Judgment Search Results Home > Cases Phrase: state of arunachal pradesh act 1986 section 47 power to construe laws Court: kerala Page 1 of about 4 results (0.050 seconds)

Planters Forum Vs. State of Kerala

Court : Kerala

..... powers of legislation - (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state list" the act of 2003 is also without legislative competence inasmuch as the subject matter of the act is squarely and directly covered by the environment (protection) act, 1986 (hereinafter referred as the central act, 1986 ..... in addition to the above, in the tropical wet evergreen forests of tirap and changlang in the state of arunachal pradesh, there would be a complete ban on felling of any kind of trees therein because of their particular significance to maintain ecological balance needed to ..... 6) "the appellant, however, urged that the introduction of the proviso in section 3 should not be given greater retrospective operation than necessary and it should not be so construed as to affect decrees for eviction which had already become final between the parties ..... but even so, we do not see how the retrospective introduction of the proviso in section 3 can be construed so as to leave unimpaired a decree for eviction already passed, when the question arises in execution whether it ..... 85-86, paras 13-14) "in the present case as already pointed out above, if sub-section (2) as introduced by the coal mines nationalisation laws (amendment) act, 1986 in section 10 had existed since the very inception, there was no occasion for the high court or this court to issue a direction for taking into account the price which was payable for the .....

Nanmanda Rural Co-Operative Housing Society Limited and Another Vs. K. ...

Court : Kerala

..... state of arunachal pradesh v ..... to what are said to be the two limbs of section 70 of the act, the learned counsel has submitted that sub-sections (1) to (3) of section 70 of the act deal with the powers conferred on the arbitrator; on the other hand, sub-sections (4) to (6) of the same section adumbrate the powers of the registrar. ..... a presumption in the circumstances where judicial interpretation was well settled and well recognised and even then he thought that the rule must yield to the fundamental rule that in construing statutes grammatical and ordinary sense of the words is to be adhered to, unless it leads to some absurdity, repugnance or inconsistency. ..... ourselves to the issue of revision, we may further observe that there is a discernible distinction between a statutory revision and a judicial review as a matter of public law remedy or even as part of the supervisory jurisdiction of the constitutional courts. 78. ..... did not ask for an opportunity to adduce evidence when proceedings were pending; nor did it avail itself of right given to it by law to adduce evidence before tribunal during the pendency of proceedings. ..... the aforesaid observations, it would be legitimate for the high court to interfere even against an order of the labour court on a preliminary issue and particularly when the order of the labour court is contrary to the law laid down by the supreme court itself. ..... shall be in accordance with the provisions of the act and the rules and the bye-laws made thereunder. .....

Lis (Registered), Palakkal Court Vs. State of Kerala and anr.

Court : Kerala

Reported in : AIR2007Ker178; (2008)17VST432(Ker)

..... any amount of mere assertion by anyone much less the government of arunachal pradesh will serve any purpose to the petitioner to obtain registration under the kerala act unless he is directly appointed by the state of arunachal pradesh to conduct the lottery organized by the state of arunachal pradesh in the state of kerala.the above stand of the state government in wp (c) no. ..... the respondent has however, taken the view that as far as lottery tickets purchased from the state of karnataka are concerned since petitioner is getting commission from the state of karnataka and that most of the members of the scheme are from the state of kerala petitioner has to be treated as promoter of the lottery tickets of the karnataka state in the state of kerala and hence it falls within the definition of section 2(i) of the kerala act, in the event of which, it is bound to take registration under ..... govt, of nct of delhi : air2006sc1908 and submitted that lotteries are not 'goods' for the purpose of sales tax laws and are only actionable claims excluded from the definition of 'goods' under the sale of goods act and the sales tax statutes. ..... counsel submitted, in the event of organizing, conducting lottery in karnataka the power to levy tax under entry 62, list 2 of the 7th schedule rests with the state of karnataka and the attempt to characterise the purchase of lottery ticket of karnataka as deemed sale within the state of kerala is illegal. .....

Chirayinkeezhu A. Babu Vs. Delimitation Commission

Court : Kerala

Reported in : 2010(2)KLJ957

..... parliamentary and assembly constituencies order 1976, as made applicable pursuant to the orders made by the president under section 10a of the delimitation act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the states of arunachal pradesh, assam, manipur and nagaland, and the provisions of section 10b of the said act relating to delimitation of parliamentary and assembly constituencies in the state of jharkhand, consolidate all such orders into one single order to be known as the delimitation of parliamentary and ..... further statement filed on 26.3.2008, it is pointed out that in exercise of the powers under section 10a(1) of the act, the president of india has by order published in the gazette of india deferred the delimitation exercise in the states of assam, arunachal pradesh, nagaland and manipur. ..... shri murali purushothaman, learned standing counsel appearing for the respondents, submitted that in the light of section 8 of the representation of the people act, 1951 since the said order has the force of law, it cannot be challenged under article 329(a) of the constitution and therefore, in this writ petition, the same cannot be called in question, as ext.p4 has merged with the consolidated ..... it is well settled that a statutory power will be construed as impliedly authorising everything which can be regarded as incidental or consequential to the power itself, and it is also well settled that the powercan be exercised from time to time .....

Zeeshan Vs. District Educational Officer and ors.

Court : Kerala

Reported in : AIR2008Ker226; ILR2008NULL984

..... state of arunachal pradesh ..... whether the application under section 5(1)(f) of the citizenship act could be entertained on merits and whether it could be disposed of in favour of the petitioner, are all matters coming under the citizenship act and that does not give a right to the person who has applied under section 5(1)(f) of the citizenship act, to apply for admission ..... vi of the kerala education rules does not apply to a case where a citizen of pakistan who has made an application under section 5(1)(f) of the citizenship act, 1955 before the government of india, and who is awaiting orders thereon. ..... the constitution of india which provides that no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them, would also justify this conclusion. ..... the word 'child' in the kerala education act as suggested by the learned counsel for the petitioner, if accepted, would defeat the provisions in the constitution of india and various laws in force in india. ..... the constitution of india provides that the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine. ..... entitled to equality before the law and equal protection of the laws. ..... person can be deprived of his life or personal liberty except according to procedure established by law. ..... country governed by the rule of law. .....

M/S Motorola India Private Ltd. Vs. Bharath Sanchar Nigam Ltd.

Court : Kerala

Reported in : ILR2010(4)Ker660

..... review is bad because the judgment of the gauhati high court in state of arunachal pradesh v.subhash projects and marketing ltd. ..... the petitioner is to apply to the court under clause (2) of section 14 for a decision on the question as to whether the mandate of the arbitrator has terminated for the reasons stated by the petitioner, i am of the view that i will not be justified in granting the leave sought for by sri.ciccu muhopadyaya to make an application to the court which going by the statutory definition under section 2(e) is the principal civil court of original jurisdiction in the as ..... vijayakumar hastened to add that in this particular case termination sought for by mr.ciccu muhopadyaya to move the court to apply under section 14(2) to settle the controversy as to whether the arbitrator's mandate has been terminated should not be granted since such a ground is not raised in the rp and such an argument was also never raised ..... to consider that the arbitrator failed to provide a statement under section 12(1) or section 12(2) of the act as to lack of independence and/or impartiality. ..... not take into account the terms of the arbitration agreement which provides that in the event the cgm, kerala telecom circle, bsnl or its equivalent officer is unwilling to act as an arbitrator on account of likelihood of having dealt with the matter, the arbitrator to be appointed should be a neutral party. ..... same time, if the petitioner is entitled in law to make such an application, this order will .....

Nellikka Achuthan Vs. the Deshabhimani Printing and Publishing House L ...

Court : Kerala

Reported in : AIR1986Ker41

..... state of arunachal pradesh, 1979 ..... perhaps the establishment of a special court in relation to offences relating to ferest laws and wildlife laws could be thought of; and a special section manned by able officers with specialised skill and guided by an expert head like the director of public prosecutions ..... section 39 every wild animal hunted in contravention of the sections referred to therein, or kept or bred in captivity in contravention of the act or any rule or order made thereunder, or found dead, or killed without a licence or by mistake shall be the property of the state ..... elephant is therefore a wild animal as defined under the act under section 9(1) there is a prohibition against hunting a wild animal ..... , in particular, on section 11(2) which reads:'(2) the killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence ?provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this act or any rule or ..... even on the basis that he was not so guilty of a violation of the wild life (protection) act, the nature of the property in the tusks and the effect of the removal of the tusks by the plaintiff to his house, ..... , it is necessary to refer to the totally unsatisfactory manner in which the wild life (protection) act of 1972 is sought to be implemented, as is discernible from the facts of the present case itself .....

Janaseva Sisubhavan Vs. State of Kerala

Court : Kerala

..... is the state government to take the matter of repatriation and unless the state government makes arrangements in consultation with the arunachal pradesh state government the ..... pleader submits that in pursuance of the decision, the cwc, ernakulam and state through the district collector, ernakulam is making arrangements for safe delivery of the children at arunachal pradesh. ..... submits that even if the cwc takes a decision to repatriate the children to arunachal pradesh, the said repatriation has to be in accordance with the provisions of 2000 act and rules framed thereunder. ..... further submits that cwc, ernakulam has also informed that the cwc, lohit district of arunachal pradesh about the programme of the children. ..... 2015(ext.p11), issued by the chairman of cwc, ernakulam has been received by the petitioner institution which informed that the cwc has taken a decision to repatriate the 16 children brought from arunachal pradesh. ..... issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the 2nd respondent to comply with the provisions of the act and rules and conduct an enquiry as contemplated under the act and rules and here the children before passing any orders regarding the repatriation/transfer and also ensure that the custody of the children are entrusted to safe hands ..... admittedly, the children had been brought from different states, the cwc, under section 31, is the final authority to take decision regarding the welfare of the children .....

Reeja Vs. State of Kerala

Court : Kerala

Reported in : 2004(3)KLT599

..... but the difference in the local time between arunachal pradesh and mumbai being about one and a half hours, if it is 9.15 ..... can proceed against the petitioners and the officers of the concerned state government in accordance with law, for committing an offence under section 4 of the act.the writ petitions are disposed of as above. ..... in exercise of the power conferred by section 12 of the act, the kerala government have issued kerala state lotteries and on-line lotteries ( regulation) rules, ..... contention of the petitioner, which was noticed earlier, is that in view of exts.p1 and p2 interim orders, the state or its agencies have no power or authority to interfere with the sale of lottery tickets by the petitioner. ..... it is declared that notwithstanding exts.p1 and p2, the police have the power to register criminal cases and investigate them against the officers of the state government, for running lotteries, in violation of the provisions of section 4 and also the persons selling and purchasing the tickets of such lotteries.the writ petition is disposed of as above. ..... the police have the power to prosecute the officers of the state government concerned and also the persons selling those tickets ..... the lotteries are run strictly in accordance with the stipulations contained in s,4, then of course, the police or any other enforcing agency has no power to interfere with the sale of tickets of such lotteries. ..... the said power is a power coupled with a duty, which has to be exercised promptly and .....

Dr. Harish Babu Maddineni Vs. State of Kerala, Represented by Public P ...

Court : Kerala

..... the petitioner had only signed an agreement for a project with the government of arunachal pradesh for 14 mv power plant, but the brochures issued by the company and the representations made in the meetings indicate that the project is of 100 mv/ no power plant has been established by the company. ..... after holding thus, the division bench of the andhra pradesh high court considered the question whether the ingredients of section 2 (c) of the prize chits act are satisfied qua the promoter and held thus: it is, thus evident that the whole scheme is so ingeniously conceived that the inducement for aggressive enrollment of new members to earn more and more commission is inherent in ..... the promoter will make use of rs.350/- to purchase 35 lottery tickets of the kerala state government lotteries each for rs.10/- for the unit holder for the next 35 weeks. ..... for the matter of that, i cannot believe any law to ban every kind of activity for making quick or easy money, without more, on pain of penal consequences. ..... in our opinion, the requirement of law is an event or contingency relative or applicable to the enrolment of members into the scheme and nothing more. ..... besides, speaking of law and morals, it does not seem morally just or proper to say that no person shall make quick or easy money, specially quick. ..... there is no law in the country preventing such a sharing of profit. 15. .....