Court : Kerala
..... disaster management. superjacent area of the arched conduit can very well be directed to be evicted in exercise of the powers under the 2005 act. the 2005 act has an overriding effect which provision has not been considered by the learned single judge. it was submitted that the report of the ..... ; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction; 34. as the definition of disaster management indicates, the disaster management is a continuous act and process of planning, organising, co-ordinating and implementing measures which are necessary or expedient for; prevention of danger or threat of any disaster, mitigation or ..... to any disaster situation and to provide requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans. under the 2005 act the state government issued state disaster management policy, dated 19.06.2010 under which district management plan, thiruvananthapuram 2014 was prepared. the city of .....
Tag this Judgment!Court : Kerala
..... the least dangerous branch observes that judicial review is a counter-majoritarian force in our system, since when the supreme court declares unconstitutional a legislative act or the act of an elected executive, it thus thwarts the will of the representatives of the people; it exercises control, not on behalf of the ..... any objective behind section 56a to sustain the rational nexus with the differentia. 116. this court, therefore, cannot but hold that section 56a of the act suffers, incurably, from the vice of unreasonable, irrational classification offending the principle of equality guaranteed under article 14 of the constitution. 117. there is, ..... used to express different and sometimes contradictory ideas , said the learned judge. or unreasonable. some or other constitutional infirmity must be found before invalidating an act. an enactment cannot be struck down on the ground that court thinks it unjustified. 87. rajbala emphatically enunciates that the courts in this country do .....
Tag this Judgment!Court : Kerala
..... 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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..... into the matter and the panchayat shall cooperate with such enquiry. (3) after such enquiry, government may take such action as is necessary and permissible under this act. 22. it is seen from the above section that a general power has been given to the government to issue general guidelines to the panchayats in accordance ..... beneficiary committee. 15. on the other hand, senior counsel sri. raju joseph submitted that the government has got power under section 189 of the panchayat raj act to issue necessary guidelines regarding implementation of certain projects funded by the state government and the central government and it is on the basis of that the government ..... block panchayat alleging that as per 73rd amendment of the constitution, three tire panchayat raj system was introduced and as per section 254 of the panchayat raj act, the government issued sro no.786/1997 whereby it was provided that the method of public work would be decided considering the possibility of executing the work .....
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..... 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 .....
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..... 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 .....
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..... 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) .....
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..... the direction as sought for.9. first of all, the learned single judge had already found that no action could be taken in terms of sec.20 of the rti act. further, the learned single judge proceeded on the basis that there was material to indicate that the information sought for in the representation was not provided and therefore, ..... information has already been provided, there was w.a. no.1709 of 2015 -:5. :- no reason to take further proceedings in accordance with the provisions of the rti act.7. the petitioner, who appeared in person, on the other hand argues that since the minister's office was under obligation to give the status of the information sought ..... as sought for in annexure-1 of ext.p2. further, the petitioner sought for a relief to impose penalty under sec.20 of the right to information act (hereinafter referred to as 'rti act' for short) as may be deemed appropriate in this case. the facts involved in the writ petition would disclose that though the petitioner submitted that he .....
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..... learned counsel would also submit that the hon'ble supreme court has, in asia resorts ltd. v. usha breco ltd. ( 2001 (8) scc710 held that since the limitation act 1963 has been made applicable to arbitration,having regard to the nature of disputes between the parties, the delay caused in filing an application can be condoned if the person ..... is filed challenging ext.p6 order of the district collector and arbitrator,(national highway) rejecting the application submitted by the petitioners under section 3 g (5) of national highways act, 1956 on the ground that it is barred by limitation.2. petitioners are the co-owners of a property, 2.58 ares in extent ,comprised in survey no. ..... hospital, dtd.23.2.2011. p5 : copy of the receipt issued by the1t respondent on receipt of the application made by the petitioners under section3(5) of the act, dtd.2.8.2013. p6 : copy of the order passed by the1t respondent dtd.4.11.2013 rejecting the application submitted by the petitioners under section3 (5) of .....
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..... 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 .....
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