Court : Kerala
..... considering the applications submitted for the purpose of obtaining any licence or permission the time limit is thirty days as per section 447 (6) of the kerala municipality act (`the act' for brevity). the respondent authorities have, however, not taken within the stipulated w.p.(c) no. 18118 of 2015 2 time any decision on the applications made ..... trade cannot be countenanced. the fact remains that foreign liquor very well includes them, as can be seen from section 3 (12) and (13) of the abkari act. as a corollary, the further contention of the learned government pleader that no time limit is fixed concerning other trades is also required to be rejected, and is accordingly ..... has approached this court assailing exhibit p3, apart from seeking a declaration that the noc is deemed to have been granted in terms of section 447(6) of the act.4. mr. t. a. shaji, the learned senior counsel for the petitioner, has submitted that sub-section (6) of section 447 has incorporated the deeming provision .....
Tag this Judgment!Court : Kerala
..... of the affairs of the society, the first respondent issued exhibit p1 show cause notice purportedly under section 32 of the kerala co-operative societies act, 1969 ('the act' for brevity) seeking explanation from the petitioners, the members of the managing committee, why the managing committee comprising them should not be superseded. ..... counsel for the second respondent. according to him, the ousted managing committee has been guilty of gross financial irregularities. the proceedings under section 65 of the act, admittedly, have so far not attained finality; as such, it cannot be conclusively held that the petitioners are guilty of any financial irregularities. if they ..... otherwise, is satisfied that the committee of any society,-- (a) persistently makes default or is negligent in the performance of the duties imposed on it by this act or the rules or bye-laws or does anything which is prejudicial to the interest of the society; or (b) .............. (c) .............. wpc884115 10 (d) .....
Tag this Judgment!Court : Kerala
Reported in : 2004(2)KLT758
..... petitioners, the above only shows that the government is abetting the forced hartals and general strikes by declaring holidays and postponing examinations and government is not acting effectively to prevent forced hartals. in the affidavit dated 20.12.2003 filed by the principal secretary it is stated that several hartals were called after ..... in cases where pursuant to a call for hartal, public property or property belonging to the corporation is damaged or destroyed, from the perpetrators of the acts leading to destruction/damage and those who have issued the call for hartal.'the apex court affirmed the directions except directions (iii) and (iv) regarding cancellations ..... or those comprising it.'the following reliefs were granted in paragraph 18:'....... as we find that organized bodies or associations of registered political parties, by their act of calling and holding bandhs, trample upon the rights of the citizens of the country protected by the constitution, we are of the view that this .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ676
..... willing that his property be destroyed or damaged, there is no offence of assault, theft or criminal damage. consent is a defence only to the extent that the act constituting the alleged offence falls within that which is freely permitted by the other. consent obtained by threats is no consent. whether consent is nullified by fraud depends ..... ), fourth edition, reissue) wherein it is stated as follows:23. consent: in relation to offences against the person or against property it is the general rule that acts are criminal only when they are done without the consent of the person affected or the owner of the property concerned. if a person agrees to physical contact or ..... statement is not a substantive evidence and can be treated only to corroborate the informant under section 157 or contradict the maker under section 145 of the evidence act. it cannot be used against the maker at trial if he himself became an accused. it cannot be used to corroborate or contradict the statement of other .....
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Reported in : 2008CriLJ523
..... willing that his property be destroyed or damaged, there is no offence of assault, theft or criminal damage. consent is a defence only to the extent that the act constituting the alleged offence falls within that which is freely permitted by the other. consent obtained by threats is no consent. whether consent is nullified by fraud depends ..... ), fourth edition, reissue) wherein it is stated as follows:23. consent: in relation to offences against the person or against property it is the general rule that acts are criminal only when they are done without the consent of the person affected or the owner of the property concerned. if a person agrees to physical contact or ..... statement is not a substantive evidence and can be treated only to corroborate the informant under section 157 or contradict the maker under section 145 of the evidence act. it cannot be used against the maker at trial if he himself became an accused. it cannot be used to corroborate or contradict the statement of other .....
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Reported in : 2010(1)KLT435
..... even most solemn proceedings stand vitiated if they are actuated by fraud. fraud is thus an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam. the principle of 'finality of litigation' cannot be stretched to the extent of an absurdity that it can be ..... together (fraus et jus nunquam cohabitant): or fraud and deceit ought to benefit none (fraud et dolus nemini patrocinari debent).26. fraud may be defined as an act of deliberate deception with the design of securing some unfair or undeserved benefit by taking undue advantage of another. in fraud one gains at the loss of another. ..... is obtained by fraud, it cannot be said to be a judgment or order in law. before three centuries, chief justice edward coke proclaimed:fraud avoids all judicial acts, ecclesiastical or temporal.22. it is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the court, tribunal or authority .....
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..... first petitioner, her mother, sister and husband submitted before first respondent. ext.p2 - copy of the application dated0211/11 of first petitioner submitted before3d respondent under the right to information act. ext.p3 - copy of3d respondent's reply dated112/11 given to first petitioner in response to ext.p4 application. ext.p3a - copy of the site plan dated88/11 of3d respondent .....
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..... 3% vacancies earmarked for physically handicapped persons, under section 33 of the persons with disabilities (equal opportunities, protection of right and full participation) act, 1995(act 1 of 1996) forthwith. b) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to fill ..... up all the backlog vacancies under section 36, earmarked for physically handicapped persons under section 33 of act 1 of 1996. c) direct the 1st respondent to fill up all the vacancies earmarked for physically handicapped persons, after entrusting the recruitment of ..... , government of india, new delhi.7. the chair person, central co-ordination committee, the persons with disabilities (equal opportunities protection of rightsand full participation)act, 1995 ministry of welfare, government of india new delhi-110001.8. the chief commissioner under, the persons with diasbilities (equal opportunities protection of rights and .....
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..... sought to be incorporated would constitute a case of fraud played on the court in the matter of obtaining the order of eviction. 5. section 44 of the evidence act enables a party otherwise bound by a previous adjudication to show that the previous adjudication is vitiated by fraud and therefore, not binding on him. it is trite that ..... r.c.p.no.53 of 2007 for eviction of the tenants from the petition schedule building therein, under section 11(3) of the kerala buildings (lease and rent control) act, 1965. the need, on the basis of which eviction of the building was sought in the said proceedings, was that the second respondent, a dependent of the petitioner therein ..... that she is jobless. in the risk of repetition it is submitted that the conduct of the respondents especially the 2nd respondent is prima facie a fraudulent act. based on the said fraudulent act she was able to obtain his eviction order by playing fraud on the court. applying the principles laid down in 2006(3) klt 931 this hon' .....
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..... the case on which cc no.6/2003 under wp(c) no. 28421 of 2014 -:5:- section 13(2) r/w section 13(1)(d) of the prevention of corruption act and section 120b of ipc was registered.5. the state government had granted sanction for prosecution. a letter dated 31.12.1999 was also written to the central government requesting ..... by the vigilance under section 120b of ipc and also in relation to the offence under section 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988 against late k.karunakaran the then chief minister and seven others. k.karunakaran filed a writ petition in the high court for quashing the fir which petition was dismissed ..... and special judge, thrissur, in cc no.108 of 2011. the case was charge sheeted under section 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988 and section 120b of ipc in which the then chief minister, k.karunakaran, (since deceased) and 7 others were accused. the writ petition has been filed by the leader .....
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