Court : Kerala
Reported in : 2007(2)KLJ795
..... hope government will take serious note of the above aspects and take remedial measures. government however cannot bypass the statutory obligation cast on it under the university act and the statutes by not deputing its nominees to the selection committees. government have got an obligation to send nominees as per law and government nominee ..... appointments contrary to student strength and workload. considerable responsibility is cast upon the government and its nominees who are in the selection committee constituted under the university act to see that proper selection is made. statutory obligation is also cast on the director of collegiate education to examine the workload and the student strength. ..... to be introduced, or a new course or division is sought to be started. government sanction is a pre condition under section 57(1) of the university act. ext.p 17 order of the government which is under challenge reads as follows:in view of the above, till such time as formal government orders .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker278
..... conduct of the case.i may add further that it is right time that suitable amendments be made to avoid apparent conflict between the various provisions of the calicut university act.for all these reasons stated above, i set aside exts. p3 and p4 to the extent that it elects the 4th respondent to the committee constituted by the ..... of life imprisonment is for an uncertain term, that is to say, that it is not imprisonment for a term. in union of india v. tulsiram patel (1985) 3 scc 398 : (air 1985 sc 1416) while dealing with 'tenure' the supreme court held that 'tenure' means 'manner, conditions or term of holding something' according to webster's third new ..... by the order of the government and the term of its members expired. thereafter the government reconstituted the market committee. in motiram ghelabhai v. jagan nagar, 1985 2 scc 279 : (air 1985 sc 709) referring to the import of the proviso the supreme court referred and followed a passage in craies on statute law (fifth edition) and the .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT133
..... qualification. having found that ext.p2 u.g.c. regulations do not apply and that ext.p1 is not challenged as being opposed to the kerala university act as well as the statutes made and regulations framed thereunder, the qualifications prescribed in ext.p1 govern. they read as follows:'qualification:reader xxx xxx xxx ..... ext.p1 notification specifically states that the appointments to the posts will be made in accordance with section 6 sub-section (2) of chapter ii of kerala university act, 1974. the rules as to reservation are also stated in the notification. the qualifications prescribed are indisputably in terms of the regulations made by the academic ..... regulations relating to qualification of teachers until further orders. so much so, the contention of the petitioners that the u.g.c. regulations would supersede the university act, the statutes and regulations made thereunder cannot be accepted.10. that apart, ext.p2 regulations are dated 4th april, 2000 and have come into force with .....
Tag this Judgment!Court : Kerala
Reported in : (1999)IILLJ1065Ker
..... central administrative tribunal, ernakulam bench on december 7, 1998 rejecting o.a. no. 1676 of 1998 under section 19(3) of the administrative tribunals act, 1985 (for short 'the act')2. while the appellant was working as transmission executive in the office of the all india radio, calicut he was transferred to its trichur office ..... of the power conferred upon the parliament by clause (1) of article 323a it enacted the administrative tribunals act, 1985 (act 13 of 1985). in view of article 323a(2)(d), section 28 was originally inserted in the said act for exclusion of jurisdiction of courts except the supreme court under article 136 of the constitution. the said ..... section was later amended by the administrative tribunals (amendment) act, 1986 with effect from november 1, 1985. the result of the said amendment is that no court except the supreme court or any industrial tribunal, labour court or other authority .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker151
..... petitioners. so they contended that the impugned orders are illegal and have to be ignored.6. section 5 of the kerala university act, 1974, enumerates the powers of the university. clause (v) of that section enables the university to grant diplomas, certificates or other distinctions to persons who shall have pursued a prescribed course of study under prescribed conditions. ..... nos. 249 of 1982 and 4232 of 1982 along with similar original petitions filed by others, on 28-2-1983. o.p. no. 7733 of 1985 filed by the petitioner praying for a direction to allow her to continue her studies and to appear in the examinations, was dismissed by this court on 14-10 ..... the enquiry. a new enquiry officer was appointed by the university. he issued a fresh memo of charges on 7-12-1985. the petitioner approached this court by filing o.p. no. 11084 of 1985 for quashing the said memo of charges. the standing counsel representing the university reported to this court that the enquiry officer has resigned on .....
Tag this Judgment!Court : Kerala
Reported in : 2009(235)ELT435(Ker); 2008(3)KLT694
..... packaged commodities) rules, 1977. the learned single judge allowed the original petition. it was held thus:by reason of standards of weights and measures (enforcement) act 1985, the former is made applicable for intra state trade as well. therefore the provisions therein are applicable only in respect of the trade or commerce by ..... by the petitioner;(b) for an order and declaration of this hon'ble court that section 33 of the standards of weights and measures (enforcement) act, 1985 is ultra vires the constitution of india and is void and liable to be struck down;(c) for a writ of certiorari, or a writ ..... judgment since common questions relating to interpretation of the provisions of the standards of weights and measures act, 1976 (hereinafter referred to as 'the standards act'), the standards of weights and measures (enforcement) act, 1985 (hereinafter referred to as 'the enforcement act') and the standards of weights and measures (packaged commodities) rules, 1977 (hereinafter referred to .....
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ770
..... to the post of teachers in private aided colleges is governed by the provisions of the university act and statutes and the university laws (amendment) act does not provide that for filling up of vacancies in existing sanctioned posts government sanction is necessary, but sanction is required only ..... deals with powers of the syndicate. syndicate has been conferred with the power to approve appointment of teachers in private colleges. chapter viii of the kerala university act deals with private colleges and affiliation of colleges. section 52 deals with governing body for private college under unitary management. governing body consists of persons nominated ..... payment agreement entered into between aided colleges and the state government. for the disposal of these cases we shall refer to the provisions of the kerala university act, statutes and ordinances.2. a learned single judge in w.p.c. no. 12109 of 2006 took the view that filling up of the vacancies .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker101
..... law of arbitration, as i understand, does not nurse any dogma to say that it can never do so under any circumstances because of some fancied universal doctrine of legal merger of the arbitration agreement in the award.....this is however very far from saying that the same point can be decided over and ..... courts shall bear in mind in exercising jurisdiction to interfere with arbitration proceedings. the decisions of the supreme court reported in hyderabad municipal corporation v. m. krishnaswamy, air 1985 sc 607, tarapore and co. v. cochin shipyard ltd., air 1984 sc 1072, c. d. padu thozhilalar sangham v. bala-subramanya foundry, air 1987 sc ..... will operate as res judicata in subsequent proceeding between the parties either in court or before the arbitrators unless the arbitrators in making the said award had acted without jurisdiction.'we have no hesitation, therefore, in holding that the principles of res judicata, including constructive res judicata, apply as much to arbitral poceedings, .....
Tag this Judgment!Court : Kerala
Reported in : AIR2002Ker290
..... the filing of the writ petition.9. the petitioners submit that the proceedings as are envisaged under section 24 of the standards of weights and measurements (enforcement) act, 1985 (hereinafter referred to as enforcement act) and the rules framed thereunder have application only if such weight or measure is being, or is intended or likely to be used in any transaction or for ..... at the loading gantries, in its irimbanam installation, are not required to be calibrated under the standards of weights and measures (enforcement) act, 1985 and the rules thereunder. the impact of the standards of weights and measurements act, 1976, enforcement act, 1985 and rules framed thereunder comes to be decided in these set of writ petitions. i may deal with the issue of storage tanks .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker20; (1997)IILLJ1150Ker
..... without break besides pension and other reliefs. the respondents are also directed to pay to the petitioner dearness relief at rs. 600/- per memsem from 1-11-1985 to 31-12-1988 deducting the amount already paid for the above period. the above amounts will also carry interest at the rate of 12% per annum from ..... date october 1, 1974 continues to be relevant as being one from which the liberalised pension became operation under the high court judges (conditions of service) (amendment) act 1976, irrespective of the date of retirement and hence there is no question of payment of arrears of pension for the period, preceding october 1, 1974................' for the ..... it is declared that the judges (including the chief justices) of the high court are entitled to pension as computed under the high court judges (conditions of service) act, 1954 (as amended) irrespective of the date of retirement. the date october 1, 1974, continues to be relevant asbeing one from which the liberalised pension became .....
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