Court : Kerala
Reported in : AIR1959Ker12
..... in number, went away in disgust without casting their votes because of this. they were all voters who had come to vote for the petitioner. the presiding officer assured the petitioner's agents, that to make up for the rime lost, the poll will close only at about 6 p.m. and not at 4-30 p.m. ..... (p. w. 11) mentioned in paragraph 9 above were minors on the relevant date,13. the electoral rolls are prepared in accordance with the representation of the people act (preparation of electoral rolls) rules, 1956. those rules contain detailed provisions to ensure the correctness of the rules and the only evidence adduced to displace the presumption in ..... election.'part iii of the representation of the peopleact, 1950, consisting of sections 14 - 24, deals withthe electoral rolls for assembly and electoral college constituencies. section 19 of the act reads asfollows : 'subject to the foregoing provisions of this part, every person who, on the qualifying date--(a) is not less than 21 years of age, and (b .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker58
..... to this:'the question whether delegation of legislative power by the constitution is permitted, is not answered by the argument, that it should be assumed, that the president ha 5 acted, and will act for what he believes to be the public good. the point is not one of motives, but of constitutional authority, for which the best of motives ..... , sub-section (2), the scope of which the court had to examine, was as follows:'the state government may, after giving by notification not less than one month's notice of its intention so to do, by a notification after the expiry of the period of notice mentioned in the first notification, amend either schedule, and thereupon such ..... what may be called luxury goods, such as silks, motor vehicles etc., in part i, bullion and specie in part ii, and sch. ii comprising non-luxury good's or essential articles such as food grains, cotton cloth etc. on the principles already discussed, an alteration in the classification of goods, or even in the rates within the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker210
..... ).'it follows that abridgment of property which does not bring about deprivation would not justify thecomplaint of the right under article 31(2) havingbeen infringed. the act has not abolished jenmi's right to receive renewal fee, but has abridged the right and therefore no deprivation has occurred to attract article 31(2). it follows that the landlords' ..... of kerala, had till then been paying larger renewal fees, can hardly be discriminatory, nor can it be called arbitrary. the petitioner's learned counsel has, however, urged that on the day the act was passed, the malabar district funned no part of the travancore-cochin state, and the reduction of the benefits of the jenmies in ..... of the renewal fees in annual instalments at the rate of seven per cent of the aggregate value or amount of one year's michaveram or of the renewal fees payable under the cochin tenancy act, xv of 1113, whichever is less, or in annual instalments proportionately lower in percentage when renewal on the expiry of any .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker160
..... is also pointed out that the term of office of a committee constituted under the act may expire at a time when there is no council of ministers functioning in the state as it is not uncommon and there were occasions when the state was under president's rule. the supreme court in commr. h.r.e. v. l. t. swamiar, ..... devaswom such salary and allowances as the government may, with the concurrence of the committee, fix in that behalf. the devaswom is required to contribute towards leave allowances, pension and provident fund of the administrator to the extent required by the rules for the time being in force. the government is required to withdraw the administrator from office if ..... sub-section (1) of section 4 are, to be effected by the hindus among the council of ministers. a similar provision in the travancore-cochin hindu religious institutions act (t.c. act 15/1950) was held valid by a full bench of the travancore-cochin high court in nambooripad v. c. d. board air 1956 trav-co. 19. the full .....
Tag this Judgment!Court : Kerala
Reported in : (1968)IILLJ233Ker
..... the power in bad faith in either case the courts can be moved, for we do not think that article 359 or the president's order were intended to condone an illegitimate enforcement of the defence of india act'.30. the decisions cited above do not lay down a proposition different from the one which i have stated above. in my opinion ..... operate to affect to the disadvantage of any person holding a substantive post under government to whom these rules apply, the conditions of service in respect of pay, leave, allowances, pension or any other matter, which are applicable to him- (a) on the date these rules came into force or (b) by virtue of any order or rule made ..... post inferior to the post of district judge' it would rover every condition of service, not merely the age of superannuation but also things like travelling allowance, leave salary pension, and the like, so that the regulation of every condition of service of a member of the judicial service of a state would be vested in the high court .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... of evidence cannot be questioned, the matter falling, as it does, within entry 12 of the concurrent list, and the act having secured the assent of the president must prevail over the provisions of the indian evidence act. the reason why such a rule was enacted and why it was confined to the taluks of hosdrug and kasaragod is explained ..... 1953 sc 252 and in r. m. d. c. v. union of india, air 1957 sc 628 or, as was done in in re hindu women's rights to property act, air 1941 fc 72 by adopting the device of construing the apparently wide language of the statute in a restricted sense so as to keep it within bounds. ..... when hisownership itself must in the interests of social justice be compulsorily transferred to others, or what principles o justice should govern the assessment of compensation when a person's property is acquired, or what happens if individual justice demands more compensation than available resources can bear, yet social justice demands that ownership be shifted anyhow. 101. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker287
..... of protection and management of forests in the presidency of madras. there was also another central act, namely the indian forest act, 1927 (central act 16 of 1927). but this latter central act had no application to the madras area, inasmuch as the madras state had already a special act, namely the madras forest act, 1882 (act v of 1832). there is no controversy ..... of such wild animals 'ferae naturae', have been discussed in various text books, as well as in certain decisions, to which i will have to refer immediately. in halsbury's laws of england, iii edn., vol. 1, the learned author discusses at page 655 'property in animals'. at page 656, paragraph 1252, it is stated that'there ..... adopted by owners of forest lands; and the process of extraction of timber and removal of timber from the forests is also adopted as incidental to the petitioner's business as a dealer in timber -- which business again isibeing carried on by him for a number of years. the petitioner claims that as owner of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1978Ker126; [1978(36)FLR400]; (1978)IILLJ299Ker
..... out of bounds to the registrar of co-operative societies.' this, the learned chief justice said in relation to the question whether wages, promotions, gratuity and pension, medical aid, recruitment and probation and retirement which were referred to an industrial tribunal, were matters which fell within the purview of the registrar under section 51 ..... provided by chapter xiii is an alternative to the normal processes of the ordinary courts and not to the extraordinary process of adjudication under the industrial disputes act. 1947, which has been designed to deal with controversies which by their very nature are outside the purview of ordinary litigation.with great respect, we ..... placed on the words touching the business of a registered society' occurring in section 60 (1) of the travancore-cochin co-operative societies act, 1951, and various decisions bearing on those words--like m. s. madhava rao v. d.v.k. surya rao (air 1954 mad 103) (fb)--were brought to our notice. it is unnecessary .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker156
..... before further trial in view of the mandatory provision contained in section 86(1) of the act. to appreciate the respective cases of the contesting parties it is necessary to read paragraph 7 of the petition: 'one shri p. c. varghese, president of the chengannoor panchayat filed nomination to contest as a candidate in the election from the ..... proposition laid down in that decision has been considered by the supreme court in krishan chander v. ram lal, (air 1973 sc 2513). no doubt, in krishan chander's case the illegal gratification for withdrawal was payment of money. when mohan singh v. bhanwarlal was cited the supreme court observed as follows: -- 'the case of mohan singh ..... petition. from the statements contained in paragraph 7 extracted above what one would naturally and normally gather is that there was a definite offer at the first respondent's instance to appoint shri p. c. varghese as a member of the advisory board of the kerala state road transport coropartion or as a member of the .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLJ957
..... commission.15. in the further statement filed on 26.3.2008, it is pointed out that in exercise of the powers under section 10a(1) of the act, the president of india has by order published in the gazette of india deferred the delimitation exercise in the states of assam, arunachal pradesh, nagaland and manipur. annexure ..... , after explaining the decision in state of u.p. v. pradhan singh khesttra samiti : (1995) suppl. (2) scc 305 and after relying upon meghraj kothari's case (supra), held thus in para. 25:in the present case, the commission finally determined the delimitation of parliamentary constituencies in the state of madhya pradesh after considering all ..... constitution. hence the inherent power of the delimitation commission has to be conceded in such circumstances.24. it is true that the division bench in sunny joseph's case 2005 (4) klt 599 upheld the notification ext.p3 with regard to kannur assembly constituency. but that will not deprive the delimitation commission any power to .....
Tag this Judgment!