of ..... a decision of the supreme court reported in vashisht narain karwaria v. state of u.p. : 1990crilj1311 ; rajesh vashdev adnani v. state of maharashtra and ors. (2005) 8 scc 390 and rashidmiya v. police commissioner, ahmedabad : [1989]3scr182 . the learned counsel placed reliance on the decision of the apex court in state of west ..... the same is unsupported by any law. it is also averred that no orders contemplated under the relevant act has been issued in accordance with the provisions. therefore, according to her, the detention of her husband is patently violative of articles 14, 19, 21 and 22 of the constitution of india. thus, according to the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker398
..... other courts but it is unnecessary to refer to the decisions cited on the point as the position was not controverted. however the respondents rely on an amendment to section 62 by act 20 of 1988, madras which introduced a sub-clause as sub-clause (d) which is in these terms :'in such circumstances as may, in ..... inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted ..... the instant case is in point -- where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior count or tribunal of first instance is so patent and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. if an .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT396
..... the state legislature felt it expedient to enact such a law to replace the predecessor enactments by a comprehensive legislation in line with the constitution (seventy fourth amendment) act, 1972 for securing a greater measure of participation of the people in planned development and in local governmental affairs by constituting town panchayats, municipal councils and ..... suspension raising allegations against him that he was the person responsible for the irregularities connected with c.f. lamps referred to in ext. p2. on 21-5-2005 3rd respondent-chairman issued ext. p5 staying ext. p4. however, the petitioner was not reinstated in service.4. none of the respondents filed counter affidavit. however ..... the rules cannot be exercised by the secretary under the act, particularly, in a manner contrary to the object of the act and the scheme of the act, that the 5th respondent acted against the mandate of section 49(1)(k) of the act and that ext. p4 is patently illegal.6. points urged by shri. v.m. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT724
..... again lifted to rs. 2 lakhs by the amendment act 6/96 with effect from 27.3.1996. hence, as the time of the filing of ..... section 13(1) of the kerala civil courts act, 1957, at the time the appellate jurisdiction from original decrees was up to rs. 10,000/- in the district court. the same was again raised to rs. 25,000/- by the amendment act, 1984 with effect from 6.1.1984 and ..... was instituted in the munsiff s court on 3.3.1982 with valuation shown as rs. 150/-. subsequently alleging trespass effected, application for amendment in order to insert the prayer for recovery of possession with valuation modified to rs. 12,960/- was filed. the trial court allowed ..... concerned (bharat petroleum co. ltd. v. p.j. pappu, air 1966 sc 634).10. the most patent incongruity which was not brought to the notice of the court below is the provision in section 13(1) of the kerala civil courts .....
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Reported in : 2009(2)KLJ459
..... seen that the rule making authority, in exercise of its power under section 45 of the kerala sports act, 2000 amended the rules in order to remove the difficulty, by deleting the word 'elected', as appearing in rules 123 and 124 of the rules. in the notification dated ..... learned single judge upheld the clarification holding that the rules cannot have a different intention than what is provided under the parent act. however, the proceedings for election were set aside on the ground of a patent illegality, viz., the returning officer had delegated his powers to another officer. therefore, it was directed that the returning officer ..... should conduct the election in the manner as contemplated in the act and in rule 123 of the rules.5. while so, it is .....
Tag this Judgment!Court : Kerala
Reported in : (1998)IILLJ587Ker
..... that state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.' mr. kurien submitted that the code of criminal procedure comes under the concurrent list (list ..... discharge of his statutory function as a public prosecutor for the high court. referring to ext.r-1(e) it is submitted that the issuance of that proceeding is patently beyond the functions and powers of the a.g. it is also submitted that the d.g.p. was not aware of the issuance of ext.r-1 ..... effect that the public prosecutor shall be responsible for the conduct of all criminal cases and that the senior government pleaders and government pleaders appearing in criminal cases shall act under and in accordance with the directions of the public prosecutor. as already noticed, rule 19 deals with the duties of public prosecutor, senior government pleader and .....
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Reported in : AIR1996Ker268
..... is provided in the c.p.c. against such an order. but, section 5(i) of the kerala high court act, 1958, as amended by act 6 of 1966 lays down that an appeal shall lie to a bench of two judges froma judgment or order of a single ..... already filed contains similar averments, and therefore it is unnecessary.7. but, so far as paragraph 14(b) as stated in the amendment petition, which is sought to be introduced is concerned, we find that it contains averments of mixed questions of fact and law, so ..... this court as an original petition under section 104 of the patents act, 1970. learned counsel while referring to order 43 and sections 104 and 105 of the code of civil procedure, for short c.p ..... in the written statement, it is unnecessary to repeat the same. further he contended that the appellant filed such a petition for amendment at a belated stage only with a view to protract the proceedings.4. the case is being heard by a single judge of .....
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Reported in : AIR1982Ker156
..... reddy and madhava reddy, jj. held that notwithstanding the date of publication of the statutory notification under the andhra pradesh general sales-tax act, 1957 given as 1-12-1966, the amendment brought out thereunder could be effective only from 12-12-1966, the earliest point of time when the affected persons could actually receive the ..... national permit issued by competent authorities of other state/union territories in india in pursuance of sub-section (11) of section 63 of the motor' vehicles act, 1939 (central act iv of 1939) shall be paid by crossed demand drafts drawn in favour of the secretary, state transport authority, kerala, trivandrum and payable at tri- ..... was published in the kerala gazette extraordinary no. 573 of the same date, namely, 29-9-1975. the ordinance was replaced by the kerala motor vehicles taxation act, 1976 (act 19 of 1976).5. the petitioner contends -- and it is not contradicted on behalf of the government -- that though the gazette bore the date 29-9-1975 .....
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Reported in : AIR1995Ker276
..... bachelor degree in law (ll.b.) course and in exercise of the powers vested on the vice-chancellor under section 11(11) of the act, vice-chancellor has approved regulations/amendment to the regulations passed by the academic council. as per the regulation, the eligibility of the candidates who seek admission for the said course, ..... instituting a degree in ll.b. by the academic council. in the light of the above facts, the contention raised by the petitioners that no amendment had been brought about in the statute or to the other provisions of the cochin university first statute empowering or enabling the university for starting three year ..... year duration by the cochin university of science and technology, the 2nd respondent herein is patently illegal and violative of the provisions of the advocates act and also contrary to the provisions of the cochin university of science and technology act. petitioners also pray for issuance of a writ of mandamus forbearing the respondents from admitting .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker337
..... was receiving quota allotment in any allotment period, their case can be considered for allotment subject to the conditions that such unit will get the registration suitably amended on or before 31-12-1979 and the fact of such registration is intimated to the chief conservator of forests and the director of industries & commerce.' ..... to permit it to enjoy a quota and at the same time deny it to units which have been working for decades, will certainly generate gilbortian results. patent arbitrariness involved in this process of distribution cannot go unnoticed. 38. another instance of prima facie favoured treatment appears to be that of m/s. chammanam ..... officials of the industries department in relation to the other units but similarly situate. the petitioner did not rest content by making vague allegations about discriminatory acts. specific and concrete instances have been given of such actions indicative of treating the petitioner with an evil eye and an unequal hand. it felt that .....
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