Court : Kerala
Reported in : 2001(2)ALT(Cri)546
..... the novel question that arises for consideration in this case is the scope and ambit of section 50(4) of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act'). if the offender is of the fairer sex, should the search too be conducted by a female officer, who is herself competent to make search ..... or deter the authorised officer in booking the offenders considering the practical difficulties. insistence on impracticable requirements cannot to be read into the specific provision in the act at the stake of stifling prosecutions. the contention that when search is going on the male magistrate, male gazetted officer or male empowered officer should not be ..... supervision of the empowered officer albeit he is a male. i also hold that there is nothing in section 50(4) which show that the female who acts in accordance with the instructions of the empowered officer while making the search herself be empowered under section 42. if such a requirement was contemplated, section 50( .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker274
..... respondent, a counter affidavit has been filed where the department also agreed that the petitioner had applied for a long distance telex communication in the year 1985 from the ernakulam telex exchange to the business premises of the petitioner compamy at kolenchery. ordinarily, telephone or telex communication to the premises falling within the ..... the increase in rent is unreasonable or arbitrary cannot be accepted. the telephone tariff is a subordinate leigslation and a legislative process. under india telegraph act, section 7 empowers the central government to make rules inter alia for the rates and these rules are laid before houses of the parliament and the ..... that the rates are not fair. no one is compelling one to subscribe. second, telephone tariff is subordiante legislation and a legislative process. under indian telegraph act, section 7 empowers the central government to make rules inter alia for rates. these rules are laid before each house of parliament. the rules take effect .....
Tag this Judgment!Court : Kerala
Reported in : 2012(2)KLT133(SN)(C.No.129)
..... a serious misconduct but also an offence. you are required to show cause why disciplinary action as contemplated under section 63 of the mahatma gandhi university act 1985 read with part d, chapter 45 of the mahatma gandhi university statues, 1997, should not be taken against you. you are allowed 15 days from the date of the receipt of this communication, to submit your ..... this petition filed under sub-section (6) of section 63 of themahatma gandhi university act, 1985 (hereinafter referred to as "the university act" for short), the petitioner, who was formerly working as senior grade lecturer in malayalam in the st.alberts college, ernakulam challenges the judgment dated 25.08.2009 passed by the mahatma gandhi university appellate tribunal, thiruvananthapuram (hereinafter referred to as "the tribunal") dismissing .....
Tag this Judgment!Court : Kerala
Reported in : AIR2009Ker100
..... appellant - petitioner relied on the decisions of the honourable apex court reported in dharmendra kumar v. usha kumar : [1978]1scr315 and saroj rani v. sudarshan kumar chadha : [1985]1scr303 . the appellant has also relied on the decision of this court in radhakumari v. dr. k.m.k. nair reported in air 1988 kerala 235. in that decision ..... he had no intention to resume cohabitation. however, it is obvious that before holding the petitioner as disentitled by virtue of section 23(1)(a) of the act, the family court has not discharged the obligation. before observing that the petitioner cannot take advantage of his own wrong, the family court should have considered the ..... 8. a careful consideration of the decisions mentioned above would make it abundantly clear that the efflux of time stipulated under section 13(1a)(ii) of the act-constitutes only satisfaction of the ground for relief and the court can still deny the relief if it is satisfied that the appellant -petitioner is taking advantage of .....
Tag this Judgment!Court : Kerala
Reported in : [2008(118)FLR715]; (2009)ILLJ56Ker
..... which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.' the mandate of section 85-b and the rulings of the ..... conclusion that penalty must be levied in all situations. such an intention on the part of the legislature is not decipherable from section 85-b of the act. when a discretionary jurisdiction has been conferred on a statutory authority to levy penal damages by reason of an enabling provision, the same cannot be construed as ..... imposed only in accordance with the principles applicable for imposing penalty for failure to carry out a statutory obligation and damages cannot be imposed unless the party acted either deliberately or in defiance of law or they were guilty of contumacious or dishonest conduct. it was also held that regulation 31-c of the employees .....
Tag this Judgment!Court : Kerala
Reported in : [2006(111)FLR953]; (2006)2LLJ990Ker
..... scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.(2) any damages recoverable under sub-section (1) ..... as held by the supreme court, in hindustan times ltd. (supra), wherein while interpreting section 14-b of the employees' provident funds and miscellaneous provisions act, 1952, the court relying from organo chemical industries case, (supra), held that power-cut, financial problems, disputes between partners, were not relevant explanations ..... 1992, was such that the existing penal provisions were made more stringent, and further made suitable arrangements for withdrawal of the beneficial provisions of the act applicable to the establishments, if they were found misusing such benefits. the counsel further submitted that under regulation 31-c of the employees' state .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ344
..... and regulations, but also the principles of equity and natural justice.14. we have carefully perused the relevant provisions contained in the kerala university act, kerala university first statutes and kerala university first ordinances 1978 etc. to consider the question whether the resolution of the syndicate to implement ext.r1 (a) order of the government ..... the consideration of the senate. still further, the syndicate is vested with the power to appoint teachers and other employees of the university and prescribe their duties.17. chapter v of the act deals with statutes, ordinances, regulations, rules and bye-laws. while section 34 in chapter v deals with statutes, section 35 ..... . section 41 makes it mandatory that all statutes, ordinances and regulations made under the act shall be published in the gazette,(emphasis supplied).21. it is not necessary to refer to the various statutes in the kerala university first situates 1977 elaborately. but still it may be noticed that statute 6 in part .....
Tag this Judgment!Court : Kerala
Reported in : AIR2009Ker54; 2009(1)KLJ226
..... punishment to students for acts of 'misdeameanour' for the purpose of maintaining discipline in the college and that too only after obtaining ..... order to treat the period of suspension as absence for all academic programmes of the university is arbitrary and illegal. placing heavy reliance on clause 5 in sro. no. 752/74 issued under section 63 of the kerala agricultural university act, 1971 it is contended by the learned counsel that the dean can award only suitable ..... ragging. proving the charge against the appellants under the act is within the domain of the criminal court. the enquiry in question was confined to the action to be taken against the appellants at the institutional level. the university had accepted the report and expelled the appellants from the hostel. they were permitted to continue .....
Tag this Judgment!Court : Kerala
Reported in : 1996CriLJ1031
..... a learned single judge for deciding the question as to whether trial conducted by the sessions court for offence under the narcotic drugs and psychotropic substances act, 1985, for short 'ndps act', is illegal in view of the order of commitment passed by the magistrate under section 193 of the code of criminal procedure, for short ' ..... vitiating the trial or affecting jurisdiction. the argument cannot, therefore, be accepted'.we are in respectful agreement with this observation. if an offence under the ndps act was committed to the court of session by the magistrate, that order of committal may at best be an irregularity. that irregularity will in no circumstance ..... the learned counsel appearing in these appeals that police officers who conducted the search and seizure violated the provisions contained in section 42(1) of the ndps act inasmuch as those officers had not taken down in writing the information gathered by them regarding the cultivation of ganja plants prior to their search of .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ110
..... newly introduced section 57(1), in 2005, the previous sanction of the government was necessary for conversion of the post. section 57(1) of the calicut university act, introduced with effect from 06-01 -2005, reads as follows.57. appointment of teachers in private college:- (1) appointments tot he posts eligible to receive ..... commitment was only for the petitioner and whether the restrictions under section 5(xh). of the calicut university act will apply to the present conversion of the post. (2) whether the university act, statures and ordinances permit the university to convert a part-time post of lecturer having only six hours teaching per week into a full ..... was rejected and only part-time post was allowed to be retained.section 5(xiii) of the calicut university act, 1975, relied on by the government, reads as follows:government, reads as follows:5. powers of the university:- the university shall have the following powers. namely:(i) ...(xiii) with the previous sanction of the government, .....
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