Court : Kerala
Reported in : 2006(1)KLT661
..... occasion, to gain the huzzas of thousands, or the daily praise of all the papers which come from the press: i will not avoid doing what i think is right, though it should draw on me the whole artillery of libels: all that falsehood and malice can invent, or the credulity of a deluded populace can swallow. ..... only a notice, issued under sub-section (3) of section 9 of the kerala lok ayukta act, 1999, which reads as follows:where the lok ayukta or an upa-lok ayukta proposes, after making such preliminary inquiry, as he deems fit, to conduct any investigation under this act, he-(a) shall forward a copy of the complaint to the public servant and the competent authority concerned ..... further, it is not a healthy practice to entertain the challenge against the proceedings pending before lower courts and tribunals, on preliminary objections and keep the main matter, pending for years ..... pl, which are made, contrary to the provisions of the above said act and the rules framed there under, will cause serious adverse consequences to him and ..... petitioner submits, there is no provision in the kerala lok ayukta act, providing for prima facie findings, behind the back of the affected ..... the complaint details many high-handed and illegal acts resorted to, by the additional private secretary, sri.p.radhakrishnan, attached to sri kkramachandran, minister for ..... section 3 of the kerala lok ayukta act, 1999 provides that the lok ayukta shall be a person, who was a supreme court judge or the chief justice of a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker251
..... of the valuation for appeals to the supreme court by the constitution, the appeal was entertainable by the supreme court.in granting special leave to appeal it was held that where the suit was instituted on april 22, 1949 the right of appeal vested in the parties thereto on that date and that right is to be governed by the law as it prevailed on that date, that is to say, on that date the parties acquired ..... that intention was manifested either expressly or by necessary intendment, then vested rights could be effected.so saying the learned chief justice referred to the provision in section 1 sub-section (2) of the amending act that it would not come into force forthwith on receiving the assent of the governor but would only come into force on a date to be notified and said 'when we take into consideration ..... pending an action before the supreme court of queensland, the right of appeal from the decisions of that court to the privy council was taken away by the australian commonwealth judiciary act, 1903 and an appeal was substituted instead to the high court of australia.the defendant in that case, however, after obtaining a certificate from the queensland supreme court preferred ..... depended upon in the madras case to give retrospective operation to the madras civil courts amendment act, 1956 (act 7 of 1956) related to the cases of practice and procedure in courts. ..... petition before the supreme court was instituted on april 22, 1949 at a time when the valuation of the suit being .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker253
..... abuse of power and no check by way of appeal or otherwise is provided against the order of the central government, can he disposed of on the ground that the power vested in the central government to fix the prices under the act in question is in the interest of the general public; and that, under these circumstances, it is absurd to expect that there would be some provision by way of appeal or otherwise against the exercise of the power by the ..... , revoke a license, in any of the following cases, namely :-- (a) where the licensee, in the opinion of the state government, makes wilful and unreasonably prolonged default in doing anything required of him by or under this act;(b) where the licensee breaks any of the terms or conditions of his license the breach of which is expressly declared by such license to render it liable to revocation;(c) where the licensee fails within the period fixed in this behalf ..... engineer, is again contrary to the provisions contained in rule 54 of the indian electricity rules, 1956.the chief engineer also refers to certain other matters, namely of his having called upon the petitioner to desist from such acts, as well as the evasive replies of the petitioner, the chief engineer also refers to the want of co-operation on the part of the petitioner, as well as the inability of the petitioner to produce a valid license when ..... controversy that the act was extended with effect from 1-4-1951, to the state of travancore-cochin, which was formed on 1st july 1949. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker300
..... to the possession of the lands, and the proprietorship of these lands was vested in the occupier, who could not be removed because another offered more'.learned counsel submitted that in the act, it is clearly stated that what is being given to the government for working out the minerals is 'rajabhagam' and hence it is right to contend that the minerals belong to the owners. ..... any amount to the government as royalty because the provisions contained in the miners and minerals (development and regulation) act, 1957 and the rules framed thereunder did not stipulate payment of royalty to the government in case of jenmom ..... in air 1981 madras 82 the court held that under section 15 of the mines & minerals (regulation and development) act, the state government had only the power to regulate and it could not prohibit and the question in issue there was the right of the ..... sc 723 (kunhikoman's case), air 1972 sc 2240 (balmadies plantations' case) and air 1963 kerala 101 (sabhayogam's case) wherein it has been held that the ryotwari pattadar for all practical purposes is the absolute proprietor of the property. ..... venkateswarlu, (1949) 2 mlj 500 : (air 1949 pc 278) wherein it was held that it is not correct to say that the ryotwari pattadar has no ..... (1949) 2 mlj 500 : (air 1949 pc 278) wherein it was observed as follows at page 287; of air) :'in this connection it may be stated that it is not correct to say, as was boldly argued, that a ryotwari pattadar has no proprietorship in the land he .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker148
..... god, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, i contemplate with sovereign reverence that act of the whole american people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state ..... while both the articles are subject to public order, morality and health, the freedom of conscience and the right freely to profess, practice and propagate religion guaranteed under article 25 are subject to other provisions in part iii; however, the right guaranteed under article 26(b) to manage its own affairs in matters of religion in favour ofreligious denomination or any ..... mukherjea (as his lordship then was) observed at page 392 as follows :'religious practices or performances of acts in pursuance of religious belief are as much a part of religion as faith or belief ..... which were under the management of the ruler of travancore prior to the first day of july 1949, except the sree padmanabhaswamy temple, sree pandaravaga properties and all other properties and funds of the said temple, and the management of allinstitutions which were under the devaswom department shall ..... air 1949 dacca 33 the preventive detention (continuance) ordinance, 1949 was challenged ..... province of east bengal air 1949 dacca 33 and submitted that the decision of the palna high court in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker182
..... article 372(3)(b) as regards the power of competent legislature or other authority to repeal or amend 'any law adapted or modified by the president under the constitution', with the words in section 120 of the states reorganisation act under which the existing law was to be given effect to 'subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority' and he urged that the reference ..... a statute is not properly called retrospective because a part of the requisites for its action is drawn from time antecedent to its passing'.but however viewed, whether as operating retrospectively or prospectively, the act as made operative from 1-4-1957 purports to levy for the first assessment year under it, tax on income which is foreign both as derived and as received. ..... for the substitution of the words 'travancore-cochin' in the long title and preamble of the principal act by the words 'state of kerala' and similarly section 3 provides for the omission of the expression 'travancore-cochin' from the words travancore-cochin agricultural income-tax act in section 1 (1) of the principal act and further that section 1(2) of the principal act be amended so as to substitute the words 'it extends to the whole of 'state of kerala' in place ..... act, 1947 which contains provisions like ours was extended to the gangpur state on 19th january, 1949, and the state finally merged in the province of orissa on the 1st of august, 1949 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker25
..... the first respondent it is submitted that the duties and functions of the devaswom board are purely administrative in character, the religious aspects are decided by the thanthrics, that the hindu religious institutions act 1950 was not intended to touch matters of religion and therefore belief in god and temple worship are not essential to be a member of the devuswam board. ..... section 3 of the act provided that the administration of incorporated and unincorporated devaswoms and of hindu religious endowments and all their properties and funds as well as the fund constituted under the devaswom proclamation which were under the management of the ruler of travancore prior to the first day of july, 1949 except the sree padmanubhaswamy temple shall be vested in the travancore ..... in the normal, practical and meaningful sense, idol worship forms the core of prevalent hindu religion and philosophy and it appears to be so, ever since human memory and such faith is embedded on its own, and if is too late in the day ..... under:'we find there is considerable force in the contention of the petitioner that a person who 'professes' hindu religion need not be a believer in temple worship and that on the other hand he may be completely opposed to the practice of idol worship. ..... decision in guruvayoor devaswom case, 1979 ker lt 350 : (air 1978 kerala 68), to the effect that a person who professes hindu religion need not be a believer in temple worship and may even be opposed to the practice of idol worship. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker210; [1962]32CompCas1008(Ker)
..... as a promissory note but for the complication of stamp duty), we consider that section 85-a of the negotiable instruments act contemplates a fiction by which one office of a bank is for this purpose to be regarded as a different person from another office of the same bank.however that might be, there is no denying that a ..... cal 566) (sb)) we hold that, unlike as in the english law which requires that the order must be addressed by one person, to another, the 'certain person' of section 5 of the negotiable instruments act may be the same person as the maker, or whether preferring the view that a man does not is sue an order to himself but only makes promise (in which case such a draft may well be regarded ..... but, so far as i can see, all of them with one exception to which i shall presently refer, from air 1949 ep 373 which may be regarded as the most favourable to the applicants down to air 1960 punj 281 which may be regarded as the least ..... practice the sole purpose for which a person purchases a draft and the bank accept^ his money is for the transmission of the money 'to some other place so that, whatever the-draft itself might say a special contract for the carriage of the money as contemplated: by lr|c decisions is necessarily implied in the transaction by reason of the established usage of ^e trade-.reference is made in this connection to the saving in section of the indian contract act ..... 1949 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker1
..... of maharashtra, air 1984 sc 1622 where the majority of the judges held that 'the test of proximity cannot be too literallly construed and practically reduced to a cut-and dried formula of universal application so as to be confined in a strait-jacket. ..... is a letter addressed by ammini to the second accused, in which ammini solicited the latter's help to get any 'atrocious act' done for the purpose of forestalling the formation of a new partnership business for the son of another brother. ..... fiendish manner in which the murders were perpetrated, does persuade us to give a sentence less than the maximum allowed by law, particularly to ammini who acted as the linchpin of the machinations which culminated in the horrendous drama played on 23-6-1980 in tomy's house. ..... however, we are not disposed to reject the evidence for recovery under section 27 of the evidence act merely on the ground that the information has not been quoted in the deposition in so many ..... atkin who delivered the famous judgment in that case stated thus : 'the word 'confession' as used in evidence act cannot be construed as meaning a statement by an accused 'suggesting the inference that he committed' the crime. ..... it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid but cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a conviction. ..... king, (air 1949 pc 257). .....
Tag this Judgment!Court : Kerala
Reported in : (1966)IILLJ613Ker
..... in the case before us, as already stated, there is no plea that the appellant is carrying on other activities besides the practice of chartered accountants, our decision is confined to the practice of a chartered accountant simpliciter in accordance with the provisions of act 38 of 1949. ..... 1949, the profession of chartered accountants other than cost or works accounts is regulated and controlled by the provisions of chartered accountants act 38 of 1949 and by the institute of chartered accountants established under the said act. ..... the object of act 38 of 1949 is to prescribe the technical qualification for chartered accountants and to regulate a highly skilled technical profession in the interests of public ..... chartered accountants who are partners of the firm bring their skill and educational equipment and qualification and experience in carrying on their avocation as chartered accountants as provided by the provisions of act 38 of 1949. ..... is not possible for a chartered accountant to engage himself in any work not sanctioned by the provisions of act 38 of 1949. ..... 2 sub-clause 1(b) defines a chartered accountant as meaning a person who is a member of the institute of chartered accountants of india constituted under act 38 of 1949. ..... provides that any reference to a chartered accountant or a registered accountant or a certified or qualified auditor in any other law or in any document shall be construed as a chartered accountant in practice within the meaning of the chartered accountants act. .....
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