Court : Kerala
..... respondents 1 and 2 would submit that, actually the party respondents have already filed arbitration case no.108/2012 including petition under section 9 (2) of the arbitration and conciliation act. it is submitted that, the party respondents will only proceed lawfully and seek legal remedies. we record the said submission and dispose of the writ petition. (k.m.joseph) judge .....
Tag this Judgment!Court : Kerala
..... on behalf of the petitioner. the second respondent's learned counsel says that her client may pursue remedies available under other statutes, including the protection of women from domestic violence act, 2005. leaving open all such issues and expressing nothing on merits, this writ petition is closed and permitted to be withdrawn as sought for on behalf of the petitioner. writ .....
Tag this Judgment!Court : Kerala
..... us on the issue of interpretation of the definition of "family" as provided under article 42(i) read with explanation of the schedule to the kerala stamp act, 1959 (hereinafter referred to as "the stamp act"). though we appreciate the tenacity, we cannot but underline the futility since the issue is no longer res integra. we have clearly interpreted the definition in .....
Tag this Judgment!Court : Kerala
..... state of kerala under service quota, it shall be made only under the provisions of the service quota act. according to the state, majority of the population in the state primarily consist of common people, who depend on public health care system, which is manned ..... then selection is purely based on seniority in view of the kerala medical officers admission to post graduate courses under service quota act, 2008 (act 29 of 2008) (hereinafter referred to as 'the service quota act). therefore, writ petitioner challenges exhibit p6 as ultra vires to statutory regulation of medical council of india (mci) in total violation ..... weightage for rural and difficult rural service etc. by referring to section 3 and 4 of the service quota act, it is contended that, according to the scheme of the act, notwithstanding anything contained in mci act or any rule, regulation so far as selection of medical officers for admission to post graduate study in the .....
Tag this Judgment!Court : Kerala
..... 24. with regard to the above contention of mr.pallav shishodia, it is enough to say that it overlooks section 3(cc) and section 3(e) of the act, substituted by act 68 of 1984. the definition of "company" in section 3(e) after substitution in 1984 is as follows:3. e) the expression 'company' means- (i) ..... houses for the workmen employed by a company or for provision of amenities directly connected with it, such acquisition is permitted by invoking the provisions of the act. similarly if after enquiry, the government are satisfied that the acquisition is needed for constitution of some building or work for a company, which is engaged ..... land for public purposes. paragraph 8 reads as under: "explanation.- 'private company' and 'government company' shall have the meanings respectively assigned to them in the companies act, 1956 (1 of 1956). a plain reading of the fascicule of these provisions clearly indicates the distinction, statute has envisaged, namely, acquisition for a public purpose and .....
Tag this Judgment!Court : Kerala
..... any other appropriate writ, direction or order, commanding the 1st respondent to initiate appropriate legal actions against the 5th respondent as contemplated u/s.13 and 23 of the act, on the basis of ext.p6 representation. iii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider ext. ..... p6 representation and pass appropriate orders as provided u/s.13 and 23 of the kerala conservation of paddy land and wet land act, 2008, as expeditiously as possible within a specified time as fixed by this hon'ble court. iv) grant such other and further reliefs, which this hon'ble ..... illegal w.p.(c)no. 23373 of20132 actions being pursued by the 5th respondent by converting his paddy land for rubber cultivation violating the provisions of the act 28 of 2008. the grievance of the petitioner has already been projected before the district collector by way of ext.p6 representation, which is still to be .....
Tag this Judgment!Court : Kerala
..... control court, kozhikode against respondents 5 and 6 in their capacity as the legal representatives of the original tenant, under section 11(3) of the kerala buildings (lease & rent control) act. in that rent control petition, the bonafide need put forward was that the grand daughter of the landlord, who was examined as pw2 wanted to start a plant nursery. the ..... of 2012 before the executing court putting forward their claim and contending that they are not bound by the orders and judgments passed by the authorities under the rent control act. they contended that they are the widow and daughter of the original tenant and therefore they should have been made parties to the rent control petition. they were not made .....
Tag this Judgment!Court : Kerala
..... which do not take in the additional vacancies. 49. chapter xxi, newly introduced in the ker, and rule 12 of chapter xxiii, substituted by the amendment act, are incongruous. as per chapter xxi whenever regular vacancies occur, including the anticipated vacancies as on 31st may of the succeeding year, they have to be ..... also the issue of whether the government orders and the amendments impugned are in compliance of the right of children to free and compulsory education act, 2009 [for brevity rte act ]. 4. in addition to the various orders granting protection to teachers from retrenchment and the manner in which such protections are to be implemented ..... state of kerala had been a harbinger, in the matter of providing for organized and regulated education under the aegis of the state with the kerala education act, 1958 [for brevity ke act ] and kerala education rules, 1959 [for brevity ker ]. the kerala education bill, 1957 which ignited widespread protests, turned into a revolution of sorts .....
Tag this Judgment!Court : Kerala
..... and realizing loans, the allegation that they are accepting deposits by itself will not make them liable for any of the offences under the kerala money lenders act. after having given anxious consideration of the rival pleas in this regard, this court is of the considered opinion that the issue as to whether the accused ..... way concerned with the main or subsidiary occupation and business of advancing or realisation of loans and therefore, none of the offences under the kerala money lenders act would lie as against m/s. popular traders and its partners etc. this contention is made by the learned counsel for the petitioner primarily with reference ..... kerala, thiruvananthapuram. it is also on the same lines as in the aforestated letter dated 15/05/2012. the commissioner of commercial taxes, government of kerala acted on the said intimation given by the reserve bank of india and has duly instituted a complaint before the chief judicial magistrate's court, pathanamthitta against the petitioners .....
Tag this Judgment!Court : Kerala
..... experts' committee recommendation, the learned standing counsel would contend that in terms of clauses (viii) and (ix) of section 23 of the mahatma gandhi university act, 1985 (`the act' for brevity), any decision taken by the university involving financial commitments on the part of the government shall have its prior approval. thus, the learned ..... experts' committee unanimously recommended the re-designation of the petitioner. in any event, in terms of clauses (viii) and (ix) of section 23 of the act any appointment of teachers in the university requires prior approval of the government, if creation of such post involves expenditure in excess of the budgetary provision. thus, ..... lecturer in the school of gandhian thought and development studies. ext.p17(b): copy of the letter dated53-2014 of the public information officer right to information act. ext.p18: copy of the letter no.audit ii/2013-14,dated511-2013 from the finance officer of the ist respondent university to the petitioner. ext. .....
Tag this Judgment!