Court : Kerala
..... to take disciplinary action against the respondent. there was no subsequent delegation either. therefore, neither the action taken by the vice-chancellor, nor the ratification by the executive council could be sustained." relying on these principles, counsel contended that since the order of the high court is a void one, the action taken there under could not have ..... in brij mohan singh chopra was not correct. the high court could not have set aside the order merely on the ground that service record pertaining to the period 1978-1990 being old and stale could not be taken into consideration at all. as per the law laid down in the aforesaid judgments, it is clear that entire ..... 1989) 3 scc132, where it is held thus;"5. by this resolution, we are told that the executive council has ratified the action taken by the vice- chancellor. ratification is generally an act of principal with regard to a contract or an act done by his agent. in friedman's law of agency (5th edn.) chapter 5 at p. 73, the .....
Tag this Judgment!Court : Kerala
..... as a result, judicial review largely obscures any substantial recognition of the traditional judicial duty. (p.101, law and judicial duty by philip hamburger, harvard university press, 2008).59. if indeed the law was doubtful or latitudinal, admitting one interpretation, which would be just, and another which would be unjust, it would become ..... 1971, the general assembly asked the secretary-general to prepare a comprehensive report on the elderly and to suggest guideline for the national and international action. in 1978, it was decided to hold a world conference on ageing. accordingly, the world assembly on ageing was held in vienna from july 26 to august 6 ..... delegate functions, and the authentication of orders and other instruments by the board. sections 14 to 17-a of the act deal with the internal management of the corporation and appointment of advisory council, apart from the establishment of subsidiary corporation. section 18 speaks of the general duty of the corporation. section 19 of .....
Tag this Judgment!Court : Kerala
..... /ad dated 16th february, 1978, published in the kerala gazette 24 dated 13th june, 1978 as sro no.542/78), government of kerala has authorised the chief wildlife warden, wildlife warden and a forest officer of rank not inferior to that of a ranger, to make complaints under sec. 55 of the act.8. the first issue that ..... that the accused persons herein were found in possession of snake venom in contravention of the provisions of section 44(1)(c) of the wild life (protection) act................".14. pw-10 in cross-examination has admitted that snake venom contain proteins and enzymes and that if artificial combination of proteins and enzymes are compared with ..... , this court in rajamma's case, mohanan's case, and ravi's case cited supra conclusively held that though there is no mandatory provision in the abkari act (involving similar offence as in the instant case) mandating production of the seized articles forthwith before the court, still the prosecution is legally bound to produce the .....
Tag this Judgment!Court : Kerala
..... in article 30(1-a) as well as in the second proviso to article 31-a(1) for achieving specific objectives. the constitution (forty-fourth amendment) act, 1978 while omitting article 31 brought in a substantive provision clause (1-a) to article 30. resultantly, though no individual or even educational institution belonging to majority community ..... of the state submitted a note that the draft of the kerala forest (vesting and management of ecologically fragile lands) ordinance, 2000, as approved by the council of ministers requires instructions from the president vide articles 31a and 254(2) of the constitution. opinion of the advocate general was obtained, who gave a detailed ..... non-negotiable minimum of nexus between the purpose of the acquisition and article 39(b). article 39(c) was feebly mentioned but article 39(b) was forcefully pressed by the appellant. better read article 39(b) before discussing its full import:"9. (b) certain principles of policy to be followed by the state-- the .....
Tag this Judgment!Court : Kerala
..... removes the newspaper 19 page 20 employers vis-`-vis working journalists from the general operation of the industrial disputes act, 1947 and act 1 of 1955. *** *** *** 212. we have already set out what the press commission had to say in regard to the position of the working journalists in our country. a further passage ..... they were withdrawing from the wage board as desired by the organizations. the government made several efforts to resolve the dead lock. on 28.08.1978, writ petitions were filed by the indian and eastern newspaper society and others in the high court at bombay challenging the constitution of the wage boards ..... be borne in mind in framing any scheme for improvement of the conditions of working journalists." (para 512).213. these were the considerations which weighed with the press commission in recommending the working journalists for special treatment as compared with the other employees of newspaper establishments in the matter of amelioration of their conditions of service .....
Tag this Judgment!Court : Kerala
..... hindu law. in paragraph 10 the principles have also been discussed and their lordships have relied upon the important judgment of the privy council in approvier v. rama subha aiyan {(1866-67) 11 mia75. we extract hereunder the entire paragraph for easy reference: "10. ..... settlement in malabar. although it was urged in appeal that they do not follow hindu law, the contention was ultimately not seriously pressed upon us. as the question is, however, one of general importance, and as the decision of several other issues in this ..... d.w.1and exts.a1 to a3 and b1.7. the court below, on an interpretation of the provisions of kerala nambudiri act (act 27 of 1958) found in favour of the plaintiff. in substance, it was found that when the partition was effected in ..... as an assignment deed by the plaintiff's father along with the plaintiff and the appellants. the same is dated 11.9.1978. this is relied upon by the learned senior counsel for the appellants to show that the property was being held as joint .....
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..... ; import permitted without a licence in accordance with the provisions of the manufacture, storage and import hazardous chemicals rules, 1986 (made under the environment(protection) act, 1986). besides other conditions mentioned in the rules, the importer shall, before 30 days but not later than the date of import, furnish the details ..... issued by chief factories inspector showing the chemical as input) :7. quantity of the chemical(classified as insecticides as per the schedule to the insecticides act 1968). imported and consumed durign the last five years (certified by excise authority ) :8. quantity recommended for imported by the nodal ministry (enclose recommendation ..... be used as insecticides. in this case, as already noticed, for import of insecticides for non insecticidal purposes the authority under the foreign trade act has declared that freedom is attached to import of insecticides (whether it is for insecticidal purposes or for non insecticides purposes). as far as insecticides .....
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..... that time, dharmarajan locked the room from inside and forcibly put her on a cot. though the victim girl wept and sought for mercy, dharmarajan threatened her to death after pressing on her throat. he stated that he was an advocate and that he could tackle any case and escape. dharmarajan also threatened the victim girl that her parents would be ..... that the most important ingredient of the offence of conspiracy is the agreement between two or more crl.a. no. 877 of2002::75. :: persons to do an illegal act. the illegal act may or may not be done in pursuance of agreement, but the very agreement is an offence and is punishable.63. it is relevant to note that the victim ..... of chapter v-a in the indian penal code. criminal conspiracy postulates an agreement between two or more persons to do, or cause to be done, an illegal act or an act which is not illegal, by illegal means. it differs from other offences in that mere agreement is made an offence even if no step is taken to carry out .....
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..... reached'; (iii) whether public interest is affected. these principles were followed in tejas constructions and infrastructure private limited v. municipal council, sendhwa and another: (2012) 6 scc464and michigan rubber (india) limited v. state of karnataka and others : (2012 ..... submission of offers. a minimum time of 21 days, 30 days and 45 days should be given for limited, press and global tenders respectively. time should be counted from the date of publication of tender notice." 17. ext.p4 ..... royappa v. state of tamil nadu, (1974) 2 scr348: (air1974sc555 and maneka gandhi v. union of india, (1978) 1 scc248: (air1978sc597 that article 14 strikes at arbitrariness in state action and ensures fairness and equality of treatment. ..... has dismantled licence raj. the economic reforms introduced after 1992 have brought in the concept of "globalisation". decisions or acts which result in unequal and discriminatory treatment, would violate the doctrine of "level playing field" embodied in article 19( .....
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..... ordinary earth" also as a "minor mineral", in view of the manner of interpretation sought to be adopted by the apex court in banarasi dass chadha's case (1978 (4) scc11 and as explained in the subsequent decision in som datt builders' case (2010 (1) scc311, this court holds that, 'weathered rock/weathered sand' ..... which includes river sand, beach sand, sand mined from back waters and sand mined from land (palaeo channels, paddy fields and flood plains). but since separate 'act' and rules have been framed in respect of river sand, its mining and regulation, are being treated separately, though it belongs to the family of 'ordinary ..... the quantity and that the respondents (writ petitioners) were free to transport 'weathered sand' manufactured by them on the strength of documents prescribed under the kvat act/rules.7. admittedly, since the police/revenue authorities were still interfering with the manufacture/sale of 'weathered sand'/'weathered rock' and its transportation, another aggrieved .....
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