Court : Kerala
Reported in : 2002(1)ALT(Cri)123; 2002CriLJ1087
ORDERG. Sasidharan, J.1. This petition is filed by accused 1 to 3 in S.T. No. 3175 of 2000 on the file of the Judicial Magistrate of the First Class, Perumbavoor praying that the proceedings in the above case may be quashed. The above case was taken on file on the basis of a complaint filed by the Inspector of Legal Metrology, Perumbavoor alleging offences punishable under Sections 18, 45, 47, 48, 49, 50, 51 and 56 of the Standards of Weights and Measures (Enforcement) Act, 1985, Rule 24 of the Standards of Weights and Measures(Enforcement) Rules, 1992 and Rule 39 of the Standards of Weights and Measures(Packaged Commodities) Rules, 1977. On an earlier occasion, the Inspector of LegalMetrology filed a compliant against petitioners 1 and 2 for the same offences on the basis of the very same facts and that was taken on file by the learned Magistrate asC.C.No. 1132 of 1997. In the course of trial of the above case, a petition was filed forwithdrawal of the complaint and the court acquitte...
Tag this Judgment!Court : Kerala
Reported in : AIR2002Ker290
ORDERM. Ramachandran, J.1. O. P. No. 13965 of 1995 had been filed by Cochin Refineries Limited, which is a Government company. The other two Original petitions have been filed by Bharat Petroleum Corporation Limited, (BPC) which also is an enterprise of the Government of India. Notices issued by the Department of Legal Metrology are under challenge. O.P. Nos. 13965 and 15818 of 1995 challenge the directions for calibrating the storage tanks installed by the petitioners.2. O. P.No. 2752 of 2000 has been filed by BPC for a declaration that the flow-meters installed by them at the Loading Gantries, in its Irimbanam Installation, are not required to be calibrated under the Standards of Weights and Measures (Enforcement) Act, 1985 and the Rules thereunder. The impact of the Standards of Weights and Measurements Act, 1976, Enforcement Act, 1985 and Rules framed thereunder comes to be decided in these set of writ petitions. I may deal with the issue of storage tanks, in the first instance, an...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE19H DAY OF MARCH201528TH PHALGUNA, 1936 Crl.MC.No. 2429 of 2013 () --------------------------- AGAINST THE JUDGMENT IN ST41162011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,NEDUMANGAD ---------------------------------------- PETITIONER(S)/ACCUSED: ------------------------------------------ 1. SHANTANU KHOSLE (MANUFACTURER) THE MANAGING DIRECTOR AND CEO PROCTER AND GAMBLE & HOME PRODUCTS LIMITED P AN G PLAZA, CARDINAL GRACIAS ROAD, CHAKALA ANDHERI (EAST), MUMBAI-400099.2. BHARAT PATEL NON-EXECUTIVE CHAIRMAN PROCTER AND GAMBLE & HOME PRODUCTS LIMITED P AN G PLAZA, CARDINAL GRACIAS ROAD, CHAKALA ANDHERI (EAST), MUMBAI-400099.3. M/S.PROCTER AND GAMBLE & HOME PRODUCTS LIMITED P AND G PLAZA, CARDINAL GRACIAS ROAD, CHAKALA ANDHERI (EAST), MUMBAI-400099. BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.S.K.AJAY KUMAR SRI.P.M.RAFIQ RESPONDENT(S)/COMPLAINANT AND STATE: ----------------------------------...
Tag this Judgment!Court : Kerala
Reported in : ILR2011(1)Ker697
1. Important questions concerning the interpretation of Part IX-A of theConstitution of India, the Kerala Municipality Act, 1994 and the TownPlanning Act,1939 arise in these two writ petitions. Since commonquestions arise, they have been heard together and are disposed ofaccordingly.W.P.(C) No.24526/2009 2. The issue raised herein pertains to the Town Planning Schemes for Thiruvananthapuram Corporation, especially the Plamoodu area. Thepetitioner is the owner of properties in Sy. Nos.2101/2.1.1, 2079/1, 2079/1-1-1 of Kawdiar Village, Thiruvananthapuram Taluk. Ext.P1 series are thetrue copies of the applications for building permit, location plan, site plan,etc. which relate to the construction of a shopping mall comprising of 2lakhs sq. ft. The Corporation rejected the application as per Ext.P2 orderstating that the proposed site comes under the residential zone of theGovernment sanctioned General Town Planning Scheme (Master plan) forThiruvananthapuram and also the property comes unde...
Tag this Judgment!Court : Kerala
Reported in : I(2004)ACC205; AIR2004Ker29; 2003(3)KLT676
Jawahar Lal Gupta, C.J. 1. Is the State bound to enforce the mandate of Section 129 of the Motor Vehicles Act, 1988 that 'every person driving or riding.... on a motor cycle shall, while in a public place, wear protective headgear'? This question was answered in the affirmative by Koshy, J. in O.P. No. 17480 of 1998. The decision was challenged in W.A. No. 1980 of 1999 on the ground that by Act 54 of 1994, Section 129 had been amended to provide that the headgear should conform 'to the standards of the Bureau of Indian Standards'. The appeal was allowed as 'the change made to Section 129', had not been noticed. However, in this petition, it has been pointed out that factually there is no difference in ISI and BIS marks. In view of the public importance of the issue, the matter has been referred to this Bench. -2. The petitioner is an unfortunate parent. On February 9, 2000, his son Ranjit, a young man of 26 years, was riding a motorcycle. If hit against an electric pole on the highway....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
..... standard for ammonia in ambient air under section 17(1)(i) of the air (prevention and control of pollution) act ..... act, 1948 providing for skeletal speedy measures to be adopted by the owners of factories and industrial plants. certain sections of indian penal code and criminal procedure code also provided certain measures in this direction. the relevant sections in the indian penal code are sections 268, 269, 277 and 290 and sections 133 and 134 of the criminal procedure code. when we mention the statutes in this segment, we have to mention the travancore-cochin public health act, 1955, panchayat act, 1960, municipalities act, and the corporations'act, and the rules under these acts. they provided for certain measures ..... cochin literary, scientific and charitable societies registration act. in this letter it is disclosed that vapourised ..... 1985, 28-6-1985, 4-7-1985 and 15-11-1985. the committee in its final sitting on 15th november, 1985 ..... first respondent submits that the height and consequently the weight of water in the tank for the purpose of testing was determined or ..... properties of ammonia:--54. anhydrous ammonia is present ..... standard by the state pollution control board. it is also understood that the proposed standard is 400 ug/m3. it is submitted here that before the notification is published on 14-5-1992 no statutory limit is prescribed for ammonia in ambient air. therefore it was not legally enforceable for the board the various provisions of the air (prevention and control) act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker393
..... enforcement of the general rule.'as noted earlier, the above said decision of the american supreme court was noticed by our supreme court in section kandaswamy chettiar v. state of tamil nadu, air 1985 sc 257. in that case, our supreme court was drilling with section 29 of the tamil nadu buildings (lease and rent control) act, 1960. that section provided that notwithstanding anything contained in the act ..... section 17 of the employees provident fund act, 1952. under the said act, section 17 gave power to ..... planner is entitled to great weight. he is a person with ..... and the norms of standard to be applied in the administration, the ..... procedure prescribed in the act for making rules that they were to be laid on the table of parliament before they could come into force and were open to modification on a motion of parliament, was sufficient control over the delegate. in fact, in this case, after the laying procedure ..... section 344 read with section 222 of the kerala municipalities act, 1960. in the present case, we are concerned with the above said kerala building rules, 1984, in so far as they are traceable to the powers under the kerala municipal corporations act, 1961.2. in this original petition, which relates to the building in kozhikode corporation, the petitioner is one v. raman, who claims to be the secretary of the kozhikode district committee of the kerala kshethra samrakshna samithi (temple protection committee). the said samithi is registered under the societies registration act .....
Tag this Judgment!Court : Kerala
..... measure of judicial procedure." the apex court had also occasion to consider in several cases the distinction between administrative and quasi judicial functions. it is sufficient to refer to the judgment of the apex court in indian national w.p(c) no.26691 of 2010, etc. -:307. :- congress v. institute of social welfare [(2002) 5 scc685. the apex court in the said case had occasion to examine section 29a of the representation of peoples act, 1951 in the context of nature of function which is performed by the election commission. section 29a provided for registration ..... has to be justified by the state on judicially justiciable standards. measures designed to achieve greater social justice, may ..... and rules are ultravires to the act. rules 17 to 20 have been framed to give effect to section 19 of the act. section 19(3) is ..... part of the legislative process, has to be given its due weight and effect. the constitution bench judgments of the apex court as ..... enforcement of the 1971 act and w.p(c) no.26691 of 2010, etc. -:54. :- enforcement of the 2003 act land has become forest. forest sites and land have been notified as ecologically fragile land even though they were not contiguous to any reserve or vested forest and were separated by river or touching with reserve or vested forest only at edges. there was no dominent purpose of the act ..... 1985)3 scc661. in the above case, presidential assent was sought for by the state legislature on punjab village common lands (regulation) act, 1953 .....
Tag this Judgment!