Court : Kerala
..... accusation of the petitioners as regards valuation hinged on the 'hawk dove' theory is unfounded. 17. section 44 of the kerala university of health sciences act, 2010 ['kuhs act' for short] prescribes that the academic council may make the kuhs regulations in the manner prescribed by statutes providing for the conduct of examinations as well. ..... the mci with the previous sanction of the central government, in regard to any of the matters referred to in section 33 of the indian medical council act, 1956, will have statutory force and are mandatory. universities must necessarily be guided by the mci regulations. any regulations made by the universities which are inconsistent ..... agree with it or forward the same to the central government for a decision in case of any disagreement. the relevant part of section 20 of the act is as follows:- 20. post-graduate medical education committee for assisting council in matters relating to post-graduate medical education.- (1) the council may prescribe .....
Tag this Judgment!Court : Kerala
..... which did not have stringent standards of excellence. considering as a matter of policy that the appointment of lecturers/assistant professors in all institutions governed by the ugc act (which are institutions all over the country), the need was felt to have in addition a national entrance test as a minimum eligibility condition being an additional ..... is given the power to give directions on questions of policy relating to national purposes which shall guide the commission in the discharge of its functions under the act. it is clear, therefore, that both the directions of 12-11-2008 and 30-3-2010 are directions made pertaining to questions of policy relating to national ..... the position has acquired further clarity in so far as by ext.p2 judgment, a full bench of this court has held that, irrespective of whether the university acts, enacted under entry 25 of list iii or the statutes and ordinances framed there under, were amended in line with the ugc regulations or not, the universities .....
Tag this Judgment!Court : Kerala
..... whether eucalyptus would fall within the trees referred in the kerala preservation of trees act since it is an exempted tree under the kerala promotion of tree growth in non-forest areas (amendment) act, 2007. the kerala preservation of trees act defines 'trees' which do not include eucalyptus, see section 2(e) of the act. the kerala promotion of tree growth in non-forest areas (amendment) act, 2007 defines trees, under section 2(g) as ..... "tree" means any woody plant, whether fruit bearing .....
Tag this Judgment!Court : Kerala
..... advocate commissioner to take possession of the above referred vehicle from the possession of the respondents and place the vehicle in the yard of the claimant for preservation, maintenance and safe custody of the vehicle until further orders. commission batta is fixed as rs.1000/-. i also direct the station house officer, concerned ..... the arbitral tribunal. the constitution of the arbitral tribunal is referable to a contract. the jurisdiction, therefore, is based on a contract. the arbitration and conciliation act, 1996 is enacted essentially for the recognition of the award and its enforcement. 4. the jurisdiction of this court invoking power of article 226 of the ..... question of law in all these writ petitions is regarding enforcement of the interim order issued under section 17 of the arbitration and conciliation act, 1996 (act 26 of 1996) as amended by the act 3 of 2016, by the arbitral tribunal. 2. the writ petitioners have availed vehicle loans from finance companies, which have been .....
Tag this Judgment!Court : Kerala
..... case are as follows: the writ petitioner was a member of the mattancherry mahajanik co-operative urban bank limited, a co-operative society registered under the kerala co-operative societies act. the committee of the society took a decision to fill up the post of general manager by direct recruitment and ext.p1 notification was published in mathrubhumi daily on 30 ..... category, only then it should be filled up by promotion. had the legislature intended any such interpretation, the same could have been expressly mentioned. however, from under the general clauses act, the use of a word in plural sense can be read as singular and vice versa. we, thus, are not persuaded to accept the submission of the learned counsel for .....
Tag this Judgment!Court : Kerala
..... boundaries of the area cultivated with plantation crops, is necessary for the protection and efficient management of such cultivation; or (c) the land is necessary for the preservation of an existing plantation, then such person shall apply to the land board for restoration of possession of such land forming part of sec.3(1) lands, ..... plantation crops, is necessary for the protection and efficient management of such cultivation; or c) is necessary for the preservation of an existing plantation, he may, within sixty days from the date of publication of this act in the gazette, apply to the land board for the restoration of possession of such land. (2) an application ..... government refuse their request to grant exemption to that block of land from the provisions of the said act under section 81(3)(a) thereof on account of the special use to which such land is put, namely, wildlife preservation. 4. the government are satisfied that large extent of agricultural lands in the kannan devan hills .....
Tag this Judgment!Court : Kerala
..... in the third proviso to section 28. according to him, initially the government, exercising its powers under section 101 of the kerala co-operative societies act ( the act ), exempted those societies from the requirement of having the division of wards for conducting the election. at any rate, the said exemption could last only ..... faced by the societies, especially in the absence of the necessary guidelines for the division of wards, the government, invoking its power under section 101 of the act, exempted the societies up to 31.12.2014, through ext.p4 government order, from the mandatory requirement of having the elections held on a ward basis. ..... learned special government pleader, has submitted that the petitioner s entire plea is fallacious and unsustainable. he has initially drawn my attention to section 28 of the act, especially the third proviso thereof, to hammer home his contention that the elections are required to be held on a ward basis concerning the societies mentioned .....
Tag this Judgment!Court : Kerala
..... with him, we cannot concede that this court is bound to follow it. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation of ..... by the board (hereinafter "the regulations" for short), framed in exercise of the powers conferred by section 24 of the assam secondary education act, 1961 (hereinafter "the act" for short) and submitted that an application moved beyond three years from the date of issuance of certificate by the board was not liable to ..... additionally, the applicant must make a demand which is clear, plain and unambiguous. it must be made to an officer having the requisite authority to perform the act demanded. furthermore, the authority against whom mandamus is issued, should have rejected the demand earlier. therefore, a demand and its subsequent refusal, either by words, .....
Tag this Judgment!Court : Kerala
..... . secularism and equality being two of the basic features of the constitution, article 30(1) ensures protection to the linguistic and religious minorities, thereby preserving the secularism of the country. furthermore, the principles of equality must necessarily apply to the enjoyment of such rights. no law can be framed that ..... of that period. 27. from the above, it is quite obvious that definition of the term workman/employee under the. industrial disputes act, minimum wages act, payment of gratuity act (unamended) more or less refers to the particular nature/specified category of skilled, unskilled, manual etc. where there is a reference to ..... amendment would throw some light on the background, which hence is extracted below: prefatory note - statement of objects and reasons - the payment of gratuity act 1972 provides for payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishment and for matters connected .....
Tag this Judgment!Court : Kerala
..... the appropriate government abolishing contract labour altogether, in certain notified processes, operation or other works in any establishment; simultaneously making it clear that neither the act nor the rules framed by the central government or by any appropriate government provide that, upon abolition of contract labour, the labourer would be directly ..... such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract labour under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will ..... the third respondent herein (second respondent in the writ petition) to conciliate the industrial dispute raised in ext.p3 in accordance with the industrial disputes act. 5. the 3rd and 4th respondents in the writ petition (appellant and third respondent herein) filed separate counter affidavits, which are complementary to each .....
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