Court : Kerala
Reported in : AIR1995Ker291
..... can only do so by filing a regular suit for eviction. they cannot invoke section 66 of the forest act.8. the learned advocate general, sri. s. narayanan poti, appearing for the respondents contends that this is not the same property that was put to auction ..... made in exercise of the executive power of the union or of a state shall be expressed to be made by the president, or by the governor of the state, as the case may be, and all such contracts and all assurances of property ..... made in the exercise of that power shall be executed on behalf of the president or the governor by such persons and in such manner as he may direct or authorise. as the contract of lease is ..... to her, they are persons in possession without valid permission. they are encroachers and squaters. section 66 of the kerala forest act empowers every forest officer and police officer to prevent and interfere with for the purpose of preventing commission of various offences and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker146
..... kerala abkari laws (amendment and validation) ordinance 2 of 1964 was passed. this was followed by the kerala abkari laws (amendment and validation) act, 1964 (president's act 1 of 1964), which came into force on 12-10-1964. these enactments apart from validating the notification s.r.o. 323/63 and the collections made thereunder, amended the provisions of the cochin abkari ..... act, 1077. it is enough for our purposes to note that sections 18 (2) and (3) and 18a were introduced. section 18 (2) ..... would violate article 19(1)(g) or article 301 of the constitution. 8. we shall now extract sections 18 and 18-a of the abkari act, 1 of 1077 and rule 13 (1) introduced by s. r. o. 70/70 dated 18-2-1970 which, are challenged in the petitions.'18. how duty may be imposed: (1) such duty .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker360
..... entry 24 of list iii which deals with 'welfare of labour including conditions of work, provident funds, employer's liability, workmen's compensation, invalidity and old age pensions and maternity benefits.'kerala fishermen's welfare fund act, 1985 is also an act which provide for constitution of welfare fund for promoting the welfare of the fishermen in the state of kerala ..... explained that in so far as the president's assent to the legislation will deprive the citizen of their fundamental right under arts. 14 and 19, specific assent of the president ought to have been obtained and in so far as the same has not been secured ..... in general terms so as to be effective for all purposes,different considerations may legitimately arise. but if, as in the instant case, the assent of the president is sought to the law for a specific purpose, the efficacy of the assent would be limited to that purpose and cannot be extended beyond it.'counsel .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker318
..... objections itself :(1) petitioner was holding an executive post of the panchayat--'as per records seen resigned from 18-8-95'.(2) had been acting as president after election notification--'no. proof'.(3) he has dual membership as voter--'removed from panchayat roll.'(4) he is disqualified under section 86 of the kerala ..... 1)(a) can be invoked if the candidate is not having the qualification under section 85 or suffers from disqualification under section 90 of the act.24. the entry of the candidate's name in ward no. 13 of (kannamola ward) thiruvanan-thapuram municipal corporation is not in dispute. the contention is that since he had ..... the election before the election court/ principal munsiff unsuccessfully. on appeal before the additional district judge, the order of the election court was reversed and petitioner's election was set aside. the appellate court also declared that the 1st respondent is the returned candidate. the revision is against this order.3. the allegations in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker56
..... clause (1), read with clause (3), in substance provides that where the state legislation requires the assent of the president it shall not be valid without such assent of the president, and without the president's previous instructions to the governor, the proviso to sub-clause (3) of the article contains a further provision that an ..... ordinance promulgated in pursuance of the instructions of the president shall be deemed to be an act of the legislature of the state ..... which has been reserved for consideration of the president and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker202
..... conflict with article 31(2) of the constitution, and therefore a void or bad act cannot be extended by bombay act 2 of 1950 and that as the amending act 2 of 1950 or act 39 of 1950 had not received the assent of the president, they were of no legal consequence.64. these contentions were negatived by the supreme ..... air 1962 sc 1406), their lordships had to consider the attack based upon articles 301 and 304 of the constitution on therajasthan motor vehicles taxation act, 1951 (rajasthan act xi of 1951).97. mr. justice s. k. das delivering the majority judgment has, if i may say so with great respect, after a very elaborate consideration of these matters, ..... judge of the calcutta high court whose decision is reported in air 1962 cal 269, has misunderstood the scope of the decision of the supreme court in (s) air 1957 sc 521, because the learned judge has proceeded on the assumption that the supreme court has held that notwithstanding substantialamendments incorporated by a statute nevertheless .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker307
..... and 1988 were introduced in the legislature without the previous sanction of the president, nor did, they receive the president's assent. there is a total lack of legislative competence in enacting this three acts. though the preamble of the act indicates that the act is to provide for trade in raw cashewnuts by the state to the exclusion of all others, thus trying to create ..... dispatch of tea. he referred to a bill which was sent for the president's assent, and the president not having given his assent to the bill. in such a background, the west bengal rural employment and production act, 1976 was passed for raising additional resources. under the guise of this act a rural employment cess was levied. under section 4(2) the rural employment .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker120; [1978(37)FLR59]
..... law or in any contract or other document, the conditions of service of teachers of private colleges, whether appointed before or after the commencement of this act, including conditions relating to pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the statutes. (2) no teacher of a ..... medium of an enquiry officer, what it cannot do directly, itself. the learned judge held that having regard to section 60 of the kerala university act, 1974, the management's action in appointing the enquiry officer was legal and valid and not open to challenge, and dismissed the writ petition. 2. we may extract section ..... . this was challenged and the order was quashed by learned judge. one of the appeals was against the said order. after the quashing of the management's action aforementioned, the principal demanded arrears of salary from 1st october 1958, the devaswom board then issued a notice asking the principal to substantiate the allegations made .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... .k.k. venugopal, on behalf of some of the petitioners, that there are many social welfare legislations like factories act, plantation labour act, shops and commercial establishments act, e.s.i. act, maternity benefits act, workmen's compensation act, etc. looking after the welfare of workers and providing for their health, recuperation and physical and mental well-being ..... to the subject committee, which also studied the matter and submitted a report and the bill was passed after due deliberation and the assent of the president was also obtained under article 254(2). on behalf of the petitioners, it was argued that the number of paid national and festival holidays in ..... made by the legislature of the state, provisions of the article shall not apply thereto, unless such law, having been reserved for the consideration of the president, has received his assent.4. validity of this article was challenged in the decision in his holiness kesavananda bharati sripadagalvaru and ors. v. state of kerala .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker20
..... these notes were seen to have been returned to the secretariat somewhere about the 6th december 1979 and by that time the council of ministers had resigned, the president's rule had been notified, and the governor had taken over the administration. it is mentioned therein that thereafter no notification was issued actually nominating the petitioners to be ..... the writ petition by sri lakshmanan vaidyan that by virtue of the power conferred under section 4 of the travancore-cochin hindu religious institutions act, 1950, (act 15 of 1950) (the act) as amended by' act 20 of 1974, three hindu ministers out of six ministers who constituted the council of ministers of the state of kerafa had nominated him ..... reached the special secretary to board of revenue promptly on 28-11-1979, and the publication took place on 1-12-1979, in the case of the pensioners the relevant papers reached the office of the chief secretary only on 6-12-1979. the delay in the transmission, according to the petitioners, of the .....
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