Court : Kerala
..... counsel would submit that in view of the deeming provision contained under sec.3(3) of the kerala act, if the water authority is deemed to be a local authority in view of clause (iii) to section 2 (n) of the act which was introduced as per amendment act of 1987 which crl.m.c. ..... 1725/2007, 1722/2007, 461/2009 1721/2007 and 2454/2008 -:46:- occurred in the factory on 7.11.2006 in form no.18 to the director of factories & boilers, the joint director of factories & boilers and the inspector of factories & boilers, thodupuzha and thereby violated rule 123 (1) and rule 123 (3) of the kerala factories rules, 1957, the violations of which are punishable under section 92 of the factories act, 1948.37. in s.t. no. ..... since the contours are well defined as per the regulation mentioned above, there could be no difficulty to fix the liability on account of the act or omission of those officers pertaining to the violations made mention of in the factories act and rules made thereunder. ..... 1725/2007, 1722/2007, 461/2009 1721/2007 and 2454/2008 -:14:- responsibilities of superintending engineers mentioned in appendix a the second petitioner is to be made liable for the violations of some of the rules, the learned public prosecutor rightly submits.15. .....
Tag this Judgment!Court : Supreme Court of India
..... kerala legislature has imposed precautionary measures by placing pro tem restrictions on the storage level of the dams mentioned in the second schedule read with section 62a(2) of the 2006 (amendment) act and the said restrictions are based on the legislative wisdom of the kerala legislature that these dams are endangered on account of their age, degeneration, degradation, structural or other impediments ..... about 2006 (amendment) act, it is stated that kerala legislature enacted the act regulating the storage levels of 22 dams listed in the second schedule read with section 62a (1), as these dams fall entirely within the territory of kerala and these dams are considered to be endangered on account of their age, degeneration, degradation, structural or other ..... (1) to arrange for the safety evaluation of all dams in the state; (2) to advice government to suspend the functioning of any dam if the public safety so demands; (3) to examine the precariousness of any dam in public interest and to submit its recommendations including decommissioning of dam to the government; (4) to inspect and advice the government on advisability of raising or lowering of the reservoir level of any dam taking into account the safety of the dam concerned and the environmental aspects involved; and (5) to inspect and advice the government on the sustainability of any dam to hold the water in the reservoir thereof. ..... on 13.12.2007, the court framed the following issues for consideration in the suit: 1 .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Delhi
..... on the fundamental rights guaranteed by article 19(1)(g) which are reasonable and which are in the interests of the general public, are saved by article 19(6) as it originally stood; the subject-matter covered by the said provision being justiciable, and the amendment adds that the state monopolies or nationalisation, schemes which may be legislation, are an illustration of reasonable restrictions imposed in the interests of the general public and ..... , study this note did not take into account the background and the objections, which had been sounded and recorded in the minutes of the meeting dated 26th may, 2017 and notes dated 18th and 20th december, 2017 and also the fact that approval was sought on undisputed points and the issue or proposal regarding disqualification of open school ..... may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this act, in respect of the state government seats (whether ..... inspector kerala government and others, (1998) 8 scc227 wherein the supreme court had observed that when examining the question of reasonableness of statutory provision, the following factors have to be kept in mind:-" (1) the directive .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1473; JT1991(2)SC403; 1991(1)SCALE869; (1991)3SCC299; [1991]2SCR643
..... the principal ground of challenge which was accepted by the kerala high court was that the kerala state electricity board acted outside its statutory authority by formulating a price structure intended to yield substantial revenue to offset not merely the expenditure properly chargeable to the revenue account for the year as contemplated by section 59 of the supply act but also expenditure not so properly chargeable. ..... this court expressly rejected the submission which had found favour with the kerala high court that in the absence of a specification by the state government, the position would be as it was before the 1978 amendment, that is, the board was to carry on its affairs and adjust the tariffs in such a manner as not to incur a loss and no more. ..... the kerala case also was decided on the basis of section 59 as it stood amended by the 1978 (amendment) act, prior to its amendment w.e.f. ..... it is, therefore, obvious that mere generation of surplus by the board as a result of adjusting its tariffs when the quantum of surplus has not been specified by the state government after the 1978 amendment of section 59 of the supply act, cannot invite any criticism unless it is further shown that the surplus generated as a result of the adjustment of tariffs by the board has resulted in the board acting as a private trader shedding off its public utility character. .....
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