Court : Kerala
Reported in : 2007(2)KLJ644
..... the court should avoid expressing one way or the other an contentious issues, except in cases such as those falling within section 37 of the narcotic drugs and psychotropic substances act, 1985.(emphasis supplied)again in state of m.p. v. s.b. johari air 2000 sc 666, the supreme court observed as follows:from the reasons recorded by the ..... made out. the test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. where the materials placed before the court disclose a grave suspicion and not some suspicion against the accused and which has not been properly explained the court ..... court will be fully justified in framing a charge and processing to trial. the test to determine a prima facie it is difficult to lay down a rule of universal application. however, if two views are equally possible and the judge is satisfied that the evidence produced before him only gives rise to some suspicion but not grave .....
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Reported in : 2007(2)KLJ738
..... was appointed in the vacancy of chemistry lecturer in disregard to a preferential claim over the post. it is stated to be against section 65 of kannur university act and illegal. petitioner seeks a direction to the first respondent to grant the petitioner reappointment as lecturer in the department of chemistry in payyannur college against the ..... ) would show that the petitioner was a substitute teacher and petitioner would not lose the right with that nomenclature. petitioner's right is protected under the kannur university act. it is stated that petitioner's selection process was as per norms and 28 persons have appeared for the process and 9 persons have turned up for the ..... did not really possess a right of reappointment. in fact a new section was substituted in place of the provisions contained in section 57(6) of the calicut university act. sub-section (6) of section 57 actually was substituted in place of the earlier provisions. the right given under clause (b) of sub- section (6) .....
Tag this Judgment!Court : Kerala
Reported in : 2006(1)KLT411
..... continue till his successor is nominated, by virtue of the second proviso to section 24(1) of the kannur university act.2. the 2nd respondent university has filed a counter affidavit, supporting the impugned order. though, initially, by ext.p6, it supported the case of the petitioner, now, in this writ petition ..... that sri. m.a.h. khan ceased to be a member of the syndicate with effect from 30.6.2003 vide first proviso to section 24(1) of kannur university act.this writ petition is filed, challenging ext.p8. according to the petitioner, though his term expired on 30.06.2003, as per the first proviso, he can ..... was nominated to the syndicate, as the principal of a college, affiliated to the university, by ext.p2 order dated 10.06.2002. the said nomination was made under the kannur university amendment act, 2001, which is produced as ext.pl. section 23 of the kannur university act, as amended by ext. p1, deals with the constitution of the syndicate. the .....
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Reported in : 2005(4)KLT39
..... as follows:--(14) 'intoxicating drug means any intoxicating substance other than a narcotic drug or psychotropic substance regulated by the narcotic drugs and psychotropic substances act, 1985 (central act, 61 of 1985), which the government may by notification declare to be an intoxicating drug'.whether any of the forms of ganja or any part of the cannabis ..... intoxicating liquor and drugs that was in force when the narcotic drugs and psychotropic substances act, 1985 ('the n.d.p.s. act' for short) came into force in the whole of india on 14.11.1985. section 55(a) of the abkari act inter alia makes possession of an 'intoxicating drug' punishable. at the relevant time the ..... .1989 has been specified as the date from which the prohibition regarding the possession of ganja shall take effect. thus, even though the ndps act came into 'force from 14.11.1985, the prohibition thereunder against the possession of ganja came into force only with effect from 13.12.1989 after which date alone a person .....
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Reported in : 1991(51)ELT34(Ker)
..... aforesaid, what should be done by the court of session and how the court of session should proceed further in the case?'.5. the narcotic drugs and psychotropic substances act, 1985 (hereinafter called the act) is an enactment to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs ..... arose on a complaint filed by the superintendent of special customs preventive unit, cannanore against one a. moidu of azhiyoor under section 17 of the narcotic drugs and psychotropic substances act, 1985 on the allegation that he was found in unauthorised possession of 7.600 kgs., of opium for sale on 26-1-1989 at 12.30 hrs. the accused was apprehended .....
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Reported in : 2008(3)KLJ774
..... situation in this case is also clearly covered by statutory provisions. once a declaration is issued under section 4 of the kerala provisional collection of revenues tax act, 1985 the declared provisions of the finance bill will be effective from the first day of april. by virtue of declaration so issued along with the finance bill ..... point of last purchase in the state. along with the finance bill declaration was also issued by the government under section 4 of provisional collection of revenue act 1985. consequent upon the declaration published along with the finance bill the provisions of the bill came into force from first april 1998.2. therefore, by virtue ..... was retained, consequently, petitioners became liable for payment of tax on first purchase of coffee within the state for the whole year. even though the finance act was notified on 28.07.98, petitioners neither filed revised monthly returns declaring the first purchase turnover of coffee for three months. april to july, as .....
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Reported in : ILR2010(4)Ker664
..... by the special court under the narcotic drugs and psychotropic substances act, 1985 ("the n.d.p.s. act" for short). while sec. 16 (1) of the n.i.a. act is similar to section 36 a (1) (d) of the n.d.p.s. act empowering the special court to take cognizance of the offences without ..... the aforesaid arguments: - all the offences under the unlawful activities (prevention) act incorporated in this case are punishable with imprisonment for more than 7 years. therefore, those offences are exclusively triable by a court of session by virtue of ..... rights, the learned magistrate had absolutely no jurisdiction to deal with the matter with effect from 12-8-2010 when the offences under the unlawful activities prevention act, 1967, were incorporated. objection of the state prosecutor6. the learned addl. director general of prosecution on the other hand made the following submissions before me countering .....
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Reported in : 1994CriLJ2407
..... charge-sheeted and after trial the sessions court convicted the appellants of the offence under section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act'). both were sentenced to rigorous imprisonment for 11 years and to pay a fine of rs. 1 lakh each. third and fourth accused were acquitted ..... is no merit in the said contention since both central government and state government are empowerd to make rules 'for carrying out the purposes of this act'. unless the act or rules prohibit any person, other than the chemical examiner mentioned therein, to conduct analysis, it is open to the court to send it to ..... the said article is illustrative of the scientific approach treating cannabis as a substance different from cannabis plant or cannabis resin etc. but there are clear indications in the act that the parliament regarded 'cannabis' as the genus of which cannabis (hemp), cannabis plant, cannabis resin, medicinal cannabis etc., are species.9. section 2(iv) .....
Tag this Judgment!Court : Kerala
Reported in : [2007(114)FLR128]; (2008)IILLJ539Ker
..... of which a scheme for rehabilitation has been sanctioned by the board for industrial 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 the scheme.(emphasis supplied)24. clause 32a in employees provident fund scheme ..... 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.(2) any damages recoverable under sub-section (1) may be ..... company in respect of which a claim for rehabilitation has been sanctioned by the bifr under the sick industries companies (special provisions) act, 1985. we are unable to agree. that proviso was introduced in tune with the object and purpose of the sick industries companies (special provisions .....
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Reported in : 2009(1)KLJ820
..... entitled to get affiliation. further, as per the provisions in chapter 23 of the first statutes read with section 23(1) of the calicut university act, the university is bound to grant permanent affiliation and not to follow the system of extending the provisional affiliation granted by it, from time to time. ..... consequential action.9. feeling aggrieved by the judgment of the learned single judge, this writ appeal is filed by the university, mainly, raising the following grounds: the university act or the statutes framed thereunder do not provide that if the application for affiliation of an educational institution is not processed within ..... statute 9. other conditions provided under statute 9 includes an unconditional undertaking from the part of the educational agency/management to the university to carryout faithfully, the provisions of the university act, statutes, from time to time. statute 12 deals with the grant of conditional affiliation. as per that statute, provisional affiliation .....
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