Court : Kerala
..... be that as it may, the constitutional mandate being on the state to compulsorily provide for free education as per the norms and standards prescribed under the rte act, even in such situation the government would have to provide for the required number of teachers per class in compliance of the ptr as stipulated in the schedule and not based on the strength of the entire ..... the learned single judge noticed the steps taken by the government to bring in the changes contemplated by the rte act and listed out what remained to be done, which future action was in the nature of the data to be collected and the decisions to be taken based on the educational need, to be determined with reference to the data ..... . this cannot be sustained since this court has already held that the ptr as per the rte act, cannot be based on the strength of students in the school and has to be on the basis of the strength of students of each class; with 30 and 35 being the maximum possible strength in each ..... there be a ratio so computed, even if the two separate units, as envisaged in the rte act and understood by the government as the first and second stage of elementary education, is taken separately. ..... . the provisions of the ker with respect to 1:45 ratio would be rendered, void on the rte act coming into force and the stipulation would be as per the schedule of the said central legislation, wherein different ptr is provided for class i to v and class vi to viii, which has to be taken for individual class .....
Tag this Judgment!Court : Kerala
..... finance and popular traders are partnership firms and popular finance has obtained only money lending licence from the commercial taxes department, government of kerala, under the kerala money lenders act, section 45s of the rbi act 1934 does not permit any individual firm or unincorporated association of individuals to collect deposits, other than by way of loans from relatives (in the case of individual) or by way of loans from ..... raised by the petitioners in this case is that on the same set of facts, a complaint as envisaged in terms of section 58b(5a) of the rbi act has already been duly instituted before the chief judicial magistrate's court as evident from annexure-a2/annexure-a2(a) and therefore the impugned criminal proceedings in annexure-a1 crime no. ..... this contention is made by the learned counsel for the petitioner primarily with reference to the provisions contained under section 2 (7) of the kerala money lenders act which defines a money lender as to mean a person whose main or subsidiary occupation is the business of advancing and realising loans or acceptance of deposits in ..... with cognizance of offences, provides as follows: 58 e- cognizance of offences- (1) no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by an officer of the bank, generally or specially authorised in writing in his behalf by the bank, and no court other than that of a metropolitan magistrate or a judicial magistrate of the .....
Tag this Judgment!Court : Kerala
..... ( 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 making the application shows sufficient cause for ..... section 43 of the arbitration and conciliation act 1996, provides that the limitation act 1963 shall apply to arbitration as it applies to proceedings in court ..... would also contend that going by the provisions of section 3 g (6) of the national highways act 1956, the provisions of the arbitration and conciliation act 1996 are to apply to every w.p.(c). ..... the 21st day of august 2015 judgment this writ petition 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. ..... : 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. ..... counsel appearing for the petitioner would urge that the time limit for preferring an application for referring a dispute to arbitration is not specifically provided under the national highways act 1956. ..... 30076 of 2013 :3: arbitration under the national highways act. ..... : copy of the order passed by the1t respondent dtd.4.11.2013 rejecting the application submitted by the petitioners under section3 (5) of the act. .....
Tag this Judgment!Court : Kerala
..... , the fulcrum of the discussion being sub-section (2) of section 4, it is apposite to extract the same, which reads as follows: "the central government may, by notification, direct that any power exercisable by the central registrar under this act (other than the power of registration of a multi-state co-operative society) shall, in relation to such society, and such matters as may be specified in the notification, be exercisable also by any other officer of the central government or of a state government ..... it is evident from a perusal of the above provision that the central government--and none else--may, by notification, direct that any power exercisable by the central registrar under the act shall be delegated to be exercisable by any other officer of the central government or of a state government as may be authorised by the central government.21. ..... sri.arun krishna dhan, the learned counsel for the petitioner, has submitted that section 4(2) of the act and the proviso attached thereto specify the powers that can be delegated by the first respondent. ..... accordingly, henceforth following documents along with other documents as specified under multi-state co- operative societies (mscs) act, 2002 and rules made thereunder shall be mandatory for the registration of a multi-state co-operative credit society under the provisions of multi-state co-operative societies act, 2002:- 1.no objection certificate from the registrar of cooperative societies of the states/u.t. .....
Tag this Judgment!Court : Kerala
..... in the writ petition, the learned counsel would contend that the petitioner is eminently entitled to interest on the delayed payment of gratuity, in terms of section 7 of the payment of gratuity act, 1972 ('the act' for brevity), and also the definitive judicial pronouncement of the hon'ble supreme court in h. ..... (supra), the hon'ble supreme court has gone on to observe further that there is a clear mandate in the provi- sions of section 7 of the act to the employer to pay gratuity within time and to pay, otherwise, interest on the delayed payment of gratuity. ..... (supra) as well as the statutory mandate under section 7(3a) of the payment of gratuity act, 1972, this court declares that the petitioner is entitled to interest.18. ..... , it is on the acceptance of the position that there was a lacuna in the law that act 22 of 1987 brought about the incorporation of sub-section 3(a) in sec- tion 7. ..... has observed that earlier there was no provision in the act for payment of interest on the delayed payment of ..... as can be seen, section 7 (3a) of the payment of gratuity act entails the beneficiary to have simple interest at the rate not exceeding the rate notified by the central government from time to time for repayment of long- ..... as it may, the statutory mandate of section 7 of the act is quite explicit, admitting of no ambiguity. ..... also provision to recover the amount of gratuity with compound interest in case amount of gratuity payable was not paid by the employer in terms of section 8 of the act. .....
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..... ninety days has all along been accepted as a reasonable period for invoking the power of revision, the district court should act only if approached by the aggrieved party within ninety days. ..... it is well to remember at this stage that the limitation act, 1908 had not prescribed any period of limitation for a revision petition 5 1988 (2) klt74w.p.(c) ..... aggrieved, the petitioner, invoking section 84 of the kerala co-operative societies act, filed revision no.58/2013 before the tribunal on 18.07.2013. ..... there is no binding decision on this point under section 84, i think the principle laid down by this court under section 20 of the buildings (lease and rent control) act can be safely followed in this case also. ..... 2015 10 the buildings (lease and rent control) act can be safely followed in this case also. ..... has interpreted section 20 of the buildings (lease and rent control) act, an analogous provision, and has held as follows:"3. ..... section 84 of the kerala co-operative societies act confers revisional powers on the tribunal, which is also an ..... was, therefore, submitted on behalf of the landowners that when the legislature did not think it fit to prescribe period of limitation, such power can 3 (2009) 9 scc3524 (2007) 5 scc211w.p.(c) no. ..... act of 1963 gave legislative recognition to this conventional period by its article 131 in the schedule to the act. ..... no doubt true that the statute does not fix period of limitation within which revisional power should be exercised under section 34 of the act. .....
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..... its counter affidavit, i have gone through the same and found that the respondent has not disputed the contention put forth by the petitioners that the property was developed prior to the introduction of act no.28 of 2008 by the state government, but contended that even if the land was converted so, no permission was sought for conversion of the same and therefore the municipality had no obligation to grant ..... if the land is not included in the data bank or draft data bank prepared under the kerala cultivation of paddy land and wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 (sic act 28) of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order, 1967 will be applicable to such land and the collector as defined in ..... the afore cited judgments rendered by the hon'ble apex court as well as this court, the courts were largely considering the question of town planning schemes propounded under the town planning acts with reference to article 300a of the constitution and held that without acquisition of the land, the schemes so launched cannot be put into effect. ..... ' [(2005) 11 scc222 = [2005 khc1983 and contended that merely because a town planning scheme was launched by the state government on the basis of old town planning act the scheme cannot be pressed into service for the purpose of declining permit to the petitioners. .....
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..... therefore, even if the versions given by cws 2 to 4 are assumed to be the only alleged act that can be attributed against a-2 and a-3 (daughter and son of a-1) is that they took measurement and took photo of the property. ..... thus the roping in of accused nos.2 and 3 (petitioners herein) to the acts alleged to have been done after lunch are in respect of the events, when the petitioners were not at all present even going by the versions of cws 2, 3 and 4. ..... as per the statements of cws 2 to 4, the petitioners herein are not present when the alleged act of the 1st accused were said to have been done at around 11 a.m. ..... it is also alleged that the accused had done the above act, when an injunction order restraining the 1st accused from trespassing into the above property was in force. ..... on that day and also the acts imputed against them immediately thereafter. ..... it is further alleged that the accused had done the above act in furtherance of their common intention. .....
Tag this Judgment!Court : Kerala
..... 4150 of 2015 (r) --------------------------- appendix petitioner(s)' exhibits ----------------------- exhibit-p1: true copy of the notification of the central government (ministry of environment and forest) appeared in the gazette of india notifying the ngt act. .....
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..... local law fixes a distinct period different from that in the schedule annexed to the limitation act, though the statutory succour provided in the provisions from sections 4 to 24 of the act can be taken aid of, there is an exclusion of those provisions to the extent expressly ..... essentially adopting the arguments of the learned counsel for the petitioners, has contended that section 3 of the act, read with section 29 (2) of the same act, makes it manifestly clear that neither section 5 nor section 14 of the said act has any manner of application to the proceedings before the learned tribunal, in view of rule 8 of the ..... pathummal, 1987 (2) klt578 a learned division bench of this court has held that the cardinal policy of section 14 of the limitation act is to furnish protection against the bar of limitation to a person who honestly and diligently solicits a trial on merits in a forum ..... local self-government institutions, a statutory adjudicatory body, can condone the delay in the presentation of appeal either in terms of section 5 or section 14 of the limitation act, especially in the face of the limitation imposed in rule 8 of the tribunal for the kerala local self-government institutions rules? ii. ..... in our view, even in a case where the special law does not exclude the provisions of section 4 to 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject .....
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