Court : Kerala
..... /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 .....
Tag this Judgment!Court : Kerala
..... 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 .....
Tag this Judgment!Court : Kerala
..... 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 .....
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 .....
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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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..... 2005-e15compare the admitted writing with the disputed writing and come to its own independent conclusion. such exercise of comparison is permissible under section 73 of the evidence act. ordinarily, sections 45 and 73 are complementary to each other. evidence of the handwriting expert need not be invariably corroborated. it is for the court to decide ..... ble supreme court again in safi mohammed v. state of rajasthan [(2013) 8 scc601, wherein the appellant assailed the conviction section 3(1)(c) of the official secrets act, 1923. main attack was on the experts' opinion of air force officers, which was relied on, in the light of the judgment reported in air1999sc3318but the apex ..... "36. the contentions urged by the learned counsel on behalf of the appellant that pw27and pw32are not expert witnesses in terms of section 45 of the evidence act by placing reliance upon the decisions of this court referred to supra are misplaced and they do not support the case of defence for the reason that the .....
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..... essence and substance is the heartbeat of fair play. actions are amenable, in the panorama of judicial review only to the extent that the state must act validly for discernible reasons, not whimsically for any ulterior purpose. the meaning and true import and concept of arbitrariness is more easily visualised than precisely defined ..... down this proposition in the context of interpretation of central educational institutions (reservation wa nos.776/2014 & 780/2014 & connected writ petitions -57- in admission) act, 2006.58. learned senior counsel relied upon the decision of the apex court in brij mohan lal's case {(2012) 6 scc502, especially paragraph 137. in ..... the recommendations of, the committee which is more qualified to address these issues." in that case, the question arose under the mines and minerals (regulation and development) act, 1957 regarding the right of renewal wa nos.776/2014 & 780/2014 & connected writ petitions -51- of mining lease. the government took the decision based .....
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..... the petitioner shall be dealt with as per the provisions of the kerala (scheduled castes and scheduled tribes) regulation of issue of community op(kat) 120/14 3 certificates act, 1996 (act 11 of 1996). it was further ordered that no additional benefits should be availed of by the petitioners which are available to the members of scheduled caste community till the ..... months from today to the scrutiny committee and scrutiny committee may issue notice, take evidence and give a op(kat) 120/14 9 finding in accordance with the provisions in act no.11 of 1996 as well as in consonance with the principles of natural justice. till fresh orders are passed by the scrutiny committee, no action based on ext.p5 ..... petitioner during the period he continued in service and issue consequential order within a period of three months from the date of receipt of copy of this judgment. ashok bhushan, acting chief justice a.m.shaffique, judge tkv
Tag this Judgment!Court : Kerala
..... on the petitioner's representation, it cannot be provided to the petitioner. by making a request for obtaining information, an applicant under the right to information act cannot expect a public authority to generate "information". the information already available on the records has to be supplied to the petitioner. seeking redressal of the ..... grievance and obtaining information are different. as far as right to information act is concerned what is expected to be provided is regarding the information that exists in available files. the nature of information sought for by the petitioner as ..... of disposal of his representation. it can be responded by either stating that this was considered/not considered/what transpired on the file. if nothing has been acted upon such representation, it can be stated so. however, instead of providing information as to the outcome of such representation, the reply was given by the .....
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