Court : Kerala
Reported in : 2008CriLJ4221; 2008(2)KLJ417; 2008(3)KLT346
..... complaints under this act, have all the powers of a civil court trying a suit under the code of civil procedure, 1908, and in particular in respect of the following matters namely:(a) xx xx xx(b) xx xx xx(c) xx xx xx(d) xx xx xx(e) xx xx xx(f) xx xx xx(2) xx xx xx(3) xx xx xx(4) the commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code is committed in the view or presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provided for ..... , a person of reasonable prudence would arrive at a conclusion that the attempt of the newspaper daily was to bring to light the hard reality that persons like sudhi chandran with no or slight mental trouble, cured after treatment, are still languishing in mental sanatoriums as they are abandoned/accused, in view of sections 19 and 20 of the ipc and section 13 of the protection of human rights act, 1993, the alleged defamatory text and annexure a will come under the protective umbrella of exceptions 4, 8 and 9 of section 499 ..... in the present case, it is not disputed by the 1st respondent that the report was published as part of publishing a news item concerning the visit of a member of the kerala state human rights commission and the words spoken to the member, which will come within the purview of report regarding judicial act. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(1)KLJ38
..... the district magistrate, pathanamthitta, who is an authorised officer under sub-section (2) of section 3 of the kerala anti social activities (prevention) act, 2007 (hereinafter referred to as the act'), passed an order of detention dated 19.6.2008, under section 3(1) of the act on being satisfied that ajith kumar alias kuttan is a 'known goonda' and that his detention is necessary with a view to prevent him from indulging in anti social activities. ..... ravindranath, additional director general of prosecution, submitted that the order of detention is legal and valid and that the order of detention would indicate that the authorised officer has considered the report of the superintendent of police and the information supplied therein before passing the order of detention under section 3(1) of the act. ..... if the detenue challenges the order of detention, it should be established that the subjective satisfaction of the detaining authority was arrived at in the manner provided in the act. ..... the grounds of detention further shows that the superintendent of police, pathanamthitta filed a preliminary report before the authorised officer on 6-5-2008 regarding the activities of the detenue. f.i.r. no. ..... the representation submitted by the detenue was received by the government on 1.9.2008 and the same was rejected on 4.9.2008.4. .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ110
..... of 2008:i) declare that issuance of exhibit p2, p4 ad p5 orders are not sustainable and contrary to the law, to the extent of giving permission to effect the sale by giving unconditional exemption to the 100 acres of land from the 2nd respondent to the 3rd respondent by the state government as the same is also contrary to the decision taken by this hon'ble court in this aspect.ii) issue a writ of certiorari to quash ext.p2, p4 and p5 to the extent of granting unconditional exemption to the 2nd respondent by invoking section 81(1)(a) of the kerala land reforms act which in turn enabled the ..... 2nd respondent to effect sale of the property to the 3rd respondent as the same is illegal .....
Tag this Judgment!Court : Kerala
Reported in : [2009]181TAXMAN197(Ker)
..... even though none of the authorities including the tribunal has considered the provisions of the motor vehicles act, 1988 pertaining to financing of vehicle purchase, we feel it would be useful to refer to the provisions of the said act for understanding the nature of transaction between the respondents and the vehicle owners. ..... therefore, the business of the respondents reflected in the order of the assessing officer is consistent with the above statutory provision of the motor vehicles act which only provide for endorsement of hypothecation in the rc book and registration of the vehicle is in the name of the borrower. ..... it is clear from the terms of transaction that the vehicle financing covered by so-called hire purchase agreements is only in the nature of loan and contrary to hire-purchases conceived under the hire purchase act, respondents have only a licence to repossess the vehicle and get the vehicle registered in their name and that too under orders of registering authority under the motor vehicles act after default is committed by the hire purchasers. ..... besides this we have already noticed that the exercise of option provided in the agreement relied on by the tribunal is contrary to the real deal and against the provisions of the motor vehicles act because of registration of vehicles by the borrowers in their own names. .....
Tag this Judgment!Court : Kerala
Reported in : ILR2011(1)Ker434
..... considering the effect of the kerala land utilisation order, and the fate of pending applications under the same act, it was held in para 11 thus: "thus, in respect of paddy land and wet land as defined under the act, even if an application was made before appropriate authority under the land utilisation order and in so far as no permission is granted in terms of the provisions contained therein, such conversion or reclamation of the paddy land is to be governed by the provisions contained in act 28/2008 since the effect of the prohibition contained in ss.3 and 11 is against reclamation or conversion of the ..... in the decision reported in shahanaz shukkoor's case (2009 (3) klt 899), while considering the effect of the provisions of the act, 2008 the learned judge also considered the question whether the description of the property as 'paddy field' in the revenue records is crucial to decide the nature of the land. ..... this is because the kerala conservation of paddy land and wet land act, 2008 deals with the conversion of lands, which are wetland or paddy fields, on the basis of the actual fact situation and not depending on the description of the property in the revenue records. ..... the attempt made by the petitioner in the year 2008 led to the issuance of a show cause notice and a stop memo and again after the coming into force of the act, 2008 an attempt was made to covert the land which led to ext.p6 order. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2008Ker59; 2008(1)KLJ260; 2008(2)KLT388
..... a3, the birth register extract a public document establish that mohammed ilias is the father of appellant and under section 35 of indian evidence act the entries in the birth register, which is a public document, is relevant and admissible and it establishes that appellant is the son of mohammed ilias. ..... under section 35 of the indian evidence act, being a public document the entries in ext. ..... of direct proof, from-(a) prolonged and continual cohabitation as husband and wife (g); or,(b) the fact of the acknowledgment by the man of the paternity of the child born to the woman, provided all the conditions of a valid acknowledgment mentioned in section 344 below are fulfilled (b); or,(c) the fact of the acknowledgment by the man of the woman as his wife (i).admission of 8th defendant widow and the evidence establish that mohammed ilias and 9th defendant were living together under one roof as husband and wife which was not disputed ..... mullas principles of mahomedan law 18th edition at page 282, para 250 defines marriage as follows:marriage (nikah) is defined to be a contract which has for its object the procreation and the legalizing of children.marriage according to mohammedan law is not a sacrament but a civil contract.essentials of a marriage is dealt with in para 252 (at page 253). .....
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ344
..... normally, it would not be considered a bona fide act on the part of a member of the selection committee to say, after the selection is over and he has signed the proceedings, that he overlooked certain qualifications in respect of a candidate. ..... herein, in the additional affidavit, the minutes of the meeting of the governing body dated 7.11.2008 has been produced as ext. r2(c). ..... again, information was sought by the petitioner as per ext.p5 and she was given a reply as per ext.p6 stating that the governing body in its meeting held on 7.11.2008 has decided to scrap the staff selection interview. ..... meanwhile, a news item was published in the indian express daily dated 23-10-2008 stating that the government nominee dissented with the selection of the candidate. ..... doctorate was awarded on 9.9.2008 which is evidenced by ext.plo and at the time of interview held on 16.9.2008, she had produced the relevant documents before the selection committee. ..... the interview was held on 16.9.2008. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ923
..... to a scheduled caste and a scheduled tribe and already in service, from passing the tests referred to in rule 13 or rule 13a of the said rules.provided that this rule shall not be applicable to tests prescribed for purposes of promotion of the executive staff below the rank of sub inspectors belonging to the police department.in terms of the proviso to this rule, rules shall not be applicable to the test prescribed for the purpose of promotion to the executive staff below the rank of sub inspectors belonging to police department. ..... he has also urged that assistant sub inspectors of police were promoted in may, 1993 when their probation was not even declared and that they were included in the list of promotion to the post of circle inspectors of police when their probation in the post of sub inspectors of police was also not declared it was also contended that although ext. ..... what was contemplated was a relaxation in public interest and that appointments to the police force are to be made with reference to the rules framed under public services act and it should not be mistaken that rule 39 of the k.s.s.r. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ457
..... by public sector undertakings or by reputed societies for public sector undertakings under the financial control of such public sector undertakings or by societies formed by such undertakings.v) private, unaided schools established by societies registered under the societies registration act 1860 of the government of india or under acts of the state governments as educational, charitable or religious societies having non-proprietary character or by trusts.going by the above quoted provisions, a secondary school which is unaided and established by ..... registered societies or trusts can seek provisional affiliation with the board, only if the middle section of that school has got recognition from the state government or the application is either forwarded by the state government, or the same ..... may affiliate several categories of schools all over india and abroad, as for example:i) government or government aided schools;ii) schools run by autonomous organisations under the government like kendriya vidyalaya sangathan (kvs), ndvodaya vidyalaya samiti (nvs), central tibetan schools- organisation (ctso), sainik schools society etc;iii) schools run by government department ..... 2008 .....
Tag this Judgment!Court : Kerala
Reported in : [2010]187TAXMAN1(Ker)
..... by this office, i am given to understand that acquisition of land for infopark (smart city project) is being done on the strength of the notification issued by the government.the mode of execution may have been through sale deeds after reaching a negotiated agreement on the amount to be paid as compensation, but the proceedings are carried out as a consequence of notification issued under the land acquisition act, 1894, to acquire the specified land area.once a particular area has been notified by government for acquisition for a specified ..... the land acquisition act and other better benefits demanded by us became liable to be paid to us who are the land owners, in the circumstances aforesaid, by the govt, and info park, kerala.the recitals in ext.r1(b) would trace the title of the vendor and it further goes on to show that the vendor has given consent letter willingly as per mutual agreement in consideration of total amount consisting of the cost towards the price of the land and also in terms of the package which formed the total consideration, which included the value of the ..... 10316/2008 nominated by the government of kerala and it is set up with the objective of development of information technology parks. .....
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