Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Page 5 of about 90,818 results (1.387 seconds)

Rajan Vs. State of Kerala, Rep. by Govt. of Kerala

Court : Kerala

..... considering the nature of the act committed by the accused and also the age of the victim and various other factors, it is felt that the sentence awarded is just and reasonable especially when the court below has awarded minimum sentence for the offence under section 376 ipc. ..... (3) in every case concerning a child or juvenile in conflict with law, the age determination inquiry shall be conducted by the court or the board or, as the case may be, the committee by seeking evidence by obtaining- (a) (i) the matriculation or equivalent certificates, if available; and in the absence whereof; (ii) the date of birth certificate from the school (other than a play school) first attended; and in the crl. ..... after remand, the court below re-appreciated the evidence and found that there is no justification to reject the entry of date of birth shown in ext.p10 which is 10.05.1976 and if that be so, as on the date of commission of offence, the victim was below the age of 16 years. ..... in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan friday,the22d day of november20131st agrahayana, 1935 crl.a.no. ..... sri.c.k.sasi respondent(s)/complainant: ------------------------------------------------ state of kerala represented by the government pleader, high court of kerala, ernakulam. .....

A.R. Joshi Vs. State Bank of India

Court : Delhi

Reported in : [1980(41)FLR315]; ILR1977Delhi750; (1978)ILLJ48Del

..... 17(1) of the act the general superintendence and direction of the affairs and business of the state bank shall be entrusted to the central board which may exercise all powers and do all such acts and things as may be exercised or done by the state bank (and are not by this act expressly required to be done by the state bank in general meeting) ..... (40) now to sum up: an employee in a corporation cannot be denied appropriate remedies of administrative law and if the dismissal is contrary to the mandatory provisions of the statute or in disregard of the principles of natural justice the dismissal can be declared void for a dismissal without good reasons may vitally affect a man's career or his ..... '(30) it was held that the courts will declare an act of a statutory body invalid 'ifby doing the act the body has acted in breach of a mandatory obligation imposed by statute, even if by making the declaration the body is compelled to do something which it does not desire to ..... lakshmi narain : (1976)iillj163sc the court held that the college was a non-statutory body and that the plaintiff's case did not fall within any of three exceptions to the rule of non-enforceability of contract of service ..... lalla : (1976)iillj91sc and several other rulings in support of the proposition that the bank was bound to observe the principles of natural justice in the inquiry against the employee. ..... freedland-the contract of employment (1976) pp ..... singh, : (1976)iillj204sc ). ..... , : (1976)iillj95sc . ..... - march 1976 p. .....

Kalpraj Dharamshi Successful Resolution Applicant Vs. Kotak Investment ...

Court : Supreme Court of India

..... of equitable or promissory estoppel; unlike waiver arising from an election, no question arises of any particular knowledge on the part of the person making the representation, and the estoppel may be suspensory only where the waiver is not express, it may be implied from conduct which is inconsistent with the continuance of the right, without the need for writing or for consideration moving from, or detriment to, the party who benefits by the waiver, but mere acts of indulgence will not amount to waiver; nor may a party benefit from ..... to section 30(2), the en quiry to be done is in respect of whether the resolution plan provides: (i) the payment of insolvency resolution process costs in a specified manner in priority to the repay ment of other debts of the corporate debtor, (ii) the repayment of the debts of operational creditors in prescribed manner, (iii) the man agement of the affairs of the corporate debtor, (iv) the implementation and supervi sion of the resolution plan, (v) does not con 144 travene any of the provisions of the law for the time being in force, (vi) conforms to such other requirements as may be specified by the board. ..... parson 24 air1950sc188= 1950 scr45925 (1969) 1 scc87326 (1969) 2 scc19949 tools and plants, kanpur27, kerala state electricity board, trivandrum vs. t.p. ..... bux [(1969) 2 scc481: (1970) 2 scr10 30 (1976) 4 scc46451 that justice and reason is at the heart of all legislation by parliament. ..... 27 (1975) 4 scc2228 (1976) 4 scc63429 (1996) 9 scc41450 .....

Madanlal Sharma Vs. Santosh Sharma

Court : Mumbai

Reported in : 1980MhLJ391

..... was the only amendment which was made by the appellant in his petition before the trial court after the amendment of the hindu marriage act in 1976.5. ..... 10(1)(b) of the hindu marriage act, as it stood before the amendment of 1976, permitted a party to a marriage to present a petition praying for a decree for judicial separation on that ground that the other party 'has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party. ..... however, invited my attention to the statement of object and reasons accompanying the bill which ultimately amended the hindu marriage act in 1976. ..... jaisinghani, the learned advocate appearing for the respondent, however, has canvassed the view that after the amendment of 1976, a greater degree of cruelty than what was envisaged under section 10(1)(b) of the act as it stood prior to the amendment of 1978 is now required to be proved by a spouse seeking divorce on the ground of cruelty ..... the hindu marriage act, 1955, which governs the parties and under which the petition for divorce was filed, was substantially amended in the year 1976 and a new ground which would be the basis of a decree for divorce was added in section 13 of the said act ..... at this stage i may mention that after the hindu marriage act was amended in 1976, the appellant amended his petition by substituting the prayer for divorce in place of an original prayer for .....

ishwari Khetan Sugar Mills (P) Ltd. and ors. Vs. State of Uttar Prades ...

Court : Supreme Court of India

Reported in : AIR1980SC1955; (1980)4SCC136; [1980]3SCR331; 1981(13)LC87(SC)

..... the ordinance and the act were challenged in the high court on the following grounds :(1) the state legislature had no legislative competence to enact it; (2) the act violated article 31 of the constitution because the acquisition was not for a public purpose and the compensation proposed in the act was illusory; (3) the act was in breach of article 19(1)(f) and (g) of the constitution; (4) the act infringed the guarantee of equality enshrined in article 14 of the constitution.a division bench of the high court by a common judgment dated may 3, 1979, repelled the contentions on behalf of the petitioners and upheld the constitutional validity, of the act. ..... : [1976]3scr688 while upholding the constitutional validity of the haryana minerals (vesting of rights) act, 1973, after noticing the declaration made in section 2 of the mines & minerals (regulation and development) act, 1957, ('mines & minerals act' for short), as envisaged by entry 54, list i it was held :moreover, power to acquire for purposes of development and regulation has not been exercised by act 67 of 1957. ..... : [1973]1scr356 , constitutional validity of kannan devan hills (resumption of lands) act, 1971, was challenged on the ground of legislative competence of kerala state legislature to enact the legislation. ..... the state of kerala and anr. ..... dhillon : [1972]83itr582(sc) and kerala state electricity board v. ..... state of kerala [1973] suppl.s.c r.1 in terms observed as under :in state of gujarat v. .....

Joseph Vs. Mary

Court : Kerala

Reported in : I(2000)DMC554

..... it must be noticed that after the amending act of 1976, a petition for divorce can lie at the instance of the husband or the wife if the other party has after the solemnisation of the marriage, committed even a single a ct of adultery, and that to bring a case under this section it is not necessary to show that the respondent is living in adultery.9. ..... adulterer to be co-respondent--upon any such petition by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from so doing on one of the following grounds, to be allowed by the court: (1) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom the adultery has been committed; (2) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it; or (3) that the alleged adulterer is dead.' 5. ..... therefore, the petition filed by the appellant is not in accordance with the act and the rules framed thereunder by the high court of kerala. ..... the high court of kerala has framed rules in exercise of the powers conferred under sections 14 and 21 of the hindu marriage act, 1955 and article 227 of the constitution of india to regulate the proceedings under the act, viz. ..... it is pertinent to note that high court of kerala has not framed any rules to regulate the proceedings under the indian divorce act.10. ..... , the hindu marriage (kerala) rules, 1963. .....

The Oriental Fire and General Insurance Company Vs. Nani Bala Devi and ...

Court : Guwahati

..... commissioner of workmen's compensation 1973 acj 428 that the provisions of section 96 of the mv act are applicable to proceedings under the workmen's act and being of this view it opined that the insurer could be made a party in the proceeding later this act after notice and that although the primary liability under the workmen's act was that of the employer at the insurance company was liable to discharge the claim if it was a judgment debtor. ..... of any liability under this act to any workman, then in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the right of the employer against the insurers as respect that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency of the winding up of companies, be transferred to vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies ..... in parameshwari, 1976 flr 371 (kerala), it was stated by a bench that section 14 of the workmen's act is the sole provision under which the liability of the employer extended to the insurer also. ..... sreedharan, 1976 lic 732(ap) has dealt with the question of whether the employer could claim indemnity from the insurance by filing a petition under the provisions of the workmen's act. .....

J. Papa Rao Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2004(2)ALD855; 2004(2)ALT663

..... (b) of article 236 of the constitution;(b) any officer or servant of any court in the state;(c) the accountant general, andhra pradesh;(d) the chairman or a member of the andhra pradesh public service commission;(e) the chief election commissioner, the election commissioners and the regional commissioners referred to in the article 324 of the constitution and the chief electoral officer of the state of andhra pradesh;(f) the speaker and the deputy speaker of the legislative assembly and chairman and the deputy chairman of the legislative council and the staff of the legislature secretariat;(g) the chairman or member of the andhra pradesh ..... therefore, there can be no question of repugnance between the electricity act on one hand and the kerala electricity (supply) act on the other. ..... , : [1976]1scr552 , held that the petitioners are the members of all india services and preliminary verification is conducted against them, whereas the enquiry has to be conducted under act 61 of 1951 and the rules. .....

Moti Lal Saraf Vs. State of Jammu and Kashmir and anr.

Court : Supreme Court of India

Reported in : AIR2007SC56; 2006CriLJ4765; JT2006(12)SC533; 2006(10)SCALE12; (2006)10SCC560; 2007(2)LC1327(SC)

..... previous sanction necessary for prosecution - (1) no court shall take cognizance of an offence punishable under section 161 or section 165 of the ranbir penal code, or under sub-section (2) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction (a) in the case of a person who is not removable from his office save by or with the sanction of the government, (b) in the case of any other person, of the authority competent to remove him from his office. ..... : [1987]1scr173 , this court quashed the proceedings on the ground that any further continuance of the prosecution after lapse of more than six years in the case of the appellant who was merely a trader at the lowest rung of the hierarchy in the foreign exchange division of the bank is uncalled for, particularly, in view of the complicated nature of the offence charged. ..... the trial court observed in its order that the vigilance organization, kashmir, despite having knowledge that earlier accorded sanction had been quashed, again produced the instant charge-sheet for his trial in the year 1986 on the plea that the accused had been removed from the service, as such, no sanction as contemplated under section 6 of the j & k pc act was required. 8. ..... the investigation commenced in november 1976 and the case was registered on completion of the investigation in september 1977. .....

ScIndia Potteries and Services Ltd. Vs. Deputy Land and Devolpment Off ...

Court : Delhi

Reported in : 1994IVAD(Delhi)221; 1994(31)DRJ233; [1995]213ITR260(Delhi); 1994RLR543

..... the explanationn so added by the amendment act of 1976, it cannot be contended any longer that the provisions of the code would apply to the proceedings under article 226 of the ..... the code read as under : 'the procedure provided in this code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction'.however, by the code of civil procedure (amendment) act, 1976, an explanationn has been inserted, which reads as under : 'in this section, the expression 'proceedings' includes proceedings under order ix, but not include any proceeding under article 226 of the ..... the constitution without the person who would be vitally affected by its judgment being before it as a respondent such person may appear at the hearing or make a prior application, and ask for leave to join the proceedings and when it so happens the court shall, notwithstanding section 141 of the code and despite there being no rule of the high court in that direction, in exercise of its inherent powers on the analogy of order i rule 10 of the code, and following the ..... as respondents in a representative capacity if their number is too large, and, thereforee, the allahabad high court ought not to have proceeded to hear and dispose of the sangh's writ petition without insisting upon the reserve pool teachers being made respondents in a representative capacity, and had the petitioners refused to do so, ought to have dismissed that petition for non-joinder of ..... kerala .....