Court : Kerala
..... india and others [2013 (1) scc403. in the said case, what was at issue was whether the objections raised under section 5a of the land acquisition act had been properly considered or not. it has been held by the honourable supreme court that the recommendations made by the district collector without duly considering the objections ..... district. w.p(c) no.9438 of 2013 is filed by the chirakkara powrasamithi, a society registered under the travancore cochin literary, scientific and charitable societies registration act, 1955, and two others. the society has been formed for the alleged purpose of protecting the welfare and well-being of the residents of the area. ..... out by the learned government pleader at that time that their objections could be considered during the enquiry under section 5a of the land acquisition act, 1894 (hereinafter referred to as `the act' for short), which was in progress at that time. however, it was contended that the objections of the petitioners being against the .....
Tag this Judgment!Court : Kerala
..... nephrology, amrita institute of medical sciences, kochi. it is in the meanwhile that the respondent bank proceeded with steps under sarfaesi act leading to ext.p2 order passed by the chief judicial magistrate, pathanamthitta under section 14 of the sarfaesi act, followed by ext.p3 notice issued by the advocate commissioner appointed by the court to take possession of the property. this .....
Tag this Judgment!Court : Kerala
..... shall be subject to the final decision taken by the 2nd respondent in accordance with the provisions of the kerala (scheduled castes & scheduled tribes) regulation of issue of community certificates act, 1996. sd/- a.v. ramakrishna pillai, judge bka/-
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..... or any other appropriate writ, order or direction commanding the respondents to refrain from all steps initiated pursuant to securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 against the petitioners including ext. p1 and p2 notice. (iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to w.p ..... of the adverse circumstances, the repayment could not be effected on time, as scheduled, which made the petitioner a defaulter and the bank proceeded with the steps under the sarfaesi act, after declaring the account as 'npa'. in the said circumstance, the petitioner approached this court with the following prayers : "(i) call for the records leading to ext. p1 and p2 .....
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..... /2006 of kozhikode beypore police. annexure2 copy of private complaint by the petitioner based on which annexure1f.i.r was registered. annexure3 copy of the m.c30of2010under d.v act. annexure4 copy of the agreement between the petitioner and2d respondent. respondents' annexures: nil. //true copy// p.a. to judge. prv. k. ramakrishnan, j.============================== crl ..... in cc3562008 pending in jfcm court v kozhikode, based on annexure 1 kozhikode beypore police crime fir no.85/2006 and annexure 2 private complaint and dv act proceedings in annexure 3 mc30of 2010 by the petitioner against the 2nd respondent and relatives in view of full and final settlement as per annexure 4 agreement." ..... first class magistrate court no-v, kozhikode, against the present second respondent and his sister under the provisions of the protection of women from domestic violence act, 2005 and that is pending as m.c.no.30/10 before that court. it is alleged in the petition that due to the intervention of mediators .....
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..... by the petitioners, which made the respondent bank to proceed with further steps by filing a petition before the chief judicial magistrate's court, thiruvananthapuram under section 14 of the 'act'; pursuant to which, an advocate commissioner has been appointed, who has issued ext.p2 notice for taking physical possession.4. the learned counsel for the petitioners submits that the petitioners ..... respondent bank on the strength of security interest created over the property in question. since, the timely repayment could not be effected, the bank proceeded with steps under the sarfaesi act, which in turn are under challenge in this writ petition.2. the learned counsel for the petitioners submits that the default was never wilful, but because of some unforeseen circumstance .....
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..... to be cognizable. notwithstanding anything contained in [the code of criminal procedure, 1973 (2 of 1974)], any offence punishable under this act shall be deemed to be a cognizable offence within the meaning of that code: provided that, notwithstanding anything contained in that code,- (i) arrest without warrant may ..... police officers as trafficking police officers and they shall exercise all the powers and discharge all the functions as are exercisable by special police officers under this act with the modification that they shall exercise such powers and discharge such functions in relation to the whole of india.] section 14 reads as:14. offences ..... was holding a post not below the rank of a commissioned officer.] (3) for the efficient discharge of his functions in relation to offences under this act- (a) the special police officer of an area shall be assisted by such number of subordinate police officers (including women police officers wherever practicable) as the .....
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..... 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 .....
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..... : pj wp(c).no. 9575 of 2014 (v) -------------------------------------- appendix petitioner(s)' exhibits ------------------------------------- p1. true copy of the representation of the people (amendment and validation) act, 2013. p2. true copy of the judgment of hon'ble supreme court dated107-2013 in jan chaukidarv. union of india, upholding the patna high court judgment dated304-2004 ..... of a state", the words "under the provisions of this chapter, and on no other ground" shall be inserted.3. in section 62 of the principal act, after the proviso to sub-section (5), the following proviso shall be inserted , namely:- "provided further that by reason of the prohibition to vote under ..... of the constitution; and (iii) arbitrariness of the law. xx xx xx 40. consequently, we are of the opinion that the impugned amendment and validation act, 2013 is consistent with the principle of universal and equal suffrage and the presumption of innocence of the accused until proven guilty.41. in view of the .....
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..... the said judgment and the discussion made by learned single judge, we notice, there is vast difference between the two provisions. under tamil nadu advocates welfare fund act, members were allowed to get admitted to welfare fund and the high court opined that after making contribution for several years, such advocates cannot be denied benefit of ..... as a member of welfare fund. section 15(1a) of kerala advocates welfare fund act reads as under: "15(1a) an advocate who is eligible for or availed of any kind of retirement benefits for the service under the central or state ..... c.j.petitioner is before us challenging judgment of learned single judge. the challenge before learned single judge is section 15(1a) of kerala advocates welfare fund act, wherein a restriction is brought for an advocate who was previously under service of central or state government or any public or private sector undertaking to get admission .....
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