Court : Kerala
..... for the foregoing reasons, we are of the view that so long as regulation 31 of the regulations is not amended, 60 years which is the age of superannuation of government servants employed under the state of uttar pradesh shall be applicable to the employees of the nigam. ..... it was also not possible for the state government to give a direction purporting to act under section 89 of the act to the effect that the enhanced age of 60 years would not be applicable to the employees of the nigam treating the same to be a matter of policy nor was it permissible for the nigam on the basis of such a direction of the state government in the policy matter of the nigam to take an administrative decision acting under section 15(1) of the act as the same would be inconsistent with regulation 31 which was framed by the nigam in the exercise of powers conferred upon ..... aggrieved by the order, ext.p13 dated 21.11.2013 of the state government as well as the order of the corporation, ext.p11 dated 05.03.2013, the writ petition no.14524 of 2014 was filed by the first respondent in which writ petition, following prayers were made :- "(i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing ext.p13 order of the 1st respondent and ext.p11 order of the 2nd respondent; wa nos.650 of 2015 and conn. ..... on the reorganisation of the erstwhile punjab state into punjab and haryana on november 1. .....
Tag this Judgment!Court : Kerala
..... in that connection it was said: the corollary thus of declaring the provisions of s.25, bombay general clauses act, applicable to the repeal of the ordinance and of deeming that ordinance an enactment is that wherever the word 'ordinance' occurs in the notification, that word has to be read as an enactment. 14. ..... this court held that the deemed clause in s.15 of the act read with s.25 of the bombay general clauses act has to be given full effect and the expression 'enactment' in the act will cover the word 'ordinance' occurring in the notification which had been issued. ..... the words in the case of any person residing out of british india were deleted from s.42(1) during the pendency of the amendment bill of 1939 in the council of state presumably with the object of making the section applicable to any person who had any income which in a primary sense arose in british india, even though technically it had arisen abroad, irrespective of the circumstance whether that person was resident, ordinarily resident or not ordinarily resident. 9. ..... as per ext.p4 dated 20/3/2014, the licence was granted for a period of one year upto 31/3/2015 covering all the survey numbers of the property held by the petitioner. ..... the said notice was received by the tenant only on 14/2/2014. ..... thanneermukkam grama panchayat, cherthala and others (2014 (4) khc 174). .....
Tag this Judgment!Court : Kerala
..... , 301, 306, 310, 321, 322, 323, 329, 332, 337, 338, 417, 419, 480 and 529 of 2015 --------------------------------------------------------------------- dated this the 31st day of march, 2015 judgment k.t.sankaran, j.the abkari policy for the year 2014-15 and the consequent amendment of the foreign liquor rules were challenged in a batch of writ petitions by two star, three star, four star and heritage hotel owners and unclassified hotel owners. ..... , 1771, 1772, 1773, 1783, 1784, 1785, 1790, 1791, 1792, 1794, 1804, 1811, 1813, 1815, 1817, 1823, 1828, 1857, 1864, 1865, 1884, 1885, 1888, 1890, 1895, 1898, 1912, 1915, 1916, 1917 of 2014, 3, 83, 150, 183, 184, 195, 202, 203, 204, 205, 206, 207, 208, 230, 237, 241, 242, 244, 245, 246, 253, 255, 257, 279, 283, 287, 288, 289,295, 297, 298, 299 ..... , 1771, 1772, 1773, 1783, 1784, 1785, 1790, 1791, 1792, 1794, 1804, 1811, 1813, 1815, 1817, 1823, 1828, 1857, 1864, 1865, 1884, 1885, 1888, 1890, 1895, 1898, 1912, 1915, 1916, 1917 of 2014, 3, 83, 150, 183, 184, 195, 202, 203, 204, 205, 206, 207, 208, 230, 237, 241, 242, 244, 245, 246, 253, 255, 257, 279, 283, 287, 288, 289,295, 297, 298, 299 ..... in government of andhra pradesh and others v. ..... article 13(3)(a) of the constitution states that law includes "any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of india the force of law". .....
Tag this Judgment!Court : Kerala
..... learned counsel for the appellant submitted that although against the subsequent decision of the committee dated 27.5.2014 granting registration the petitioner filed appeal before the appellate authority, which is being heard, the learned single judge in the impugned judgment confined the scope of hearing of the appeal only on the merits of the decision and denied the petitioner the right to challenge the procedure adopted by the committee, which is uncalled for and an undue limitation on the statutory right of the petitioner, which wa.767 and76915 8 deserves to ..... andhra pradesh state transport corporation, (1959) 1 scr319: (air1959sc308 put it on a different ..... " in the instant case the order appointing the pricing committee which was amended on 26-11-86 wa.767 and76915 35 specifically provided : "the aforesaid pricing committee was established to determine (not merely to advise on) the price and terms and conditions for the supply of resin, resin blazes, standing trees and other foreign produce to be handed over by the hp forest department to the hp state ..... the exercise of an administrative or executive act may well be and is frequently made dependent by the legislature upon a condition or contingency which may involve a question of fact, but the question of fulfilment, of which may, nevertheless, be left to the subjective opinion or satisfaction of the executive authority as was done in the several ordinances regulation and enactment considered and construed in the several cases .....
Tag this Judgment!Court : Kerala
..... by the kerala municipality (amendment) ordinance, 2013 (ordinance no.39 of 2013), among other provisions of the kerala municipality act, section 447 was also amended with effect from 25.11.2012. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... section 447(7) of the kerala municipality act, as amended by act 8 of 2014, is effective from 25th november, 2012, the date with effect from which ordinance no.39 of 2013 was implemented. ..... in compliance with the order, the chairman of the municipality has filed affidavit dated 24/2/15 producing circular dated 20/2/14 of the president of the kerala pradesh congress committee (i), which reads thus; wa nos. ..... : that the kerala pradesh congress committee had issued a circular preventing the municipalities ruled by the members of that party from issuing noc under section 447 of the kerala municipalities act. ..... 359/2015, the court on the same day delivered the following: wa no.276/15 appendix appellant's exhibits nil respondent's exhibits annexure r4(a): true copy of the communication dated202/14 issued by the kerala pradesh congress committee (i). ..... : "kerala pradesh congress committee (i) v.m.sudheeran, president 20.2.2014 ( , . . . . . ( . ( . , ( , ( . . . . . ( . ( ( . ( . ( . , ( ) . . .....
Tag this Judgment!Court : Kerala
..... by the kerala municipality (amendment) ordinance, 2013 (ordinance no.39 of 2013), among other provisions of the kerala municipality act, section 447 was also amended with effect from 25.11.2012. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... section 447(7) of the kerala municipality act, as amended by act 8 of 2014, is effective from 25th november, 2012, the date with effect from which ordinance no.39 of 2013 was implemented. ..... in compliance with the order, the chairman of the municipality has filed affidavit dated 24/2/15 producing circular dated 20/2/14 of the president of the kerala pradesh congress committee (i), which reads thus; wa nos. ..... : that the kerala pradesh congress committee had issued a circular preventing the municipalities ruled by the members of that party from issuing noc under section 447 of the kerala municipalities act. ..... 359/2015, the court on the same day delivered the following: wa no.276/15 appendix appellant's exhibits nil respondent's exhibits annexure r4(a): true copy of the communication dated202/14 issued by the kerala pradesh congress committee (i). ..... : "kerala pradesh congress committee (i) v.m.sudheeran, president 20.2.2014 ( , . . . . . ( . ( . , ( , ( . . . . . ( . ( ( . ( . ( . , ( ) . . .....
Tag this Judgment!Court : Kerala
..... by the kerala municipality (amendment) ordinance, 2013 (ordinance no.39 of 2013), among other provisions of the kerala municipality act, section 447 was also amended with effect from 25.11.2012. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... section 447(7) of the kerala municipality act, as amended by act 8 of 2014, is effective from 25th november, 2012, the date with effect from which ordinance no.39 of 2013 was implemented. ..... in compliance with the order, the chairman of the municipality has filed affidavit dated 24/2/15 producing circular dated 20/2/14 of the president of the kerala pradesh congress committee (i), which reads thus; wa nos. ..... : that the kerala pradesh congress committee had issued a circular preventing the municipalities ruled by the members of that party from issuing noc under section 447 of the kerala municipalities act. ..... 359/2015, the court on the same day delivered the following: wa no.276/15 appendix appellant's exhibits nil respondent's exhibits annexure r4(a): true copy of the communication dated202/14 issued by the kerala pradesh congress committee (i). ..... : "kerala pradesh congress committee (i) v.m.sudheeran, president 20.2.2014 ( , . . . . . ( . ( . , ( , ( . . . . . ( . ( ( . ( . ( . , ( ) . . .....
Tag this Judgment!Court : Kerala
..... by the kerala municipality (amendment) ordinance, 2013 (ordinance no.39 of 2013), among other provisions of the kerala municipality act, section 447 was also amended with effect from 25.11.2012. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... section 447(7) of the kerala municipality act, as amended by act 8 of 2014, is effective from 25th november, 2012, the date with effect from which ordinance no.39 of 2013 was implemented. ..... in compliance with the order, the chairman of the municipality has filed affidavit dated 24/2/15 producing circular dated 20/2/14 of the president of the kerala pradesh congress committee (i), which reads thus; wa nos. ..... : that the kerala pradesh congress committee had issued a circular preventing the municipalities ruled by the members of that party from issuing noc under section 447 of the kerala municipalities act. ..... 359/2015, the court on the same day delivered the following: wa no.276/15 appendix appellant's exhibits nil respondent's exhibits annexure r4(a): true copy of the communication dated202/14 issued by the kerala pradesh congress committee (i). ..... : "kerala pradesh congress committee (i) v.m.sudheeran, president 20.2.2014 ( , . . . . . ( . ( . , ( , ( . . . . . ( . ( ( . ( . ( . , ( ) . . .....
Tag this Judgment!Court : Kerala
..... by the kerala municipality (amendment) ordinance, 2013 (ordinance no.39 of 2013), among other provisions of the kerala municipality act, section 447 was also amended with effect from 25.11.2012. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... section 447(7) of the kerala municipality act, as amended by act 8 of 2014, is effective from 25th november, 2012, the date with effect from which ordinance no.39 of 2013 was implemented. ..... in compliance with the order, the chairman of the municipality has filed affidavit dated 24/2/15 producing circular dated 20/2/14 of the president of the kerala pradesh congress committee (i), which reads thus; wa nos. ..... : that the kerala pradesh congress committee had issued a circular preventing the municipalities ruled by the members of that party from issuing noc under section 447 of the kerala municipalities act. ..... 359/2015, the court on the same day delivered the following: wa no.276/15 appendix appellant's exhibits nil respondent's exhibits annexure r4(a): true copy of the communication dated202/14 issued by the kerala pradesh congress committee (i). ..... : "kerala pradesh congress committee (i) v.m.sudheeran, president 20.2.2014 ( , . . . . . ( . ( . , ( , ( . . . . . ( . ( ( . ( . ( . , ( ) . . .....
Tag this Judgment!Court : Kerala
..... by the kerala municipality (amendment) ordinance, 2013 (ordinance no.39 of 2013), among other provisions of the kerala municipality act, section 447 was also amended with effect from 25.11.2012. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... section 447(7) of the kerala municipality act, as amended by act 8 of 2014, is effective from 25th november, 2012, the date with effect from which ordinance no.39 of 2013 was implemented. ..... in compliance with the order, the chairman of the municipality has filed affidavit dated 24/2/15 producing circular dated 20/2/14 of the president of the kerala pradesh congress committee (i), which reads thus; wa nos. ..... : that the kerala pradesh congress committee had issued a circular preventing the municipalities ruled by the members of that party from issuing noc under section 447 of the kerala municipalities act. ..... 359/2015, the court on the same day delivered the following: wa no.276/15 appendix appellant's exhibits nil respondent's exhibits annexure r4(a): true copy of the communication dated202/14 issued by the kerala pradesh congress committee (i). ..... : "kerala pradesh congress committee (i) v.m.sudheeran, president 20.2.2014 ( , . . . . . ( . ( . , ( , ( . . . . . ( . ( ( . ( . ( . , ( ) . . .....
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